THE MEANING OF MARRIAGE IN ISLAM- A CONTRACTUAL

OBLIGATION

Nikah

Evolution: In the pre Islamic era, women were treated as chattels and were not given any
right of inheritance. They were treated as mere commodities who were solely dependent on
the male members of the family for their subsistence. Prophet Muhammad is widely regarded
as the harbinger of change who brought about a complete reversal in the position of women
in society as well as their rights and living conditions.

One of the most important features of any established society is the institution of marriage. In
Islam, the word for this sacred union is Nikah’.The original meaning of the term Nikah is the
sexual relationship between a man and a woman established on certain terms. It is also used
secondarily to refer to the contract of marriage which makes that relationship lawful. The
legal contract between a bride and the bridegroom is the most essential part of an Islamic
marriage; it can be referred to as a contract of Islamic marriage.

Essential Conditions of Nikah

Under the Indian Contract Act 1872, where the requirements of a valid contract are laid down
under Section 10. Similarly, the completion of a contract under Islamic Law requires the
fulfillment of certain essential conditions or prerequisites. With the fulfillment of these
conditions, a man and a woman are proclaimed as husband and wife and can live together
and carry on their marital duties.

A brief on the essential conditions of Nikah or the Islamic marriage contract are presented as
below-

(i) Firstly, there should be a proposal made by or on behalf of one of the parties to the
marriage, and an acceptance of the proposal by or on behalf of the other party. A Muslim
marriage requires a proposal or ‘Ijab’ from one party and acceptance or ‘Qubool’ from the
other side. This must be done in one sitting. Drawing a parallel to the Indian Contract Act,
1872, where proposal is defined under Section 2 (a),we observe that the above mentioned
condition is akin to the making of an offer and the communication of the acceptance therein.

(ii) Secondly, the proposal and acceptance must both be expressed in one meeting. The
acceptance must be corresponding to what is being offered and the marriage must be effected
immediately. If the Wali says “I will marry her to you after two months”, there is no
marriage, that is, no contract has been entered into by the two parties.

(iii) Third is the requirement of the payment of Mehar from the groom’s side to the bride.
Mehar has been defined as anything which a wife is entitled to get from her husband by
virtue of entering into the marriage contracted. This condition is akin to the requirement of
lawful consideration to constitute a valid contract as defined under section 2(d) of the Indian
Contract Act, 1872.

(iv) The parties must be competent to contract. The two parties must be legally competent;
i.e. they must be sane and adults. It must be noted that under Islamic Law, adulthood is
equated to sexual maturity of the parties rather than some legal age. The law takes into
account certain biological changes, for instance the onset of menstruation in females and the
change of voice or wet dreams in males, to define the transit from childhood to adulthood.
This can be contrasted to the definition of competence of parties to contract as given under
Section 11 of the Indian Contract Act. As per this section a person is competent to contract
only if he has reached the defined age of majority as per law, that is, the age of 18.

(v) There must be two male or one male & two female witnesses, who must be sane and
adult. It can be observed that this condition implies that the testimony of one male witness is
equivalent to the testimony of two female witnesses.

(vi) Neither a contract in writing nor any religious ceremony apart from the Nikah is needed.

Rights and Duties

Mutual Rights and Obligations:

Marriage is a union for life having mutually inclusive benefits and fulfillment for the
contracting parties.
The aforementioned benefits include the following:-

# Preservation of chastity and security of gaze

# Companionship inside and outside home
# Emotional and sexual gratification
# Procreation and raising of children by mutual consultation
# Agreement to live together in a mutually agreed country and establish their matrimonial
home therein
# Working collectively towards the socio-economic welfare and stability of the family
# Maintaining their individual property rights but contributing to the welfare of the family
according to their capacity
# Maintaining social contacts with family and friends mutually beneficial for the family
# Managing their individual activities/roles inside and outside the home by mutual
consultation

Obligations of the husband:

In addition to the mutual duties and obligations, the husband undertakes not to:
# Abuse his wife/child(ren) verbally, emotionally, physically, or sexually
# Desert/be absent from the marital home for more than 60 days unless by mutual agreement
# Withholding economic contribution towards his wife/family
# Sexually transmitted disease or other transmissible diseases
# Misuse /interference with the wife’s property or Mehar

Obligations of the Wife:

In addition to the mutual duties and obligations the wife undertakes not to:
# Abuse her husband/child(ren) verbally, emotionally, physically, or sexually
# Desert/be absent from the marital home for more than 60 days unless by mutual agreement
# Sexually transmitted disease or other transmissible diseases
# Misuse/interfere with the husband’s property

Composites of Marriage in Islam

Mahar

Mahar is the consideration for the contract of marriage between the parties. It may be in the
form of money and/or goods given by the Bridegroom to the Bride in consideration for the
marriage. It is an essential element of Muslim marriage and is exclusively reserved for the
use of the female partner. Payment of Mahar could be immediate (prompt), or deferred.

