By Salman Sultan
In modern times when society has started believing in gender justice and women rights organizations are crying hoarse for implementing special rights to women, it is interesting to see as to what Islam religion ordained. Prior to the message of Islam, Arabs considered it below dignity to even announce the birth of a girl child. They buried their daughters alive as mentioned in Holy Quran:
And when the girl [who was] buried alive will be asked (Al-Takweer: 81:8)
Arabs treated women folk as a commodity which could be bought and sold just like herd of domestic animals. They practiced unprincipled polygamy and looked down on their women folk. Islam gave respect to women through the institution of marriage and made it a social contract by mutual consent. It made marriage an easy thing while making fornication a very difficult thing almost impossible to commit because of stringent punishment.
“In Islam there is absolutely no difference between men and women as far as their relationship to Allah is concerned, as both are promised the same reward for good conduct and the same punishment for evil conduct. The Qur’an says:
And for women are rights over men similar to those of men over women. (2:226)”[ https://www.iium.edu.my/deed/articles/woman_quran.html ]
As far as Polygamy is concerned Islam apparently allows it but with conditions superimposed. The conditions are almost impossible to be fulfilled by ordinary man. (Quran 4:03)
“And if you fear that you will not deal justly with the orphan girls, then marry those that please you of [other] women, two or three or four. But if you fear that you will not be just, then [marry only] one or those your right hand possesses. That is more suitable that you may not incline [to injustice]. (Quran 4:129)
“And you will never be able to be equal [in feeling] between wives, even if you should strive [to do so]. So do not incline completely [toward one] and leave another hanging. And if you amend [your affairs] and fear Allah – then indeed, Allah is ever Forgiving and Merciful.”
Although in the eyes of Allah SWT marriage (Nikah) with the minimum expenditure is desirable but such is not the case in general. Muslims spend lavishly on marriages thus not only violating the order of Allah SWT but also against the teachings of our beloved Prophet Muhammad (SAW). It reminds me of Maulana Mujibullah’s(RA) speech which he used to give prior to Friday Sermon. In one of his speech he narrated the following incident: “My Hindu friend told about the hardships he faced in the marriage of his daughter where enormous amount of expenditure was involved to entertain not only bridegroom’s family and friends but the amount of dowry to be paid in cash and kind. He lamented “Maulana Saheb! If your community has only performed marriages as per Islamic laws and practices we would have been saved. Instead of practicing your customs your community is wrongly emulating us”
In Arabic there is nothing like “Baraat”, a purely Indian concept and the Muslims have no compunction whatsoever in taking a procession in. the name of “Baraat” to bridegroom’s place. Sometimes it even exceeds 100 members. I have not come across a single incident where Qazi has refused to solemnize marriage because of violation of Islamic principles. They, on the contrary, satiate their palate with exorbitantly expensive dishes and shamelessly become part of unethical practices of videos and other absurd rituals.
We have AIMPLB, a highly respected body, but in my personal opinion it has not tried to discourage un-Islamic practices in our marriages. AIMPLB can easily make the community stick to simple ceremony of “Ijab –e-Qabool” (“According to Muslim law, it is absolutely necessary that a man or someone on his behalf and the woman or someone on her behalf should agree to the marriage”
https://www.legalbites.in/ijab-e-qabool-under-muslim-law/), in our marriages, If Muslims refuse to adhere to the advice of AIMPLB then it can give a call for “Boycott”.
Inheritance
Islam gave property rights to daughters fourteen centuries ago. It first fixed the share of daughters and then double of this was given to sons as daughters also have a right in husband’s property. Further, sons have the responsibility to look after their parents and also help getting their sisters married. Such provisions were introduced in Hindu code bill only as late as 1950’s and it was vehemently opposed.
Let us confess that in reality Muslim community doesn’t follow these explicit Quranic instructions. Had we only followed our laws, we could have set the agenda for all discussions pertaining to inheritance in our country. Did Muslim organizations ever checked on this count?
Talaq (divorce)
Once a Maulana was addressing Friday congregation wherein he mentioned Quran as a source of ‘Triple Talaq’. It startled me as even in my limited knowledge I was confident that Quran talks about intermittent Talaqs with enough period for reconciliation. After prayers I waited for the Maulana to get free and then politely asked him to provide a reference. He sheepishly smiled and admitted it being a mistake. Just imagine the impression he created through his wrong statement.
In my personal opinion, the case of ‘Triple Talaq’ was botched up by AIMPLB by strictly adhering to ‘Hanfi’ school of Islamic jurisprudence. Professor Faizan Mustafa (Legal Awareness: web series) has explained in detail as to how Personal has evolved through ‘Ijtihad’ and gave examples of changes in Personl Laws of Syria and Tunisia. I don’t know whether Prof. Faizan is a member of AIMPLB?
I am sorry to say that Maulana’s in most cases could hardly resist the temptation of microphone. Instead of politely declining they readily come forward with their opinion. As an example, I will refer to an AIMPLB meeting held in Hyderabad sometime ago. The government has then elevated the marriage age of daughters to eighteen. The Maulana started raising objection in the light of allowed Islamic practice of marriage at the attainment of puberty. Next day ‘The Hindu’ in its editorial highlighted the incident as an opposition to this reform by Muslims. In our country, daughters are married at the time of their birth or even at extremely young age and this practice is prevalent in many non-Muslim communities.
We should therefore, not oppose any move for reform on part of our government but rather request them to provide a detailed well thought of plan. Inviting suggestions by Law Commission in absence of a simple draft is therefore, a futile time wasting exercise.