Bar leaders, JAH denounce HC judgment on Talaaq

Speakers at JAH seminar want enforcement of Shariat laws through society

Ahmed Ali Fayyaz

Srinagar, Nov 4: A day-long conference, organized by Jamiat Ahl-e-Hadith (JAH), to deliberate upon a Jammu & Kashmir High Court judgment on a husband’s competence to pronounce Talaaq, today concluded with the resolution that non-religious judiciary should not adjudicate on religious matters of the Muslims.

After discussing the judgment, delivered by Mr Justice Hasnain Masoodi last week in a divorcee Bilquees Naseem’s writ petition against her husband, a congregations of Valley’s clerics and jurists maintained that the courts of non-religious set up had no authority to issue verdict on the “purely religious matters like Talaaq’. It, however, decided to constitute a panel of experts to thoroughly study the judgment in the light of Quran and Hadith before being categorically judgmental over the burning issue.

Sources said that the seminar titled “Is intervention tolerable against the teachings of Qur’an and Ahadees?” was attended by a number of clergymen, legal experts, jurists and academicians. Prominent religious and political leaders like Mirwaiz Umar Farooq and Syed Ali Shah Geelani were absent but one of the former’s representatives participated in the conclave.

In his keynote address, former High Court Bar Association president Mian Abdul Qayoom suggested establishment of a joint board for taking such decisions and to observe them. He said that local committees should be established to enforce religious decisions through social influence. Quite a number of other participants agreed with Mr Qayoom’s suggestion.

The conference decided to establish a team comprising Ullemas, Muftis, judges, and law experts to examine the recent judgment about divorce in the light of Qur’an and Ahadees and to report accordingly.

HCBA President Advocate Zaffar Qureshi said that he couldn’t have made his opinion on the judgment. He described it as “contrary to the teachings of Qur’an”. He said that the Supreme Court had never given its verdict on such crucial religious matters but the state High Court had “unfortunately” ventured into a domain not within its jurisdiction and competence. Reports said that the participants resolved to put up sustained efforts to get this practice stopped.

JAH political head, Ghulam Qadir Lone, said that Muslims needed to be united on the ground and Ullema’s should teach the people about the teachings of Islam. He said that this is time to act in practice and to establish the joint board is indeed a good step.

JAH Secretary General, Abdur Rehman Bhat, said that all decisions involving personal life of Muslims should be based on the Islam. “Court has no authority to decide these cases contrary to the provisions of Qur’an and Ahadees”, said Bhat. “If it happens, consequences are bound to appear”, Bhat added.


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