Full Amount of Mahr: Record the total value of the agreed Mahr, e.g., £5,000 in cash, or xyz
weight in gold. There are two types of Mahar

a) Muajjal (Immediate/Prompt): This means the total amount of Mahr payable by the
Husband at the time of signing of marriage contract.

b) Muwajjal (Deferred): This means the portion of the Mahr which is payable to the wife at a
specified point in the marriage or at the time of dissolution of the marriage through divorce or
death of the husband. Any deferred Mahar that remains unpaid at the time of dissolution
becomes a debt against the former husband’s assets.

Portion of the Mahar paid at the time of marriage: the amount of money and/or goods
received as Mahr at the time of marriage does not include general gifts to the bride from the
bridegroom and/or his family unless these be expressly included in (a) above as part of the
amount of Mahar.

The concept of mahr and the legal issues associated with it can be understood best with
reference to relevant case laws, some of which are elaborated further.
HASINA BANO v. ALAM NOOR AIR 2007 Raj 49, RLW 2007 (1) Raj 566

FACTS OF THE CASE

The petitioner and non-petitioner were married according to the Muslim rites and customs. At
the time of her marriage, the petitioner was given not only jewellery, but also utensils and
other household goods. Most importantly, at the time of marriage, it was agreed that the non-
petitioner-husband shall pay Rs. 5,000/- and three gold "asharftes" (gold coins) to the
petitioner as the "mehar". A son, Umar Farooq, was born to the couple out of wedlock.
However, subsequently, differences arose between the parties and the petitioner was thrown
out of her matrimonial home. In 1992, the non-petitioner divorced the petitioner. But despite
the said divorce, the non-petitioner neither paid the "mehar", nor returned the dowry amount
and items to the petitioner. Thus, the petitioner filed an application under Section 3 of the
Muslim Women (Protection of Rights on Divorce) Act, 1986 (henceforth to be referred to
as "the Act' for short).
The non-petitioner filed the reply to the said application. He claimed that due to the utter
poverty of the petitioner's family, but for the jewellery, no other dowry item was given by her
family at the time of marriage. According to him the petitioner took the said jewellery when
she left the matrimonial home. Moreover, according to him, on 4-8-1992, the petitioner's
brother, Saleem, her mother and the petitioner came to his house and entered into an
agreement. According to the said agreement, since the petitioner was given the right to keep
the son, Umar Farooq, with her, she was relinquishing her right to the "mehar". Thus,
according to the non-petitioner, the petitioner has relinquished her right to the "mehar", and
she is bound by the said agreement. Hence, now she cannot claim the right to the "mehar".
In order to substantiate her case, the petitioner produced three witnesses. Likewise, in order
to buttress his case, the non-petitioner submitted the copy of the agreement dated 4-8-92.s
After going through the oral and documentary evidence, vide Order dated 6-6-1997, the
learned Magistrate held that since the petitioner had relinquished her right to the "mehar", she
could not claim the said "mehar" from the non-petitioner. However, as the dowry articles
were not returned to her, the non-petitioner was directed to pay the value of those articles to
the petitioner. Lastly, for the period of "iddat", the non-petitioner was directed to pay Rs.
600/- per month to the petitioner.
Since the petitioner was aggrieved by the said order, she filed a revision petition before the
Additional Sessions Judge, No. 1, Bhilwara. However, vide Order 22-6-1998, the learned
Judge held that because of the relinquishment deed entered into by the parties, the petitioner
is not entitled to claim the "mehar". He, therefore, dismissed the revision petition. Hence, this
miscellaneous petition was filed before the Rajasthan High Court.

ARGUMENTS FROM THE SIDE OF THE PETITIONER

1. The relinquishment of the "mehar" has to be unconditional. In case a condition is imposed

while relinquishing the "mehar", then the agreement is void ab initio. However, in the present
case, the "mehar" was relinquished on the condition that the son would continue to remain
with the petitioner.

