New Delhi, Nov 2 : There should be an internal mechanism to curb triple talaq, like naming and shaming the man who arbitrarily divorces his wife, Muslim scholars have said, emphasising that the government must stay out of the community’s personal laws.
They termed the government’s raking up the issue at this time as an election gimmick, and pointed out that there were several misconceptions about triple talaq, or talaq-e-bidat.
Notwithstanding their dogmatic differences, the Muslim scholars IANS spoke to — from Hanafis to Ahle Hadith and from Deobandis to Barelvis and even Shias — categorically decried any interference by the government in matters “which are purely religious”, calling any such attempt “unconstitutional”.
However, they agreed that there must be a mechanism to protect women against the arbitrary behaviour of men who are prone to pronounce talaq “without valid reasons”.
“Such men must be punished, and the community should evolve a mechanism, including boycotting them socially. Nobody should get his daughter married to that man ever again,” Maulana Abdul Hameed Naumani of the Jamiat Ulema Hind, told IANS.
He said that although triple talaq, or pronouncing the equivalent of “I divorce thee” thrice in one sitting, is haraam (prohibited and sinful) the divorce is anyway effected.
According to Muslim Personal Law, if a husband utters only two talaqs, his wife can continue to stay with him, but after the third talaq the divorce comes into effect immediately. The husband can neither stay with his wife nor remarry her until the nikah-e-halala is done.
A nikah-e-halala is one where the woman is required to marry another man (as and when that happens) and if the second husband divorces her willingly (not under coercion or as an understanding) after consummation of marriage, only then can the first husband remarry the woman.
“This condition was set as a punishment for those men who would pronounce talaq arbitrarily,” Naumani explained.
A Barelvi cleric, Maulana Ansar Raza, too, agreed there should be some checks against men divorcing their wives without legitimate reasons. “But triple talaq cannot be wished away. You cannot alter the law of Allah,” he added.
Milli Council General Secretary Manzoor Alam, however, spoke in favour of triple talaq. “What if a man finds his wife in a compromising position with another man, or gets evidence of her extramarital affair? Generally, a person would be enraged in such a situation and may take the extreme step. So, instead of killing the woman or killing oneself, there is the easy way out of marriage through triple talaq,” Alam argued.
Kamal Farooqui, a vocal Muslim and member of the All India Muslim Personal Law Board, said that he is not surprised at the Narendra Modi government trying to politicise the issue of talaq in the garb of social reform.
“It is part of their communal agenda. They are trying to create all sorts of misconceptions,” Farooqui said, adding that divorce is a most unpleasant word for Allah.
He suggested that to curb triple talaq, conditions can be set in the nikahnama, or the contract of nikah. “In Islam, marriage is a social contract. The woman and her guardians have every right and liberty to set the conditions of the nikah as per their convenience,” he said.
Shia cleric Maulana Kalbe Sadiq echoed Farooqui’s stand. “In Shia jurisprudence, there is no concept of triple talaq. But in sections of Muslim society where this practice is prevalent, the ulema should sit together and decide what they can do to curb it,” Kalbe Sadiq said.
However, he added, there is “no scope for the government’s interference” in the matter.
Ahle Hadith cleric Maulana Asghar Ali Salafi, too, agreed with Kalbe Sadiq. “There is no concept of triple talaq in our jurisprudence. But those practising it are doing so according to their belief system and their interpretation of the Islamic fiqh (jurisprudence).
“Nobody, including the government, has any business interfering with it, most certainly not for votes,” Salafi said.
Muslim scholars also rejected the contention that triple talaq be banned as it is in several Muslim countries.
“Suppose it is banned in 22 countries. But there are 52 Muslim countries, which means it is still in practice in the majority of Muslim countries,” said Manzoor Alam.
“We live in India, not in Saudi or Pakistan. We are bound by Indian laws, not of any other country, and the Constitution of India guarantees us freedom to profess and practise our religion,” Raza said.
(Asim Khan can be reached at mohd.a@ians.in )—IANS
THIS IS WHAT IS NEEDED
DIFFERENT SCHOOLS OF THOUGHTS WILL SIMPLY TRY TO DOMINATE OVER EACH OTHERS OR INFLUENCE DECISION.
