Hyderabad: The divorce given by Md Abdul Akhil to his wife via a display image on WhatsApp is not valid, said Islamic scholars. Highlighting the misuse of talaq by some Muslim youths, the scholars say that the term had become one of the most dreaded terms for any woman.
“The fact is that a Muslim man cannot give talaq (divorce) through WhatsApp or SMS or emails. Chances are that a man’s mobile phone may be used by his friends, brothers, cousins or acquaintances and his emails could also be accessed by them, such kinds of messages can be sent to create a rift between the couple. In these cases, talaq won’t be valid; even though a man himself decides to give talaq, he has to carefully chose the mode of communication,” said Maulana Afzal Barkati, head, Madarsa-e-Barkatiya.
“The way people perceive talaq is totally wrong. Even after one talaq, a marriage is broken, but the couple is given 40 days to stay together and sort out their differences. If they reconcile, the talaq is nullified. This is also applicable to the second talaq. The third talaq is final and irrevocable,” said Maulana Hassaan Farooqui.
“The role of some unscrupulous qazis is suspect when some people, especially youths ignorant in Islamic law, misuse talaq. Some qazis take money to perform nikah and finalise talaq, and they do it only for the money. Breaking up a marriage is forbidden; it is against the shariat,” said Maulana Farooqui.
Maulana Barkati said, “Talaq is the least preferred option given to a couple. It should be used as a last resort, after all avenues to work out a reconciliation fail. It is not a right that a Muslim can exercise at his or her whim. Islam gives equal rights to both men and women and there are separate chapters in the Quran related to talaq. Surah Nisa and Surah Baqrah clearly mention the importance of marriage and in what conditions talaq should be given is also very clearly defined.”
Maulana Barkati said that overall its lack of proper knowledge of Islam that is creating problems for the community.
