Hyderabad: Qazis cannot grant divorces

Hyderabad: Qazis have been in the news for all the wrong reasons of late, especially with regard to recent controversies over “triple talaq” cases reported in the city.

Muslim intelligentsia say that the Qazi Act, 1880, does not empower qazis to grant divorces. They point out that the Act states that a qazi can solemnise the marriage of Mohammedans (Muslims), it doesn’t speak about granting divorces or settling matrimonial disputes.

S.M. Abdul Qadeer, an eminent writer, says that some qazis take an exorbitant fee and facilitate the talaq. “They do so by harassing the couples. They also force women to take khula (divorce initiated by a woman) on the husband’s instructions, since this would help them avoid paying maintenance. 

“In India, the role of a qazi is merely to solemnise marriages and maintaining a record,” Mr Abdul Qadeer says.

There have been several instances of qazis cheating minor girls by taking their signatures on divorce papers at the time of marriage itself, according to senior police officers.

“Whenever we come across such illegal activities, we have acted firmly and arrested them. No one has the right to misuse their authority,” said DCP (south zone) V. Satyanarayana.

He said that the police has alerted the minorities’ welfare department about the problems.

Meanwhile, the minorities welfare department has drafted amendments to the Qazis Act, 1880.

Hopefully, these amendments will bring the much-needed clarity on the functioning of the qazis, officials feel.

These amendments are being framed after consultations with religious scholars, eminent lawyers, women scholars and prominent social activists in the community. The government aims to end contract marriages and ensure divorces are granted in accordance with the Shariah. It will also ask the qazis to insist on proper upkeep of marriage records.

Syed Omer Jaleel, special secretary, minorities welfare department, said that the amendments, if implemented, could help end discrepancies in the existing system.

“The rules have been drafted after consultation with various stakeholders. The rules are being examined and will be introduced soon,” Mr Omer Jaleel said.