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All parties meeting to constitute committee to hear Talaq cases
Divorce judgment controversy
SRINAGAR, Nov 4: The all parties meeting today resolved to constitute a committee for hearing cases related to divorce in Muslim couples and “other sensitive issues” concerning Islam.

The committee would also examine closely the judgment by the Jammu and Kashmir High Court on divorce-in-Islam, and, based on the committee’s report, the legal course against the High Court judgment would be decided.

“The meeting unanimously resolved to constitute a committee that will hear divorce cases (in Muslim couples)…Not just divorce cases, but several ‘other sensitive issues’ related to Islam,” the president Jamiat Ahl-e-Hadith (JAH), Ghulam Rasool Malik, told Kashmir Times.

“The committee will examine the judgment (by HC) and consult the legal experts to prepare a report for legal course against it (judgment),” he informed.

The committee, the president explained, would comprise of the Ulemas from various religious groups and the legal experts. And the JAH, he said, has been tasked to consult the religious parties for constitution of the group.

“We will ask the religious parties for their representative Ulemas. Besides, many legal experts will also be made members of the committee so that every case can be handled properly,” he said.

The meeting did not set any deadline for constituting the committee.

“It will be done as early as possible,” Malik said.

Kashmir already has in place a Shariah court that hears and decides the cases related to Islam, including the divorce cases. Therefore, the decision of constituting a committee for a similar purpose may need more clarification.

The JAH president, however, said the party would consult Shariah court too before constituting the committee.

“Our aim is to put an end to controversies and confusions. Having more bodies for the same purpose will create confusion. Therefore, we will contact the Shariah board too so that the committee is formed with proper understanding,” he said.

The JAH, a prominent religio-political group, had called the all parties meeting to draft future course of action against the HC judgment that challenged a Muslim man’s right to divorce his wife. The HC had last week ruled that a husband's right to 'talaq', or divorce under the Islamic laws, is not "absolute and unqualified".

In his 23-page judgment, Justice Hasnain Masoodi went into the details of the Muslim Shariah law to hold that a "husband cannot have unrestricted or unqualified power to pronounce the Talaaq."

"Though Islam visualizes a situation where a marriage may run into rough weather for reasons beyond control of the parties to the marriage contract, and provides for a mechanism to end or dissolve the relationship in such case, yet the device of divorce is to be used as the last option when the marital relations have irretrievably broken down," the court was quoted as having said.

The meeting was presided over by Malik, and it saw participation from Ulemas, political leaders, lawyers and scholars. Those included president of the High Court Bar Association, Kashmir, Advocate Zafar Ahamd Qureshi, Advocate Mian Abdul Qayoom, Advocate Zafar Ahad Bhat, Maulana Abbas Ansari, Agha Sayed Abid Hussain Rizvi, Ghulam Qadir Lone of Jamiat-e-Islami and Prof Abdul Gani Bhat,

Pertinently, the HC judgment has evoked response from various religious and political quarters. While the religious organizations have reacted sharply, the veteran separatist, Syed Ali Shah Geelani, has asked the Muftis to examine the court judgment to prevent any confusion in the public quarters.
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News Updated at : Monday, November 5, 2012
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