In The Name of Allah the most beneficent and the most merciful

Regd. No.3133/96
SADA-E-HAQ
Sharaee Council
for conjugal Disputes
8-1-523/130, Brindavan Colony Tolichowki, Hyderabad-8 Email: s adaehaq_hyd@yahoo.com Ph: 040-69991359 , 9885420259
Quranic Guidelines for conjugal Disputes FOR ANY LEGAL DISPUTE JURISDICTION WILL BE HYDERABAD WITH IN 30 DAYS

And if you disagree over anything, refer it to All the praises be to Allah and peace be upon whom chosen by the Allah
Allah and the Messenger, if you should believe in Stamp
Allah and the Last Day. That is the best [way] CASE JUDGMENT: SADA-E-HAQ Sharaee Council
and best in result.(surah Nisa 59) for conjugal Disputes 402,Fatima Plaza,
Have you not seen those who claim to have Paramount colony, Tolichoki.
believed in what was revealed to you, [O
Muhammad], and what was revealed before
you? They wish to refer legislation to Taghut, Judgment case
while they were commanded to reject it; and
Satan wishes to lead them far astray(surah Nisa
Name: Ms. Zareen Ishrat Bint Muhammad
60)
And when it is said to them, "Come to what Allah Basith Ali Age 26 years …..(Prosecutor)
has revealed and to the Messenger," you see the
Between Address: 8-1-332 / 3/8/53 Arvind Nagar, Toli
hypocrites turning away from you in
aversion(surah Nisa 61)
Chowki, Hyderabad. 8
But no, by your Lord, they will not [truly] believe Name : Mohammad Subhan S/o
until they make you, [O Muhammad], judge Mohammad Saleem, (Defendant)
concerning that over which they dispute among
themselves and then find within themselves no Address : SS tower ground Floor near Crystal
discomfort from what you have judged and Garden Function Hall LB Nagar. Warangal
submit in [full, willing] submission(surah Nisa 65)

N.502
In the Presence ofyusuf tekri,
Islamic Tolichoki,Hyderabad_8
scholars
Religious Advisors:
Dr. Shahid Ali Abbas 1) Maulana Mohammed Aamir Khan Qasimi ,
Prof. Islamic Studies of O.U. (Retd) 2) Maulana Abdul Salaam Omeri ,
Moulana Mohd. Amir Khan Qasimi
Motameem Kulyatul Quraan Wasunna & 3) Maulana Mohammed Kaleemuddin Qasmi
Khateeb Masjed-e-suffa.
Dr. Syed Rashid Naseem Nadvi Case Report:
Prof. Arabic CIEFL With the Name Zareen-Ishrath (Prosecutor)referred to the Shari'a
Imam O Khatib, Masjid-e-Baraq Jung Council on September 18, 2017 with the Complaint that, Her
Moulana Mohd. Kaleemuddin Qasimi marriage with Mohammed Subhan (defendant) was happened on
Imam O Khatib, Masjid-e-Fatima
one lakh rupee "Mehar Muajjal" on 25 September 2016.
Administrative Advisors:
Mohd. Shafiquzzama, IAS (Retd.)
Addl. Chelf Secretary to Govt. of A.P
Prosecutor said in her complaint that before the marriage the in-
Dr. Hasnuddin Ahmed, IAS (Retd.) laws demanded for one million rupees, it should be given to them so
Legal Advisors: that Bridegroom can be sent abroad. The People from bride's family
Mohd. Irshad Haneef realizing that the bridegroom has done MBA from London, and will
Advocate-supreme court of India. live happily in future's life. By considering this they have given 8 lakh
Mohd. Wajid Ali Kamil rupees through cheque and 2 lakh rupees cash in hand, after the
Mohd. Sarwar Ahmed marriage, within one week demanding of 2 lakh rupees put forth by
Mohd. Maqsood Ali In-Laws for furniture. The demand was fulfilled by paying ninety
Sr. Advocate s, High court, A.P. thousand rupees, then a few days later the washing machine and
the TV
Founder & Secretary:
Mohd. Moinuddin

1
were demanded, although it was fulfilled but the disputes were occurred in the relationships, and they grew
up to the abusive and beating up. Prosecutor further stated that she was pregnant and lost her peace of mind.
On September 11, 2017 she came to her parent's house for delivery, now she does not want to remain in this
relationship.

On the complaint of the prosecutor, the Council sent a letter to the defendant on September 20, 2017 to come
and have the discussion regarding the complaint.

