By Rohit Srivastava,
New Delhi, Nov 6 : Parliament should ban the “heretical” triple talaq and those who resort to it should be jailed for three years, former Union minister Arif Mohammad Khan, a prominent liberal Muslim voice who has all along fought against Islamic fundamentalism, has said, even as he accused the government of not following the spirit of the constitution in its attempt to enact a Uniform Civil Code (UCC).
Khan, the author of “Text and Context — Quran and Contemporary Challenges” and who broke ranks with former prime minister Rajiv Gandhi in 1985 over the government’s capitulation to the Muslim clergy on implementation of the landmark Shah Bano alimony judgement by the Supreme Court, also termed the All India Muslim Law Board (AIMPLB) “at best” an “NGO” that could had not authority to speak for the entire community.
“There are more than five judicial verdicts that have practically banned triple talaq. Mere outlawing this undesirable practice is not going to help. Either Parliament should enact a law to make triple talaq a punishable offence or this practice should be viewed as violation of the judicial verdicts and treated as contempt of court,” Khan told IANS in a wide-ranging interview.
“The Personal Law Board does not dispute the fact that the second Caliph, Hazrat Umar, who had allowed triple divorce, used to award 40 lashes to such persons. Today, lashing is not possible, so we can provide for three years’ imprisonment for persons who resort to this heretical mode of divorce. Then, the choice would be either to wait for three months as the Quran prescribes or go to jail for three years. I feel confident that such a penal provision would effectively put an end to triple talaq,” Khan maintained.
The AIMPLB, in its “Compendium of Islamic Law”, considers triple talaq as ‘bidat’ (innovation), but it is vehemently supporting it.
On this contradiction, Khan noted that the Compendium, on page 72 section 13 says: “Talaq bidat is prohibited, but if a person pronounces such a talaq, it will be effective, while the man will be guilty of a severe sin.”
The Board “likens triple talaq to murder and they say that killing is prohibited but if it happens then it happens”, and punishment for killing in Islam is death, he added.
“On the other hand, the man who resorts to triple divorce often marries again while the divorced woman is still going through ‘Iddat’ period,” Khan said.
He also noted that there is no consensus on triple talaq among different Muslim sects. “Different schools of (Islamic) jurisprudence radically differ from each other on various issues. On triple talaq there is no unanimity. The Ahle Hadith and Fiqh Jafria do not accept three pronouncements of talaq in one sitting and consider it as one pronouncement,” he said.
On the UCC, Khan said there was a lack of serious political will to achieve it. It had become a political slogan “and we simply do not try to understand the spirit” of article 44 of the constitution.
“When the constitution says that the State shall endeavour to secure a Uniform Civil Code, it means creating an environment conducive to its enactment. It implies both an informed public opinion and a robust sense of security. And finally, widespread consultations are necessary to let people know that the objective of a UCC is to ensure gender justice and equality in marriage and not to interfere with any religious obligations or practices,” Khan maintained.
As for the AIMPLB, he described it as “a body of clerics generally drawn from madrasas and at best it can be described as an NGO”.
“Every law needs an enforcement agency and the AIMPLB views itself as that agency. It gives them a sense of power and domination over the lives of others which they exercise through the instrumentality of fatwas,” he added.
The clerics as a class have always been obsessed with law. Instead of promoting Islamic values like God-consciousness (taqwa), compassion, charity and justice, they got together to protect the laws, he added.
The AIMPLB is dominated by Sunni Muslims with representatives from other sects as well. The majority of Indian Sunni Muslims follow ‘Hanafi’ jurisprudence and this reflects in its legal standing as well.
However, its “claim to be the sole representative of the community is not based on any election, but on its capability to manipulate the government to accept its interpretation of Muslim law as the only interpretation,” Khan contended.
“They sustain themselves on the legitimacy conferred on them by the political establishment,” he added.
(Rohit Srivastava can be contacted at rohit.s@ians.in)—IANS
MR ARIF KHAN TALKS IN THE LITERARY BACKGROUND OF QURAN AND HADITH…….
TOMORROW IF PALIAMENT ASK FOR BAN OF GOD ITSELF ,WHO WILL ACCEPT IT.
MUSLIMS ACCEPT ONLY QURAN AND AUTHENTIC HADITHS NOT ANY ARIF KHAN OR WARIF KHAN
Bagoda pathan hai antiq, bhag te rah. fit fr nothing
HERETICS ALWAYS BELIEVE THAT REAL BELIEVERS AND GOD GIVEN LAWS ARE HERETIC.
