Times of India·4 min read·hard

After triple talaq ban, men use qazis’ ‘services’ to end nikah

M
MOHAMMED WAJIHUDDIN
After triple talaq ban, men use qazis’ ‘services’ to end nikah
AI Summary

A Mumbai-based trust was deregistered for facilitating illegal divorce practices, specifically using 'talaq-e-ahsan' to bypass legal protections for women. The case highlights ongoing tensions between traditional religious arbitration and the 2019 criminalization of triple talaq in India.

Why it matters

It underscores the legal challenges in enforcing gender equality laws within religious communities and the role of state oversight in family law.

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Recently, the deputy charity commissioner of Mumbai deregistered Mohakkama-E-Sharia Darul Quza Rehmaniya, a Jogeshwari-based Public Trust which functioned as a sharia court. Faske Nikah or dissolution or annulment of the marriage was among the “several illegal activities” the trust was found to be involved in.This significant order came following Crawford Market resident Rizwana Afzal Shaikh complained to the charity commissioner that the trust, run by Maulana Abdul Hassain Rahi Kazi and a few others, wanted to dissolve her marriage through talaq-e-ahsan, one of the forms of divorce under Islamic law in which the husband pronounces talaq or divorce just once. In this form, the husband can revoke the divorce any time during the iddat period lasting three lunar months. The divorce becomes irrevocable only after the iddat period ends without any reconciliation.

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