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Syed Shahabuddin on talaq (Letter to Editor)

Syed Shahabuddin on talaq (Letter to Editor)

Author: Syed Shahabuddin, New Delhi
Publication: The Hindu
Date: June 21, 2000

Sir, - The Panigrahi judgment has taken us back to the position that existed at the time of Chandarchud's judgment in the Shah Bano case.

The fact is that the very purpose, rightly or wrongly, of the Muslim Women (Protection of Rights on Divorce) Act was to nullify the Chandrachud judgment which was not only based on a fallacious interpretation of the Quran but was legally flawed, because it ignored the 1971 amendments to the Cr. P.C. which had introduced Section 127(3)(c) and had, in effect, exempted the Muslim community from the operation of Section 125.

It is one thing to provide that apart from the maintenance for the period of iddat, a Muslim divorcee should be made a suitable provision which would enable her to reestablish herself and it is totally different to redefine the iddat period, against the express provision of the Shariat and the tradition of the last 14 centuries.

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