The defendant came to the office on October 3, 2017 and said that the prosecutor is telling a lie. He was told
to come to the seminar session of the scholars which is going to be held on October 5, 2017, in which your
wife will also be called. But on October 4, it came to know that the prosecutor was unable to come to the
seminary session due to bad health and could be able to appear only after the delivery. The defendant was
also informed by the registry letter on 13-11-2017.

The prosecutor's father informed to the council by writing a letter on 11 February 2018 reported that delivery
has done and the same information (of the delivery) also given to the husband on December 12, 2017, but
neither husband nor his family came for looking the baby girl. Thus the Council, sent the registry letter to the
defendant on February 12, which he should attend the meeting which is going to be held on February 24,
2018, and his wife will also attend.

This letter returned with the notice that they are not on this address. Thus, seminary meeting on 24th
February, 2018, the prosecutor along with her guardian father and mother came to attend the meeting and
when it has known that the defendant has gone abroad (Saudi Arabia). The scholars heard the events from the
prosecutor and guardians.
Result
It is clear from the above mentioned scenario that a well-educated girl (MSc. Bed) got trap in the conspiracy of
the greedy people, who did not have any kind of morality. When the husband is informed that his wife is in the
delivery phase and the information about delivery was reported in December, yet neither he nor his family felt
any moral responsibility about the situation. In these circumstances, the husband's overseas left out shows
that husband and his family also are very irresponsible people, and by hiding their wrong deeds, hesitation
from responding to the complaining of the wife in front of the scholars. And they want to put the wife in
hanging state.

Decision In the light of the Upper Scenario and Result, it became apparent that the Prosecutor got stuck in the
fringe of greedy husband and Hesitation while giving the answers to the scholars on wife's complaints, and
hanging off the matter. So today, on 24 February 2018, by the provisions of 335 and 337 collective Islamic laws,
Petitioned by the All-India Muslim Personal Law Board, the Dissolution of marriage has done between them.
Now there will be no mutual relationship remained between them. After completing the period of (Iddath)
prosecutor is entitled to her own self.

1. According to the Sharia law the baby girl which is now just two months of age, will remain with of the
mother till the time of puberty, but the father will be responsible for the taking care of their. The specific
amount according to the status of the father must be submitted to the child's account for taking care
of the baby girl. Then only the father will have the right to meet the child.

2
 2 The one million rupees which have been taken from the prosecutor's family before marriage with the
reason of going abroad should be returned ethically and lawfully, otherwise the family of the girl have the
right to refer to the court for recovery.

The basis for this decision is the Quran and Sunnah:

Rules for marriage in Islam have been established, are to observe that the men and women should live
together in peace, love and solidarity. To Take care of each other's rights and have a generosity in the mutual
relationship. And if they cannot do so, then the separation is better than their unity, because after the departure
of the essence of modernity and mercy, the marital life becomes a punishment. Therefore, the Holy Quran says.

َّ ‫﴾ َوإِ ْن يَتَفَ َّرقَايُ ْغ ِن‬129﴿ ‫ورا َر ِحي ًما‬

‫ّللاُ ك ًُّل ِم ْن‬ ً ُ ‫غف‬ َّ َّ‫ص ِل ُحوا َوتَتَّقُوا فَ ِإن‬
َ َ‫ّللاَ كَان‬ ْ ُ ‫َوإِن ت‬
.‫﴾سورة النساء‬130﴿‫سعًا َح ِكي ًما‬ َّ َ‫سعَتِ ِه َوكَان‬
ِ ‫ّللاُ َوا‬ َ
And if you amend [your affairs] and fear Allah - then indeed, Allah is ever Forgiving and Merciful.(surah Alnisa
129)But if they separate [by divorce], Allah will enrich each [of them] from His abundance. And ever is Allah
Encompassing and Wise.(surah Alnisa 130)

