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Talaq is not a one-way right, even women can exercise this and utter triple talaq: Barelvi Fatwa
In a ground-breaking move, Dargah Ala Hazrat (Bareilly), which represents the Barelvi sect of Islam, ruled that even a Muslim woman can give talaq (divorce) to her husband if she has secured this right by way of a prenuptial agreement.

Barelvi sect ensures millions of Sunni Muslim followers in South Asia. The fatwa also pronounced that men and women are equal in Islam.

"The woman can give talaq to her husband if he is a drunkard or is immoral, unwell or unable to lead a normal married life. For convenience, the woman should secure this right at the time of nikah," says the fatwa issued by Mufti Salim Noori - a senior leader of the dargah, as per a report in The Telegraph.

This ruling by Noori came under a provision called talaq-e-tafweez - a clause that the fatwa suggests, should be added into the marriage contract. However, talaq-e-tafweez that allows a woman to divorce her husband under certain circumstances (like him taking a second wife ), can also be reached post marriage.

"The woman can tell her husband any time in her life that she wants to divorce him for certain reasons. The husband is bound to agree if she wants separation. But the elders of both families are expected to see whether she is of a balanced mind and is not misusing her rights," said the fatwa.

This fatwa was issued in response to a query from England that was sent to the Islamic seminary in Bareilly two years ago. The same question was raised by a Kanpur-based resident as well.

"We decided to respond to this question because an intense debate is going on whether women should enjoy equal rights as men in Islam. Talaq is not a one-way right. Even women can exercise this and utter the triple talaq," he told The Telegraph.

Recently, the 'triple talaq' was challenged by a Muslim woman whose husband divorced her through just a phone call from Dubai. The woman filed a plea in the Supreme Court and challenged the Muslim practice of polygamy. A separate bench was set to examine the issue.

Apart from this, several other petitions were filed in the past challenging the decades old practice of 'triple talaq.'

However, All India Muslim Personal Law Board and Jamiat-e-Ulema guarded 'triple talaq' saying it is a part of Quran-dictated personal law that is beyond the ambit of judicial scrutiny.

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