AARIF IS MOST ILL FAMOUS HERETIC.HE OPENS HIS MOUTH ONLY TO PLEASE HINDUS AND THAT IS THE REASON HE IS SILENT ON THE CRIMES OF RSS TERRORIST DRIVEN BJP
I congratulate Arif Khan. He is a true Indian.
These backward muslims take Quran as per their convenience. If you feel tripl talaq should be followed because it is mentioned in Quran then why don’t you follow criminal law where a muslim theft’s hands should be cut & muslim murderer’s head should be cut using sword? Why you follow uniform criminal law in India?
I have seen several muslims who have bank accounts & regularly take interest which is against Quran.
Triple talaq is a way of satisfying muslim men’s lust & nothing to do with Quran. This is hypocrisy to use Quran as weapon for your convenience.
HE IS NOT TRUE RELIGIONIST,NEITHER YOU ARE GOOD HINDU.
COME OUT WITH EXPLANATION WHY VEDIC MESSAGE OF WORSHIP OF ONE GOD IS FORGOTTEN BY HINDUS …..THIS IS NOT A MUSLIM COUNTRY TO IMPLEMENT ISLAMIC LAWS .THE CRIMINAL LAWS IN MUSLIM COUNTRIES ARE WELL KNOW,THERE ARE FEW RAPES,MURDERS AND SCAMS …IN PUBLIC.
WHEREAS IN INDIA AND ELSE WHERE RAPES AND MURDERS AND SCAM ARE LIKE A SCOURGE AND WRATH OF GOD.
IF SOMEBODY IS TAKING INTEREST IT IS HIS PERSONAL PROBLEM ,MAJORITY MUSLIMS DONT TAKE INTERES ,EVEN IF THEY TAKE MANY GIVE IT IN CHARITY.
ABOUT TRIPLE TALAK ,ENOUGHT WRITING IS AVAIALBLE IN QURAN AND SUNNAH.
MUSLIM SCHOLARS WILL DECIDE ABOUT IT ,NOT GOVT SPONSORED MOULVIS OR PANDITS
AND WHY YOU CALL YOURSELF SECULAR WHEN YOU ARE BORN IN HINDU FAMILY.BE A GOOD HINDU
One GOD theory mentioned in hinduism & Islam are different. We consider god is everywhere & you consider god is outside material world & he has created material world. I think definition of One god is at basic level in Islam as compared to hinduism & hence we do not believe on one god theory mentioned in Islam. The god’s definition in Islam is incorrect because you cannot answer following questions:
1) Why every human being has different fate?
2) If god gives only one chance to human being to enter into heaven or hell then what happens to human beings who die as children?
3) What happens when human being dies? Does Islam consider human body is only material constitution?
When hindu worships a god, he is actually worshiping a supreme god’s soul. You won’t understand this theory. You remain happy with your basic definition of god.
Now about triple talaq. As you know most of islamic countries like Saudi, Iran etc have banned it. In those countries strict Sharia is followed but not triple talaq.. then it means those countries have not understood Quran well or Muslim personal board in India is making you fool. Even though you are minority, why muslim personal board does not insist government to make criminal law separate for Indian muslims? They want only triple talaq to fulfil their lust.
If there is any merit in deciding on the Triple Talaq, instead of Indian Parliament, there should be a Muslim Parliament that should be convened to reach a consensus verdict on the controversial issue. Let there be a universal suffrage of all Muslims, men and women, to take part in an organised manner, so as to set an example to the Muslim world too.
Shame on Arif Md. Khan he never speak or raise concern when thousands of kills in Ex CM modi Gujarat and now silently working on finish a generation in Kashmir and elsewhere gundas killing innocent by name of Kauraskhsa …..
Thx for current ruler of India & Medias likes Timesnow…. made people to read Quaran and study on Sharia many of get impressed not only in Asia entire world women came to know the beauty of Islam and Almighty mercy on Women. No religion other than islam & no leaders other than Mohamed (PBUH) valued women and their right since birth till death.
use less guy no use here or after death.
Hello, unsecular secular Hindu, criminal ” Hudood” laws of Islam require certain conditions to be first fulfilled and as per sharia itself, it can’t be applied not just here but even in Muslim majority nation.
Why do you not enact laws to uproot evil in your religious practices first to set good example. Tousands of tons of air pollution is caused daily by burning dead bodies of Hindus . All your festivals cause huge pollution in air , noise pollution and water pollution round the clock. Why not you go to court to get them banned.? Mr Hypocrite, please act and prove you care for humanity and that YOU ARE SECULAR.