َ ‫ارا ِلت َ ْعتَدُوا َو َم ْن يَ ْفعَ ْل ذَ ِلكَ فَقَ ْد َظلَ َم نَ ْف‬

ُ ‫سه‬ ً ‫سكُوهُنَّ ِض َر‬ ِ ‫س ِر ُحوهُنَّ بِ َم ْع ُروفٍ َو ََل ت ُ ْم‬ َ ‫سكُوهُنَّ بِ َم ْع ُروفٍ أ َ ْو‬ ِ ‫فأ َ ْم‬
ُ ‫ب َوا ْل ِح ْك َم ِة يَ ِع‬
‫ظ ُك ْم بِ ِه َواتَّقُوا‬ َ ‫علَ ْي ُك ْم َو َما أ َ ْن َز َل‬
ِ ‫علَ ْي ُك ْم ِمنَ ا ْل ِكتَا‬ َّ َ‫ّللاِ ُه ُز ًوا َوا ْذك ُُروا نِ ْع َمت‬
َ ِ‫ّللا‬ َّ ‫ت‬ ِ ‫َو ََل تَت َّ ِخذُوا آيَا‬
.‫﴾سورة البقرة‬231﴿‫ع ِليم‬ َ ٍ‫ّللاَ بِك ُِل ش َْيء‬َّ َّ‫ّللاَ َوا ْعلَ ُموا أَن‬
َّ
Either retain them according to acceptable terms or release them according to acceptable terms, and do not
keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself.
And do not take the verses of Allah in jest. And remember the favor of Allah upon you and what has been
revealed to you of the Book and wisdom by which He instructs you. And fear Allah and know that Allah is knowing
of all things (Surah- Al-Baqarah. 231)

َ ِ‫يَا أَيُّ َها الَّ ِذينَ آ َمنُوا ََل يَ ِحلُّلَ ُك ْم أ َ ْن ت َ ِرثُوا الن‬
‫﴾ سورة النساء‬19﴿ ‫سا َء ك َْر ًها‬
O you who have believed, it is not lawful for you to inherit women by compulsion.(sura Al nisa 19)
Quran said if both of them can not follow the shariah they should follow one of these things:
divorce(talaq),mubarat , khula, Differences (tafreeq) and end of the marriage(tanseekh e nikah)The right to
divorce has given for men with short terms, if both differenced instead fidya that's called Mubarat, if Wife wants
to get khula But the husband disagreed So the wife has the option to go to the qazi, Qazi will order to the
husband towards the acceptance of fidya, otherwise qazi will cancel marriage relationship on her demand of
discrimination marriage.

The Nikah as status of contract in Islamic Sharia (that's agreed by both)Both have the option to Separate into a
very unexpected position Men have a choice of divorce with a few conditions, The woman has a choice of the
khula with a few conditions, However, for the khula God has set the requirements of the fidya ' See:

َ َّ‫ان َو ََل يَ ِح ُّل لَ ُك ْم أ َ ْن تَأ ْ ُخذُوا ِم َّما آت َ ْيت ُ ُموهُن‬

‫ش ْيئ ًا إِ ََّل أ َ ْن‬ ٍ ‫س‬
َ ْ‫س ِريح ِب ِإح‬ ْ َ ‫ساك ِب َم ْع ُروفٍ أ َ ْو ت‬ َ ‫ان فَ ِإ ْم‬
ِ َ ‫ق َم َّرت‬ َّ ‫ال‬
ُ ‫ط َّل‬
َ ْ
َّ ‫علَي ِْه َما فِي َما افتَدَتْ بِ ِه تِ ْلكَ ُحدُو ُد‬
‫ّللاِ ف َّل‬ َ ‫ّللاِ ف َّل ُجنَا َح‬ َ َ َ
َّ ‫ّللاِ ف ِإ ْن ِخ ْفت ُ ْم أ ََّل يُ ِقي َما ُحدُو َد‬ َ َ
َّ ‫يَ َخافا أ ََّل يُ ِقي َما ُحدُو َد‬
‫﴾ سورة النساء‬229﴿ َ‫ظا ِل ُمون‬ ُ
َّ ‫ّللاِ فأولَئِكَ ُه ُم ال‬َ َّ ‫ت َ ْعتَدُو َها َو َم ْن يَتَعَ َّد ُحدُو َد‬

3
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is
not lawful for you to take anything of what you have given them unless both fear that they will not be able to
keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is
no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do
not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers.(sura Al
nisa229)
16 reasons have been told in section no 322 in collection of Islamic rules was set up by (AMPLB) ALL INDIA
MUSLIM PERSONAL LAW BOARD, the wife has got the right of discrimination if did not pay legal rights under
section 327 And under Section 335 for a hard-hitting her, It is necessary to know here Some events were
presented in the period of prophet(peace be upon him) and Khilafat e Rasheedaa, should also be mentioned, to
that the matter came clearly, There are several events related to the period of prophet(peace be upon him)and
Khulafah e Rasheeda There are three events presented in the covenant(The mention of these events in lot of
interpretation (tafaseer) with a bit of verbal differences)
The event of Jamila binte salol wife of sabit bin qais: She did not like the face of sabit she complained in the front
of the Prophet(peace be upon him) in these words: " O Messenger of Allaah (peace and blessings of Allaah be
upon him)i did not like sabitfor the misery of religion and morality, I do not like
him, By God, if I don’t have been afraid of god, then when he came to me, I would have spit on his mouth" The
prophet(peace be upon him)heard the complaint and said: Will you return the garden
which he has given you?she said: yes, If he wants more, I will give that, The Prophet(peace be upon him) said:
No more, give the garden back just, and ordered to sabit Take the garden back and leave her,In accordance with
this order sabit by accepting the garden, divorces her. (Bukhari)

