A fatwa in this regard has been issued by Dargah Ala Hazrat (Bareilly).
In a development seen as path-breaking for the Muslim community, a world renowned seminary in west UP has ruled that even a Muslim woman can pronounce the much controversial triple talaq to divorce her husband. Hitherto, the triple talaq has been recognised as the exclusive prerogative of Muslim men to divorce their wives.
The 'fatwa' issued by the Dargah Ala Hazrat (Bareilly), which represents the Barelvi sect of Islam, comes at a time when the triple talaq issue is being fiercely debated and the Supreme Court is hearing several petitions on the matter. The other influential Islamic sect, the Deobandis, have also supported this view.
"Muslim women have the right to divorce themselves in certain circumstances where they no longer wish to continue in the marriage," Mufti Mohammed Salim Noori, spokesperson for the 'dargah', told reporters. "It is provided for in Islamic law. But an agreement for the same has to be made at the time of 'nikah' (marriage). It can be oral or written," he added.
The fatwa has been ratified by the Darul Ifta Manzar-e-Islam, the department at the world famous seminary which deals with questions and interpretation of Islam and Islamic law, and provides answers to Muslims all over the world through its website.
The mufti said that the provision for women pronouncing their own divorce is known as 'talaq-e-tafveez'. "At the time of 'nikah', the husband has to announce that he gives his wife the right to divorce him. Only then can the woman use this provision when she may want to nullify the marriage due to certain reasons, like domestic violence, prolonged illness or any other unbearable condition," he explained.
The fatwa came in response to a question from a Muslim in Manchester who was to marry off his daughter and wanted to know her rights regarding talaq. The mufti said most Muslim women marrying in Europe opted for 'talaq-e-tafveez' since "incidents of marital discord are more frequent in those countries".
Clerics of the Darul Uloom, Deoband (Saharanpur), have also supported the fatwa issued by the Barelvi school. "A Muslim woman has as much right to pronounce divorce as a man provided she has taken 'talaq-e-tafveez' at the time of 'nikah'," says Mufti Arif Usmani, the 'mohtamim' (principal) at the Deoband seminary.
The Supreme Court is hearing a batch of petitions filed by Muslim women and organisations demanding that triple talaq be declared unconstitutional. However, Muslim clerics and the All India Muslim Personal Law Board assert that the judiciary cannot adjudicate on personal laws.
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