2. The alleged agreement entered into by the parties was not voluntarily made, but was made
due to the pressure exerted by the non-petitioner and his relatives. The non-petitioner and his
relatives had threatened to take away the child in case the "mehar" were demanded.
Therefore, in order to ensure that the child is safely left with her, the petitioner relinquished
her right over the "mehar".

3. The agreement has been entered into between the non-petitioner and the petitioner's
brother, Saleem. Since the "mehar" can be relinquished only by the wife and not by her
relative, the agreement is void ab initio.

4. Considering that a child has to be maintained, the amount paid for the "Iddat" period is too
little.

In order to substantiate his arguments, the learned Counsel has relied on the case of
Nurannessa Khanum v. Khaje Mahomed Sakroo ILR 47 Calcutta Series 537 : AIR 1920 Cal
463 and upon Danial Latifi and Anr. v. Union of India .

ARGUMENTS PRESENTED IN THE DEFENCE OF THE NON PETITIONER

1. There is no bar in the Muslim Personal Law that the relinquishment of the "mehar" cannot
be conditional. A Muslim marriage is not a sacrament, but a contract between two consenting
parties. Therefore, like a contingent contract, the relinquishment of "mehar" can also be
covered by an agreement entered by the parties. Such an agreement can be conditional.

2. Although the agreement dated 4-8-92 was entered into between the non-petitioner and the
petitioner's brother, but the same was signed by the petitioner and her mother in front of other
members of the community. Hence, there is no evidence that the said agreement was made
under duress.

3. The petitioner's mother, Majidan, has admitted in her testimony that there was an
agreement between the non-petitioner and her family, although she denied the existence of
such an agreement later on in the testimony. According to the counsel, the petitioner has
totally denied the existence of the said agreement. But, she is not a trustworthy witness as her
mother had admitted the existence of the said agreement.

4. In case the agreement was entered into under duress, the petitioner could have stated so in
her testimony. But, her denial and her silence over the said compulsion belies the argument of
her counsel that she had signed the agreement under pressure.

5. The petitioner is desperately trying to wriggle out of the agreement dated 4-8-92, but she
cannot be permitted to do so.
THE JUDGEMENT -

In the final judgement pronounced by Justice R. Chauhan, the following observations were
made-

Since in Islam, marriage is a civil contract, it stands terminated on death of one of the parties
or on divorce between the parties. One of the essential features of a valid marriage is the
payment of "mehar" (dower). The Arabian Jurists have sometimes drawn an analogy between
a contract for dower and one for sale, where the wife is considered the property and the
dower is considered the price to be paid. Although it is an obligation upon the husband, but
the wife is well within her rights to relinquish the said dower. For, the dower is an unsecured
debt which is recoverable by the wife or her heirs from the husband or in the event of his
death, from his assets. Since it is a debt, she is free to relinquish the same. Such a
relinquishment can be made conditionally.
Since the concept of contract is the basis of marriage, the principles of a valid contract were
held to be applicable to the relinquishment. Thus, the relinquishment should be made
voluntarily. It should not be induced by duress, fraud, misrepresentation, undue influence or
mistake. It should be made with free consent. Section 14 of the Indian Contract Act, 1872
(henceforth to be referred to as 'the Contract Act', for short) defines the term "free consent" as
consent is said to be free when it is not caused by coercion, undue influence, fraud,
misrepresentation or mistake. "Consent is said to be caused when it would not have been
given but for the existence of such coercion, undue influence, fraud, misrepresentation or
mistake." In case the consent is free and other elements of a valid contract are satisfied, the
contract is binding on the parties.
Here is no bar in the Mohammedan Law which forbids a conditional relinquishment of
dower. Such a prohibition cannot be read into the law. Thus, the contention of the learned
Counsel for the petitioner that the relinquishment has to be an unconditional was found to be
one without merit.
Moreover, in the present case, there is no tragic circumstance, no sudden death, no
emotionally stressful situation, under which the petitioner may have been forced to waive her
rights, as was observed in Nurannessa Khanum AIR 1920 Cal 463 .Relinquishment was made
by her voluntarily and of her own free will and without pressure of any kind.