(2) Jamila bin Sahal Ansari, his second wife also appeared in the service of Holy Prophet(peace be upon him)Sabit
and she cannot be together Whatever he has given me that’s with me The Holy Prophet(peace be upon him)
heard her statement And ordered to sabit take the goods and leave her. After accepting the goods, he divorced
Jamilah (Ibn Majah)

(3) Ibn Jawzid has dar e Qutani and he has narrated from Abi Zaheer that Zainab, the daughter of Abdullah bin
Salul, was in the marriage of Sabit bin Qays bin Shammas And sabit gave her The garden in the maher Then both
of them could not be together And she complained with the Holy Prophet(peace be upon him) The Prophet
(peace be upon him) asked: Can she return the garden to sabit, which sabit gave you? And she said: yes, more
than that, The Prophet (peace and blessings of Allaah be upon him) said no more, But it will be under him. She
Said: it is better, The Prophet (peace and blessings of Allaah be upon him) took the garden to sabit and ordered
to Zainab to go And when the news was told him, he said that I accepted the Prophet's decision. (Page 357,
tafseer e mazhari, allahma qazi sanaaullah panipati rahimahullah)

In the light of these Hadiths, session judge Abdul-ul-Haq said in an article that way The principles and method
of separation that have been described in these decisions are in detail: It is that the only statement or complaint
of the wife is enough, In this such case the investigation is not necessary , So the Prophet(peace be upon him)
heard the wife's complaint Neither asked the husband nor asked what’s his wish, The decision issued on the
wife's statement only, In Islamic countries, where are Sharia Qazi, solution to these disputes is very easy, there
decide is going in just two seats in dispute between husband and wife, Only the statement of the wife is
considered sufficient in the case of khula, neither able to investigation no need that. The above mentioned
incidents are presented here on the topic of "huququlzawjain", the book of mufakkir-e-Islam Maulanaabul ala
moududi.

This rule exits the process of the prophet (peace be upon him) That is just a researcher to implement the order
of khula That woman does not like her husband and does not want to live with him.

4
 (1) A woman can be hate her husband for many reasons Those who cannot be described in
front of anyone, Such things may also be hateful Those described, the listener does not
hate those things, but the person who presents in her life, these things have to hate him, So
Qazi does not need to see The reason that the woman describes is enough for hatred or
not?
(2) The qazi may try to adversity both of them to agree to live together, Cannot force the her
desire Because the khula is her right which God has given to her.
(3) in fact qazi does not need to quation her The woman wants to separation (khula) for a valid
requirement or purely selfish desire, because the Prophet and the Khalifa e Rashedeen as a
judge when they hear the cases of Khula they ignored to ask this question Because the first-
thing to do is to investigate the question, not possible for a judge Secondly, the right of
khula is compared to the right to the woman, which is given as a divorce to man.

The thing that is slaughtered by the right of the woman's khula that is bad thing Sharia has given the khula
between husband and wife And interfering with it is out of Qazi's authority the result of its which came under
wish of husband, If she wants to get the khula and he does not want to give khula for selfishness or shame So
there's no choice for a woman, But this is exactly the opposite of Sharia's saying, it was not wish of shaarie that's
mean to give all choice in only one party and letting second party free of charge, and it would in social purpose
which mix marriage relationship.

The authority of this decision is based on what?

