KL Desk
Srinagar
Asserting that Islam has given more rights to women than any other religion, retired High Court judge, Justice Bashir Ahmad Kirmani said his intention behind filing an application for rehearing of the Bilkees Akhter divorce case is to arrive at correct interpretation of Quran and hadith in view of the case.
Talking to local news agency KNS, Kirmani said, “The case involves the basic interpretation in the light of Qur’an and Ahadees. I’ve not touched the question of maintenance of the divorced women. Maintenance is the right of the divorced women”.
“Islam has directed the man to give with open heart to the women every thing that possible for the man to give her at the time of divorce”, he added.
He said that the divorced women’s rights under Shairyat cannot be ignored or violated.
Kirmani said he has advised the Bar Association to constitute a penal of senior advocates to defend the review and proper interpretation of Quran in the court.
“I wish to have healthy and strong point of view from the both sides to help the court to reach at the correct decision. Let us put our views and opinions before the court of law. I’ll not plead with the strong intention that the judgment is inappropriate and I’ve also told it in the court of law that the both parties have to plead before the court in a healthy way to help the court to see the correct interpretation”, he said.
“In the case (Bilques case), I’ve not touched the ‘maintenance issue’ but have prayed for the revision of the court decision which has interpreted the Qur’an and Ahadees out of context. My objections are not against the maintenance issue but about the conditions of divorce”, he added.
Speaking about the judgment, he said that intention of the Honorable Judge might be to make it difficult for man to divorce her wife, “but it (Divorce) should not be made so difficult that the life of a person would become hell”.
“Qur’an is the primary source of the shairat law and marriage, divorce, inheritance, adoption etc have to be decided under the shariat law”, said Kirmani.
Kirmani while talking to KNS said that the significant decrease in the cases of divorce will be seen in near future. “Today half the earning of one’s lifetime is spent while entering into the contract of marriage and if it comes to divorce the remaining earning of the life has to be spent at that time. Such a situation will make people think twice before divorcing someone”, added Kirmani.
