NEW DELHI. July 6: The right of an Indian Mushm to divorce his wife simply by telling her Talaq, talaq," has been challenged by a religious decree — delighting feminists and angering traditionalists here, reports AFP.

The Jamat Able Hadfth. a two-century-old organisation of Muslim religious scholars, stirred up the hornet's nest when it ruled In late May that "I divorce three" uttered three times in a row would no longer be sufficient to end a marriage.

The controversy has divided opinion among Indias 100 million-strong Muslim community and set off a debate over the traditional Islamic divorce practice

In an unprecedented "Fatwa." or decree, hailed by feminists as a great step towards much-needed religious reform, the organisation at tempted to end the practice widely followed by Muslim men to divorce their wives.

It ruled that three "taiaqs" uttered tn one go would be tantamount to saying the word Just once, which is revocable under the sharia or

The decree said the "triple a talaq" law would

be valid onhr if spaced out over three occasions and three months. The general ruling was made In response to the case of a man who divorced his wife in a fit of anger and apparently later regretted his action.

The ruling sought to prevent broken marriage resulting from the words pronounced not only in the heat of the moment, but also under Intoxication or even as a Joke.

The traditionalists hit back last week.

The Jamiat Ulema-e-Hlnd. a prestigious body of Muslim theologians, said "triple talaq" was very much valid and warned that cohabitation between husband and wife after the word is said thrice would be sinful.

The consequence of the action has to be accepted." said Maulana Syed Asad Madani. president of the 73-year-old body whose members represent several schools of Islamic thought.

Pro-change Muslims and feminists, who are a minority, argue that triple talaq is unjust to women, who have no right to alimony under Islamic law

They say the Islamic holy book, the Quran, does not condone the practice and that It evolved over a period of time. Traditionalists say the Jamiat Able Hadith has misinterpreted the scriptures and is misleading the community.

The practice is discriminatory," said a spokeswoman for the Al) India Muslim Women's Association." It is a male dominated society in which a woman depends on her husband for livelihood.

The practice allows men to divorce their wives for minor excuses or In a fit of anger," she said. "If it is done tn three separate stages, it will give time for reconciliation, for family elders and well wishers to Intervene."

"But the traditionalists do not want change.' she added.

The society cited the example of a woman who had been divorced by her husband for disobeying his order not to go to the village well to draw water.

Opponents of change say It Is arguable whether the practice is Juat or not but nevertheless has to be accepted.

"Muslim personal law is not bound by the sentiments of a few people, said Mufti Mohammad Mukarram Ahmed, the Imam, or chief priest of New Delhi s Fatehpurt Mosque.

"If some women feel It Is unjust, they should be careful and not give a chance to the husband to give them talaq. The husband also loses In talaq. he loses his wife and the comforts of a household, the Imam said

Maulana Madani of the traditionalist Jamiat Ulema-e-Hlnd said one way out could be to set up shariat courts to act against errant husbands.

The controversy now rests with the All India Muslim Personal Law Board, which is to meet sho[tiy to study the report of a committee of theologians It appointed to study the principle of divorce

Any decision will be within the framework of the shariat. But tn this kind of controversy It Is difficult to achieve a solution by conscn sus, said Waheeduddln Khan of the Islamic Centre, a voluntary organisation