In the Islamic government, the Qazi is very high level post, , Which requires higher level of capacity in Islamic
law and other law Qazi's decisions are given from shariah which cannot be snatched for Islamic government,
But in 1880, the British took away all the options of the Qazi Act, and gave them just permission to nikah and
keep record of the divorce and khula, Which was intervention in Islamic law, British Went away from our land,
However, the judiciary under this Act is still continuing in courts And our political leaders are following this
Islamic intervention, This is the biggest loss in the Muslim community to be end of there post The right of the
women to become lose, After all, the husbands 'consent was not necessary for the woman' s marriage infront
of Qazi, But after a period the consent of the wish of husband was admitted for that reasonmany Muslim women
from 1920 to 1928 went to apostasy way to freedom from their cruel husband, AllamaIqbal became trouble on
this situation he forced Deouband’s scholars , especially Maulana Ashraf Alithanvi (rahimahullah)Maulana Ashraf
Ali Thanvi organized letters from The Scholars of the country and abroudHaramainshareefain, Reviewing the
four Imam's ideology, while convening a meeting of scholars of religion in Dauband, all that mentioned in “Al
heelatunnajiza” Justice Taqi Usmani, the famous religion of the Islamic in this time, has also suggested using the
same book to resolve Muslims' family problems in his book(dunya mere aage).

5
In the light of the same legislative decision of the scholars Almost (75 years) ago, In some states of
the country (Bihar, U.P., Karnataka, AaSam, and Western Bengal) darulqaza / Sharia Panchayats are
established, where is the decision of family problems and end of marriage being on requirements in
the light of Sharia, The country's administrative or other matters are not discussed here, Name
them parallel courts and demand to ban is inappropriate and cruel, When there are millions of
cases in the country courts And people are waiting from lot of years , in such cases if Muslims
resolve their cases in darulqaz and Islamic Panchayat, what's happening bad? This is to support the
judiciary.

In the compulsion of the same legislative decision IDARA SADAYE HAQ is a non-profit welfare
organization it had registered from registration of societies in 1996 to Reforming society, possible
efforts to jump around social evils, and introducing Islamic brothers in the light of Islam, The
institution established in a Sharia Council under the supervision of some Islamic scholars of religion
to Looking at rising crowd of conflicts in the city, abundance of divorce, Muslim crowd on counciling
centers, which first season was held at Madina Education Centre Nampally on 28 April 2012, In this
session, the majority of scholars and religious men and women attended the meeting, And by
approval of the resolution, the demand for the Islamic Law for oppressed women's should prevail.

Some important specifications

The law is given in the light of Islamic Do not bring this decision under any non-Islamic court
Because constitution of India gave minorities to have the option That they are allowed to perform
according to their educational, social, social and religious Amurpuni religious teachings. When this
decision is given under Sharia-e-Islami then to take forward this case in non Islamic court is
prohibited in Islam, and that means you bring all the shariah in court.

Moulana abul ala moudodi wrote in his book “huququzzawjain”:The law which has been
implemented in the department called "Mohammadan Law'' He is very different from his original
Islamic law , 'The implementation of it cannot be said best implementation in Islam, in this law basis
of sharia based on those books They are written by writers who were unaware of the Arabic
language For example, Hamilton, who has been translated the Arabic book called ‘HIDAYA’by the
help of a Persian language While he did not have the ability to understand the ‘HIDAYA’ He had so
much stumble in the ordinary terminology of FIQH it must be see source book ‘HIDAYA’ to
understanding it’s meaning and Digest of Mohammadan Law translated by Baillie who translated
this with help of quote’s translation of fatwa aalamgiri, and Principles of Mohammadan Law by
Macnaughton have been set up with false information and inaccurate understanding. Those books
cannot be basis of Islamic sharia.

So both sides are Muslims, because on this Sharia judgment, these descriptors are required and It
is against a Islamic order to bring under any non-Shariah court.al Nisa

But no, by your Lord, they will not [truly] believe until they make you, [O Muhammad], judge
concerning that over which they dispute among themselves and then find within themselves no
discomfort from what you have judged and submit in [full, willing] submission.(Al Nisa 65)

However, if any party gets the judgment under this non-Muslim court ,in this time that will be
become inshallah, the judges of respective courts know about some information of Islamic law, the
respective judges will be forced to take care of it, What is the rights of women in the law of Islam?

6
Usually it is objected by many unusual brothers and some Muslims, if man rejected her
khula The woman is completely helpless, which is not right. Darul Uloom Deoband
recently answered the question on this council: "There is no sharp barrier in the civil
conflict resolution referring to Maulana Ashraf Ali Thanvi's al heelatunnazila, The sharia
has given the scholars to the right, Now you do not have the government power, That is
why the party will not decide according to the his choice He will file a claim against you
in the case, However, a Muslim who believes in the Hadith and Hadith he should not
this, Allah said clearly in the Qur'an: If there is any problem in Muslims, then the Qur'an
and Hadith should be decided by the word of Allah and His Messenger.

The signature of the scholars who has taken this Sharia decision is in the case-related file

For today's decision-making decision-makers, today's date