Under the Shia Law, if the husband has capacity to speak but announces Talak in writing, the Talak is
Under Shia law, a husband capable of speaking must pronounce the talaq orally in the required form and before competent witnesses. A written communication alone cannot…
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Under the Shia Law, if the husband has capacity to speak but announces Talak in writing, the Talak is
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Correct answer C
Under Shia law, a husband capable of speaking must pronounce the talaq orally in the required form and before competent witnesses. A written communication alone cannot effect the divorce where he can pronounce it orally; the exception for physical inability to speak does not fit the facts. The purported talaq is therefore ineffective or void, rather than merely voidable. A written record of a previously valid oral pronouncement is a different situation.
Current law: For marriages within Uttarakhand’s Uniform Civil Code, effective 27 January 2025, section 29 permits dissolution only under the Code’s Part I, notwithstanding personal law. Thus the historical Shia talaq rule is not a route to dissolve a covered marriage. Applicability and the exclusions in section 2 must first be checked; this is not a nationwide abolition of all Muslim personal law.
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