Even in her testimony the petitioner has not said a word about the non-voluntariness of the
agreement. On the contrary, she denies the very existence of the agreement. But, she cannot
be believed on this point. For, her mother, Majeedan, in her cross-examination initially
admitted that an agreement was entered between Alam Noor and her family.
Once she has relinquished her right to receive the "mehar" under a valid agreement, she is
prevented from claiming the same.

Hence , the aforementioned petition was dismissed and it was held that no orders would be
issued so as to cost.
POINT TO BE NOTED-
In the previous judgement, Justice Chauhan has laid emphasis on the role of the petitioner’s
mother as a witness. For better comprehension, a brief account on the eligibility and status of
witnesses under Islamic Law is discussed as under-

Witnesses-
According to Islamic law, a witness should be sane, adult and reliable. This requirement is
gender/faith neutral. Hence, the Muslim Marriage Certificate requires to be witnessed by ‘two
adult witnesses of good character’.

# Two men can be the witness

# One man and two women can be the witness
# Only women can not be the witness
# Insane persons and minors can not be a witness

Under Islamic Law, divorce is regarded by Allah as the most ‘hated thing’. However,
breakdown in marriage does take place for a variety of reasons. If the divorce is initiated by
husband he has to pay the woman any Mahr that remains unpaid. If the divorce is initiated by
the wife,and the husband is found to be at fault by the arbiters she does not lose .her Mahr.
But if she cannot prove his fault, she has to return to her husband whatever Mahr amount she
has already received. If the wife initiates the divorce without any grounds, this is called
‘khula’ and she must return whatever the husband has given her in consideration for the
marriage.

Legal Disability to marriages

It means the existence of certain circumstances under which marriage is not permitted.
There is absolute prohibition of marriage in case of relationship of consanguinity. In this case
the situation is such that the relationship has grown up of the person through his/her father or
mother on the ascending side, or through his or her own on the descending side. Marriage
among the persons associated by affinity, such as through the wife it is not permitted.
Marriage with foster mother and other related through such foster mother is also not
permitted.

Consanguinity (qurabat) -it means blood relationships and bars a man from marrying-
Mother or grandmother, Sister, aunt, niece etc.
Affinity (mushaarat) -a man is prohibited from marrying-
mother-in-law, step-grandmother, danghter-in-law, step-granddaughter, etc.
Fosterage (riza)- when a child under the age of two years has been suckled by a woman other
than his or her mother,the woman becomes his foster mother,a man may not marry his foster
mother or her daughter or foster sister.
A man cannot marry his foster mother, or foster sister, unless the foster brother and sister
were nursed by the same mother at intervals widely separated. But a man may marry the
mother of his foster sister, or the foster mother of his sister.

Exceptions-
# Sister’s foster mother
# Foster-sister’s mother
# Foster-son’s sister
# Foster-brother’s sister

WHAT IS TALAQ ?

Talaq refers to the Islamic term for divorce. To effect talaq, all a Muslim husband need do is
to unequivocally state his action of divorcing his wife such as “you are divorced” or “I
divorce you”. The husband must then abstain from sexual intimacy with his wife for the
applicable period of “idda”, after which the divorce is final as a matter of right - no court
order need follow or is otherwise required.
Some varieties of Muslim law add the additional requirement that it be uttered in Arabic and
in the presence of two male Muslim witnesses. In accordance with traditional Muslim law, a
talaq can be pronounced using an agent or can be done in writing.

In Ahmed Kasim Molla v Khatun Bibi 1932 ILR 59 Cal. 833, the husband sent the talaq by
registered mail to his wife. The package was returned to him by the postal authorities with the
cryptic anonymous note: REFUSED. Still, the Indian court held the talaq to be valid.

Types of talaq:-

From the point of view of the mode of pronouncement and effect, there are two kinds of
Talaq:

1. Talaq-ul-Sunnat or revocable Talaq, and

2. Talaq-ul-Bidaat or irrevocable Talaq.

I. Talaq-ul-Sunnat (Revocable Talaq):

Talaq-ul-Sunnat is regarded to be the approved form of Talaq. It is called as Talaq- ul-Sunnat

because it is based on the Prophet’s tradition (Sunna). If a divorce was to take place, the best
formula was one in which there was a possibility of revoking the effects of it. With this idea
in mind, the Prophet recommended only revocable Talaq, because in this form, the evil
consequences of Talaq do not become final at once. There is a possibility of compromise and
reconciliation between husband and wife.