GO BY LAWS WITHIN ISLAM AND SOLVE INSTEAD OF GOVT CRYING FOULS AND MUSLIM DEMONSTRATING ON THE ROADS.
WHAT A WASTE OF TIME AND BRAIN.
WHEN WE WILL SHOW MATURITY..
EVEN GOVT BEHAVED FOOL
FIRST ENCOURAGING WOMEN FIGHTING IN COURTS
THEN ASKING FOR BAN.
THEN CALLING IT HUMNA RIGHT ISSUE
THEN CALLING IT MUSLIM PERSONAL ISSUE
IT NO PERSONAL ISSUE ,SOMEBODY SUFFERING SHPOULD BE GIVEN JUSTICE ACCORDING TO LAWS WITHIN.
GO AHEAD MUSLIMS AND SOLVE IT
GOOD!!!!!!!!!!!!!!!!!!!!!!!!!!!
WHAT WERE MUSLIM ULEMA DOING ALL THESE DAYS ,FIGHTING WITHIN LIKE POLITICAL PARTIES TILL WOMEN SUFFER AND COME ON ROAD CRYING FOUL…
IT IS PATHETIC REAL PATHETIC THAT MUSLIM RESPONSIBLE LEADERS ARE ONLY BOTHERED ABOUT THEIR SAFETY AND PRESTIGE AND EGO .
RSS AND GOVT WAS WRONG BUT WHAT ARE YOU DOING ALL THESE DAYS……IS IT NOT PROBLEM TO BE SOLVED AND WHY MUSLIM MEN AND WOMNE ARE SO MUCH CONFUSED ABOIUT TRIPLE TALAK,IS IT SO DIFFICULT,,,HAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHAHA.
MUSLIMS ARE REAL IMMATURE ,IT IS BEACUSE OF THEM THAT OTHERS ARE CRYING AND MISUSING IT,MEN ARE MISUSING,POLITICAL PARTIES ARE MISUSING BUT WHO IS GIVING THIS OPPORTUNITY
SHAME ON RSS AND BJP GOVT AND SJAME ON MUSLIMS WHO LET TRIP;E TALAK ISSUE PENDING FOR SO LONG
THERE ARE CLEAR HADITH AND QURANIC EXPLANATIONS ABOUT TRIPLE TALAK ,JUST SIT AND GIVE IT WRITING TO MUSLIMS…
BUT BE CAREFUL OF OPPORTUNISTS WHO TWIST AND TURN IT .
YOUTHS ARE NOT AS IGNORANT AS THEY WERE BEFORE…ULEMA SHOULD NOT LOOSE THEIR RESPECT……….AND DO NOT THINK THEY TOO BIG ..EVEN A ORDINARY MUSLIM KNOWS WHAT TRIPLE TALAK IS AND UNDER WHAT CIRCUMSTANCES IT CAN BE GIVEN..
WHY IS LIVE IN RELATIONSHIP ARE BECOMING POPULAR.
BECAUSE CERTIFICATE OF MARAIGE IS BEING MISUSED BY IN LAWS FOR THEATENING EITHER BOY BY GIRL’S PARENTS OR GIRL BY BOYS RELATIVES ,THE HOLY INSTITUTION OF MARRIAGE WHICH IS SO JOYFULLY CELEBRATED IS TURNED INTO ROAD SIDE DEMONSTARTIONS
SORYY ULEMA VERY SORRY….IT IS YOU FITHTING WITHIN YOURSELF AND FORGET YOUR RESPONSIBILTY AND DUTY WHEN SOME ONE CRY FOUL AND YOU BLAME HIM OF INTERFERING
BJP GOVT TOO SHOWED ITS FOOLISHNESS, BY CHANGING ITS STANCE
INSTEAD ASKING MUSLIMS TO SOLVE THE ISSUE AND COME OUT IN CLEAR WRTING ,THEY TRIED TO BOSS MUSLIMS WHEN THERE SEVRAL HUNDRED ISSUES WITHIN HINDU COMMUNITIES FROM BAD TO WORST
THEY WERE PLAYING HERO AND TURNED OUT TO BE FOOLS..
