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Uttering talaq in sleep not valid: clerics
March 27, 2006 19:48 IST
As a Muslim couple in West Bengal faces threat of separation after the husband allegedly uttered 'talaq' three times in sleep, clerics and scholars in Lucknow said it is devoid of "religious sanctity". Uttering talaq three times in sleep does not have any sanction of the Shariat (Islamic laws), they said. "A man is not in his senses while he is asleep and as such if he utters talaq three times while sleeping it will have no religious sanctity," noted cleric and Chief Quazi of Darul Ifta Firangimahal Maulana Khalid Rasheed Firangimahali told PTI.
"There are many people who utter so many things in sleep which do not make any sense," he said adding, talaq has to be given in "full senses in order to have religious sanctity."
A Muslim couple in Jalpaiguri district of West Bengal were ordered by local religious leaders to separate as the husband allegedly uttered 'talaq' three times in his sleep.
Senior member of the All India Muslim Personal Law Board Zafaryab Jilani said "talaq must be intentional".
"For a talaq to be effective it must be intentional... there has to be a motive for giving talaq," Jilani said. Although it was a matter of investigation whether the talaq in question was given with "intention," if it indeed was given while in sleep it has "no value," he said.
Another member of the board Maulana Sajjad Nomani questioned the veracity of the report, saying that as per their information it was not correct.
"It appears to be a case of marital dispute and it needs to investigated," Nomani said.