Talaq-ul-Sunnat is also called as Talaq-ul-raje. This mode of Talaq is recognised both by

Sunnis as well as by the Shias. Talaq-ul-Sunnat may be pronounced either in Ahsan or in the
Hasan form.

(i) Talaq Ahsan (Most Proper):

This is the most proper form of repudiation of marriage. The reason is twofold: First, there is
possibility of revoking the pronouncement before expiry of the Iddat period. Secondly, the
evil words of Talaq are to be uttered only once. Being an evil, it is preferred that these words
are not repeated.

In the Ahsan Talaq there is a single declaration during the period of purity followed by no
revocation by husband for three successive period of purity. In this form, the following
formalities are required:

(a) The husband has to make a single pronouncement of Talaq during the Tuhr of the wife.
Tuhr is the period of wife’s parity i.e. a period between two menstruations. As such, the
period of Tuhr is the period during which cohabitation is possible. But if a woman is not
subjected to menstruation, either because of old age or due to pregnancy, a Talaq against her
may be pronounced any time.

(b) After this single pronouncement, the wife is to observe an Iddat of three monthly courses.
If she is pregnant at the time of pronouncement the Iddat is, till the delivery of the child.
During the period of Iddat there should be no revocation of Talaq by the husband.

Revocation may be express or implied. Cohabitation with the wife is an implied revocation of
Talaq. If the cohabitation takes place even once during this period, the Talaq is revoked and it
is presumed that the husband has reconciled with the wife.

When the period of Iddat expires and the husband does not revoke the Talaq either expressly
or through consummation, the Talaq becomes Irrevocable and final.

It may be noted that the characteristic feature of the Ahsan form of Talaq is a single
pronouncement followed by no revocation during the period of three month’s Iddat.
Therefore, where a husband makes any declaration in anger, but realising his mistake
afterwards, wants to cancel it, there is sufficient time for him to do so. Single pronouncement
of the civil words of Talaq and sufficient opportunity to the spouses for reconciliation, are the
two reasons for calling this form as the ‘most proper’ form of Talaq.

(ii) Talaq Hasan (Proper):

This Talaq is also regarded to be the proper and approved form of Talaq. In this form too,
there is a provision for revocation. But it is not the best mode because evil words of Talaq are
to be pronounced three times in the successive Tuhrs. The formalities required under this
form are as under:

(a) The husband has to make a single declaration of Talaq in a period of ‘Tuhr.

(b) In the next Tuhr, there is another single pronouncement for the second time.

It is significant to note that the first and second pronouncements may be revoked by the
husband. If he does so, either expressly or by resuming conjugal relations, the words of Talaq
become ineffective as if no Talaq was made at all.
(c) But, if no revocation is made after the first or second declaration then lastly the husband is
to make the third pronouncement in the third period of purity (Tuhr). As soon as this third
declaration is made, the Talaq becomes irrevocable and the marriage dissolves and the wife
has to observe the required Iddat.

It may be noted that the important feature of Talaq Hasan is its revocability before the third
pronouncement and its irrevocability after the third. In order to make an effective Talaq, the
words must be uttered three times in three consecutive period of purity.

In Ghulam Mohyuddin v. Khizer, a husband wrote a Talaqnama in which he said that he had
pronounced his first Talaq on 15th September and the third Talaq would be completed on
15th November. He had communicated this to his wife on 15th September.

The Lahore High Court held that this was a Talaq Hasan. The Court observed that the
Talaqnama was merely a record of the first pronouncement and the Talaq was revocable. The
Court further observed that for an effective and final Talaq, the three pronouncements must
actually be made in three Tuhrs-, only a mention of the third declaration is not sufficient.

II. Talaq-ul-Bidat (Irrevocable):

This Talaq is also known as Talaq-ul-Bain. It is a disapproved mode of divorce. A peculiar

feature of this Talaq is that it becomes effective as soon as the words are pronounced and
there is no possibility of reconciliation between the parties.

The Talaq-ul-Bidat has its origin in the second century of the Islamic-era. According to
Ameer Ali, this mode of Talaq was introduced by the Omayad Kings because they found the
checks in the Prophet’s formula of Talaq inconvenient to them. Since then this mode of Talaq
has been in practice among the Sunni Muslims.

Shia Law:

Under the Shia Law, an irrevocable Talaq is not recognised.

