Not too long ago, a number of instances of instantaneous triple divorce have been reported. In Bihar, simply because a lady didn't vote for the candidate of her husband’s selecting within the Lok Sabha (Indian Parliament) election, he pronounced triple divorce and threw her out. There are a number of instances of talaq which can be as absurd as this one, if no more so. Many others go unreported. Then there's this curious case from Kerala: members of orthodox Sunni teams are threatening to agitate if ladies are allowed to hope on Friday within the mosque.
What do such developments convey to the world? Do ladies have secondary standing in Islam? Is it a sin to hope in a mosque on Friday? What kind of Islam is that this? For a lot of Muslims, orthodox customs have change into extra essential than Qur’anic injunctions. They have no idea that Islam was the primary faith on this planet to empower ladies and provides them equal authorized standing. Commenting on verse 2:228, Maulana Azad in his Tarjuman al-Qur’an, says that it's a revolutionary declaration of equality of the sexes made 1,300 years in the past. However Muslim society, below the affect of a feudal ethos, by no means realized this revolutionary potential.
However time is working out on such regressive attitudes. Even in conservative Saudi society, there are stirrings of change. Final week, 70 Saudi Arabian students and intellectuals participated in a nationwide dialogue in Madina to deal with the problem of girls’s rights. A number of ladies students learn out papers on the conclave, geared toward creating an surroundings conducive for Saudi intellectuals to debate the place of girls in Saudi society.
In India, too, Muslim ladies have grow to be extra aware of their Islamic rights and are demanding modifications in private regulation consistent with Qur’anic teachings. Take the problem of talaq, which is considered a extremely delicate subject. The Holy Qur’an could be very cautious in issues of divorce. But, regardless of clear Qur’anic injunctions on the contrary, we approve of triple divorce in a single sitting and destroy marital life in a single breath. How can such an act be Islamic? It's the supply of the best injustice, particularly for ladies.
Ruling on triple divorce in Islam:
There are 4 key phrasesw ithin the Qur’an: adl, ihsan, rahmah and hikmah (justice, benevolence, compassion and knowledge). Triple talaq is in opposition to all these ideas. It's not simply, nor benevolent, nor compassionate, nor an act of knowledge.
Actually, the Qur’an doesn't allow triple divorce in any respect. Amongst different injunctions, the three talaqs must be spaced out over a interval of three months in order that the couple will get sufficient time for reconciliation by means of the intervention of kinfolk and pals.
Some Muslim girls have devised a regular nikahnama (marriage contract) strictly inside the Shari’ah framework and handed it to the Muslim Private Regulation Board (MPLB) a few years in the past. Since marriage in Islam is a contract, such a nikahnama is completely legitimate and was authorised by an amazing scholar like Maulana Ashraf Ali Thanvi. However the MPLB is hesitant to implement even this very modest reform that would give nice aid to Muslim girls.
All ’ulama agree that announcing triple talaq in a single sitting is bid’ah (an innovation) and that bid’ah is a sin. But this sinful follow is enforced within the identify of divine legislation. It’s time, then, to make each potential try and eradicate this sinful observe. The ’ulama, who're the guardians of Islamic regulation, ought to play a number one position on this course of. I've talked with lots of them, who privately agree that this type of divorce ought to be abolished however shouldn't have braveness to say so publicly.
Many males are Islamically illiterate and don't even understand that triple divorce is a sinful type of divorce. If the members of the MPLB wouldn't have braveness to abolish this type of divorce, they need to at the least have braveness to launch an consciousness motion on the problem and educate Muslim males on the necessity to desist from adopting this sinful type of divorce. As early as 1939, Maulana Ashraf Thanvi and others, took the daring step to draft the Dissolution of Muslim Marriage Act, which gave nice reduction to the Muslim ladies of the day. Can the MPLB not present such knowledge and draft a complete regulation codifying Muslim private regulation on the strains of the 1939 Act? And even because the MPLB takes up this concern, can’t progressive and training Muslims additionally come ahead and help this motion for reform?
If Maulana Ashraf Thanvi might take such a daring step over 60 years in the past, why can’t our ’ulama within the twenty first century do likewise? This might be not solely in line with the true spirit of Islam however may even go a good distance in bettering the picture of Islam in India. It's due to such un-Qur’anic practices that the picture of Islam has suffered and the demand for a Uniform Civil Code periodically raised.
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