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The edict from Deoband comes when the arguments in the Supreme Court are about to end.

By Abu Turab

At a time when the Supreme Court is hearing petitions against triple talaq, the Darul Uloom Deoband, a seminary of Sunni Muslims, has issued a fatwa, which could pave the way for resolving the religio-political issue. The fatwa says misuse of triple talaq could be curbed if conditions against the use of undesired custom were included in the Nikahnama (marriage contract).

According to Urdu daily Inquilab, former Madhya Pradesh High Court Justice Suhel Ejaz Siddiqui, who has been concerned at the ongoing dispute, said the fatwa issued on March 30, 2017, can be helpful in preparing a model Nikahnama, which may be accepted by the Supreme Court. He said Maulana Arshad Madani, president of Jamiat Ulema-e-Hind has played an instrumental role in getting the fatwa issued. It clearly says conditions put by both parties in Nikahnama would be an acceptable solution.

In the new Nikahnama conditions of denying right of triple talaq to the husband and if somebody exercises the triple talaq in a single sitting, he will be bound to pay 10 times of mehr amount fixed at the time of the Nikah.

Justice Ejaz Siddiqui said the Nikahnama is a civil contract and cannot be without conditions. If tough conditions were included in the contract, the misuse of triple talaq can be minimised.

Reacting to the fatwa issued by Darul Uloom Deoband, Dr. Mufti Mukarram Ahmed, imam of the historic Masjid Fatehpuri in Delhi, said multiplying mehr amount by 10 times would be a  fine.  However, he said the Supreme Court, at the end of the ongoing hearing on petitions against triple talaq, may fix a three-month jail term for anybody giving triple talaq to his wife.

He was of the opinion that a man should spend three months in jail while the wife will go through a duration of four months and ten days iddat (roughly three menstrual cycles).

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