PESHAWAR, Aug 22: The NWFP Law Department has prepared drafts of two laws — one against the Talaq-i-Mughaliza (three pronouncements of Talaq in one go) and the other for depriving women of their share in property — making them penal offences.

Talking to Dawn, a Law Department official said one of the draft laws suggested a sentence of ten years or a fine of Rs50,000 or both for an act of depriving a woman of her property or not giving her share in inheritance.

Similarly, a person found guilty of divorcing his wife through Talaq-i-Mughaliza or Talaq-i-Salasa could be sentenced up to four years imprisonment or fined Rs10,000 or both, once the proposed law is enacted.

After assuming power in the province, the Muttahida Majlis-i-Amal government had announced that it would enact different laws for protecting various rights of women, including the right of inheritance.

The official claimed that the Law Department had prepared the proposed drafts of both the laws, which are in Urdu, and after they were finalized, these drafts would be placed before the provincial cabinet for final approval.

The two laws would be called the NWFP Prohibition of Talaq-i-Mughaliza Act, 2003, and the NWFP Protection of Women’s Property Ownership Rights Act, 2003. After enactment, these laws would be applicable to the entire NWFP.

The preamble to the draft Talaq-i-Mughaliza law states: “For the survival of human race Nikkah is a mandatory act and Islamic Shariah prefers continuation of Nikkah between a Muslim man and woman. For keeping marital relations between Muslim couples smooth and pleasant it is necessary to curtail those acts which create hurdles in this relation. Excessive use of Talaq-i-Mughaliza affects the family system of Muslims, therefore, this law is enacted for prohibiting this shameful act.”

The draft states that Talaq-i-Mughaliza or Talaq-i-Salasa means a Talaq (divorce) which is pronounced thrice by a Muslim man in one go. Under section 3 of the draft law, Talaq-i-Mughaliza will be a penal and cognisable offence punishable up to four years imprisonment or a fine of Rs10,000 or both.

A woman, or her relative, affected by the said Talaq will be entitled to file a complaint before the concerned court.

The draft of the proposed Protection of Women’s Property Rights Act states that the Islamic Shariah gives due status to women in a society and protects their ownership of property rights. It said: “In a society the women’s ownership of property are usurped on different excuses and it is necessary to provide legal protection to that right of women.”

Similarly, male members of a family do not provide due share to their female relatives in inheritance.

Under the draft of the proposed law, property means movable and immovable property which is acquired by a woman in inheritance, or through hiba (gift) or bae (purchase) or through other legal or Shariah means.

Any person who deprives a woman of her property illegally or occupies her property, this act will be a cognizable offence punishable up to 10 years of imprisonment or a fine of Rs50,000 or both.