In a landmark judgment, the Jammu and Kashmir High Court has ruled that the power to divorce in Islam is not unqualified and unbridled and it cannot be used arbitrarily at the whim and caprice of the husband.
Quoting from the Holy Qur’ān and the traditions of Prophet Muhammad (peace and blessings of Allah be to him), Justice Hasnain Masoodi said the husband has to fulfil certain conditions to make the Talaaq valid. “It emerges that a husband has not merely pronounced Talaaq to divorce his wife. He has to compulsorily prove that he had a valid reason and genuine cause to pronounce divorce; that Talaaq was pronounced in the presence of two witnesses endued with justice and the Talaaq was pronounced during the Tuhar without indulging in sexual intercourse with the divorcee during the said Tuhar,” Justice Masoodi said.