WHA INDIA WAH WAH MUSLIMS WAH …
muslim are fucker to their woman one father son neighbour maulvi fuck same woman in a day,no voice to muslim woman she is just bitch
NAVEEN DONT GET ENAGED SO MUCH, ANGER EATS YOUR BRAIN,DIRTY WORDS MAKE YOUR MOUTH DIRTY.
TAKE ANY WRONGS IN MUSLIMS ,SAME WRONGS ARE IN CHRISTIANS,HINDUS AND OTHER COMMUNITUES.
WHAT YOU ARE TELLING MAY BE TRUE BUT THE SAME ACTS ARE DONE IN YOUR COMMUNITY TOO..
DEVILS ARE EVERYWHERE…
THERE IS SHORTAGE OF WOMEN IN HARYANA AND THERE ARE REPORTS OF HINDUS DOING THE SAME WHAT YOU MENTIONED IN YOUR WRITINGS …
SIMPLY GETTING ENRAGED WILL SPOIL YOUR THOUGHTS.
DO CONSTRUCTIVE WORK IF YOU ARE YOUNG
USE YOUR TIME FOR BETTERMENT OF YOUR LIFE AND YOUR NEIGHBOURS
MY commununity’s no organization is banned BY UNITED nation WE HAVE thousand of doctors engineers and scintist . even in whole islamic world only one could win noble in science AHMEDI muslim WHO has never been considered pakistani.
nd sorry WE have seen enough in syria iraq paksitan ,UR community is destroying ur own civilization ,we HINDUS are not growing,slowly climbing and soon would be NEXT to jews.
There are hundreds of scientists in India woking and non working in defense ..because of the sensitivity of the establishmnet and possible leakage of secrets muslims are avoided to be placed in sensitive sections,there is no doubt about and muslims dont feel bad about it…
We dont want noble prizes,we are least bothered about it.
For example take,
If all the arabs were working where the Indians will work
There are millions of Indians workig in Gulf.
A time will come arabs will replace others..
Allah is bringig civilisations together to know each others ,values traditions,religion and be brothers not to insult and hate …there is a lesson in it , we are supposed to learn from each others.
One important questions is why Indian popularise the worship of one god mentioned in vedas and bhagwat gita ,it is so vital to vedic religion.
Christianity and Islam came after thousand of years of veda ,but there is no place of worship for one god mentioned in vedas ???????????????????????????????????????????????????????????????????????????????????
@NAVEEN…Hindutwaadi scoundrel your dirt n muck language …as also ..your comments…prove by itself what sort of a cheap n crass bastard are you….yaa typical hindutwaadi always desperate to score a sillly brownie over a muslaman. HELL TO HINDUTWAAD.
ATLEAST WAKE UP NOW MUSLIM INTELLECTUALS , AND WORK FOR YOUR COMMUNITY.
IT IS SAID THERE 40 BILLION DOLLAR WAQF PROPERTY SCAM IN ONE INDIAN STATE ,THERE MUST MORE IN OTHER STATES …USE IT FOR SERVING POOR AMONG MUSLIMS
THROW AWAY GREEDY ULEMA,INTELLECTUALS AND SERF SERVING LOCAL POLITICIANS ..
WHY MUSLIMS KEPT QUITE TILL MUSLIM WOMEN HAD TO BE FORCED OUT ON THE ROADS TO DEMONTRATE
IF YOU HAD ACTED MUCH BEFORE THERE WAS NO NEED FOR OUR WOMEN TO COME ON THE ROADS
IT IS MUSLIMS WHO DISGRACING THEIR WOMEN .LETTING THE ISSUES TO COURT AND BECOME A MESS
@N chadi babu, u people r helpless forgeting hundreds of Apj.kalam & likewise muslims….
@kk DO YOU CONSIDER APJ KALAM muslim who used to workship GEETA and follower of PRAMUKH JI hindu PRIEST (WRITTEN in book my SPRITUAL TRANSFORMATION WITH PRAMUKHJI),politically APj KALAM was tilted toward BJP his NEPHEWS has joined last year SAME PARTY,
if it is so ,i salute you.