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'Talaq, uttered mindlessly, is invalid'
PATNA: The Imarat-e-Shariah, Bihar, Orissa and Jharkhand has ruled that pronouncement of talaq even 100 times in one go in an inebriated state is invalid. But it must be proved beyond doubt that the man slapping talaq had thoroughly lost his sense of balance.
Reacting to the two cases of triple talaq in Orissa which have caught the nation's attention due to an order of the Supreme Court in one case, Amir-e-Shariat Maulana Syed Nizamuddin said the case of Nazma Bibi of Bhadrak, which was taken to the apex court, was being probed by the Imarat and Qazi Abdul Hafeez has been sent there to report back. "If it is proved that the man, although in a drunken state, but very much in his senses pronounced triple talaq, it will be treated as valid", the cleric,who is also general secretary of the All-India Muslim Personal Law Board, told TOI on Wednesday. Likewise, a divorce announced in a fit of anger will also be invalid, he added. By Rajesh Kumar, Section News Posted on Wed May 10, 2006 at 10:15:17 PM EST
He explained one has to rely on the evidence and witnesses' statement to conclude whether the man had really lost sense or was still in his senses while uttering talaq thrice.
The Maulana said it is due to growing social ills that cases of such "ugly" talaqs are increasing. They have been taking place since long, though. He narrated an incident in his village where a septuagenarian husband, in a fit of anger, publicly pronounced talaq about 35 times to his 65-year-old wife. "When I was told about the mental state of the man, I ruled it was not a valid talaq," he said. The concept of halala was also being misused, he said. Some religious leaders in Orissa have asked Nazma to opt for halala divorced wife marries another man, consummates the marriage and then seeks divorce from him to remarry the first husband since they feel that she has no religious right to live with the husband who divorced her. Maulana Nizamuddin said after triple talaq, the wife ceases to be halal (legitimate) for the husband unless she undergoes halala. But the Prophet had strongly disfavoured the practice.
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