We have already seen that in a Bidat form there is no opportunity for the revocation of Talaq.
A Bidat Talaq becomes final as soon as the words have been uttered and the marriage is
completely dissolved. A Sunni husband, who wants to divorce his wife irrevocably, may do
so in any of the following manners:
(a) The husband may make three pronouncements in a period of purity (Tuhr) saying: “I
divorce thee, I divorce thee, and I divorce thee”. He may declare his triple Talaq even in one
sentence saying: “I divorce thee thrice”, or “I pronounce my first, second and third Talaq.”

(b) The husband may make only one declaration in a period of purity expressing his intention
to divorce the wife irrevocably saying: “I divorce thee irrevocably” or “I divorce thee in
Bain”.

In recent times the Supreme court of india has taken up the issue of the constitutional
validity of triple talaq as mentioned under Talaq-e-Bidat mode of divorce. The matter
has generated immense controversy which has spread to the political sphere with the
involvement of the All India Muslim Personal Law Board in the said matter. A proper
comprehension of the same can be achieved by means of drawing an analogy to a case
on similar lines which was decided a decade and a half back. It will also demonstrate
how the situation at present has changed since then.

A.S. PARVEEN AKHTAR v. UOI 2002

FACTS OF THE CASE AND ARGUMENTS AS PRESENTED BY COUNSEL TO

THE PETITIONER

The petitioner was a Muslim woman who was aged 27 years at the time of her marriage, on
06.02.1990 toMr.Mohamed Yousuf
(second respondent) and who on 01.05.1991 was intimated through her father that the second
respondent had pronounced talaq in the presence of two witnesses in a single sitting in Talaq-
ul-biddat or Talaq-i-badai form. She has stated that after her marriage to the second
respondent according to the Sunni Mohammadan rites and customs and after she commenced
her marital life with the second respondent, she was ill-treated in various ways and forced to
undergo abortion against her wishes. She has also stated that her parents had been compelled
to give dowry before the marriage and that even after that the second respondent threatened
to divorce her if she did not persuade her parents to give him a scooter as an additional
dowry. She has stated that she was sent out of marital home on 04.03.1991, and that she was
forced to stay in a local ladies hostel. She has stated that the second respondent had told her
that he would permit her to live with him only if additional dowry is given to him by her
parents.

She further averred that after the receipt of the notice sent by the second respondent to her
father in which it was stated that he had effected divorce in Talaq-ul-biddat form, attempts
were made to persuade the second respondent to take back the petitioner, but he declined to
do so on the ground that the irrevocable talaq had already taken place. She averred that
Talaq-ul-biddat is not a mode recognised in the Quran, and that the Holy Book provides for
reconsideration and reconciliation before recognising divorce as irrevocable. The petitioner
referred to Chapter IV verse 35 of Quran which says, "Any if you fear a breach between the
two, appoint an arbiter from his people and an arbiter from her people. If they desire
agreement, God will effect harmony between them." She also stated that due to lack of
knowledge and understanding of the permissible forms of talaq and of the need for
reconciliation and reconsideration before it could be regarded as irrevocable, this form of
talaq has been widely used resulting in untold misery and harm to the divorced wife and the
children of the marriage.
Her further case was that the Muslim Personal Law (Shariat) Application Act, 1937, by
providing for the application of Muslim Personal Law in matters relating to marriage where
the parties are Muslims, conveyed a wrong impression that the law sanctions this sinful form
of talaq which form, according to the petitioner is grossly injurious to the human rights of the
married Muslim women and offends Articles 14, 15 and 21 of the Constitution. She
submitted that the assumptions and beliefs upon which such a form of divorce is recognised
are factually false, scientifically untenable and contrary to the spirit and provisions of the
Constitution. She also stated that this form of divorce has been declared to be a spiritual
offence in the Quran and giving recognition to that form interferes with the Muslim women's
right to profess and practice her religion, inasmuch as it unleashes a spiritual offence on her
and is thus, violative of Article 25 of the Constitution.

JUDGEMENT IN VIEW OF THE ARGUMENTS PRESENTED BY THE DEFENCE

COUNSEL -

The learned Judge quoted with approval the observations of Baharul Islam, that, "In my view
the correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable
cause and be preceded by attempts at reconciliation by two relations, one each of the parties,
is an essential condition precedent to talaq. It is fallacy that a Muslim male enjoys, under the
Quranic law, unbridled authority to liquidate the marriage. The Holy Quran expressly forbids
a man to seek pretext for divorcing his wife, so long as she remains faithful and obedient to
him."