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Muslim woman moves Delhi High Court opposing petition to declare Talaq-ul-Sunnat unconstitutional, anti-Shariat

3 MAY 2022

Muslim woman moves Delhi High Court opposing petition to declare Talaq-ul-Sunnat unconstitutional, anti-Shariat.

 Women claim that the practice of the talaq Sunnat is an essential religious practice and therefore entitled to protection under Article 25 (1) of the Constitution. A Muslim woman asked the Delhi High Court to dismiss a petition demanding a finding that; Talaq Ul Sunnat’s practice is unconstitutional.

A pending petition filed by another Muslim woman named Reshma who challenged; the decision to be unconstitutional and anti-Shariah because; Talaq Ul Sunnat is Gives Muslim, made by a 35-year-old woman named Qurrat ul Ain Latif.

Absolute discretion for her husband to divorce her wife without notice. It pointed out that; this principle of any termination of marriage (talaq) is necessary because; the court has ruled that a Muslim marriage is a contract.

“The inability to revoke/terminate a contract if; it is valid is a serious injustice to both parties and violates contract law,” he said. Latif said she had a bad marriage herself, but at the same time benefited from the application of Islamic law, which allows divorce without resorting to formal court proceedings.

The motion that; Reshma’s petition not to empower women, but to deprive men of them, saying, “I  not aware that; the so-called men’s power already tightly controlled and restricted-this is. It’s a national law. ” “Gender is equal and the right to end a relationship established to work differently. Therefore, under Islamic law, the unconditional right of a man is called; Talaq Sunnat / Ahsan, and the unconditional right of his wife. The right is called the right to seek “khula”.

The wife’s right to seek Kula is unconditional, and if; the wife claims her right / Kula, the husband cannot refuse the divorce. Therefore, there is perfect equality in the power of divorce, the only difference is how to manage it. In addition, subject to the contract, the husband may delegate; the right to a direct divorce recognized by the delegation as talaqetafweez or talaq. ”

The motion is also established law that; questions the feasibility of the main motion and that; the remedies sought are within the legislature and there can be no direct or indirect instructions for legislation. Said. The notice issued in January after pointing out that; the central government not submitted a response to the main application, but the court gave; the government a final opportunity to record an affidavit.

The case is currently being heard along with another petition filed by;  Reshma asking if a Muslim man needs to obtain written permission from his wife before entering another marriage. Notice also issued on this petition on Monday.

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