Fatemolla comments : WHY TRIPLE TALAK IS ANTI-ISLAMIC. The pathetic Indian scenario.
By – Fatemolla - a Canadian researcher, speaker and writer on Human Rights in Islam. 7 May 2005
Triple-Talak is anti-Islamic for two simple reasons. It is unjust, and it violates the Quran.
It is reported in BBC and Outlook India last week. In their recent Bhopal-convention the All India Muslim Personal Law Board (AIMPLB) as usual mildly condemned Triple Talak (Instant divorce by Muslim husbands) as “not desirable” but not contrary to Islamic principles of justice. As the country’s most powerful Islamic legal institution the board’s decision significantly influences Indian Muslim women’s rights and Muslim men’s psyche. It also impacts the evolution of world Muslims and Islam’s image. Reason for the board’s hesitancy can be traced to a literal approach to Islamic documents.
The most authentic Sharia Laws legalizing a husband’s Triple-Talak seem to have roots in the Quranic Chapter 2 verse 237, giving the husbands “ownership” of marriage-bond in clear words: - “…. or he should relinquish in whose hand is the marriage-tie….”. It is an explicit command. It is important to note that scholars such as Maolana Mawdudi, with his profound influence on global Political Islam cautioned in page 140 of his “Islamic Law & Constitution” that “Where an explicit command of God or His Prophet already exists, no Muslim leader or legislature, or any religious scholar can form an independent judgement, not even all the Muslims of the world put together, have any right to make the least alteration in it”. It is also important to note that this command is maintained in many other secondary sources such as page 466 of “Sharia the Islamic Law” by Dr. Abdur Rahman Doi and page 11 of Codified Islamic Law (Bangla) Vol 3.
Chapter 2 verse 237 was taken literally to codify the law giving complete authority to the husbands to divorce the wives at will in different situations as shown below.
1. Shafi’i Law “RELIANCE OF THE TRAVELER, A CLASSIC MANUAL OF ISLAMIC SECERT LAW certified to be authentic by Al Azhar University in Egypt. Page 560, Law number 5 of N-3. Quote: - “Effective number of utterances corresponds to whatever number utterances he has in mind, twice or thrice, at that instant is effective”.
2. Hedaya the Hanafi Law book that is the textbook selected by the Council of Legal Education, for the examination of the students of the Inns of Court to qualify for the English Bar. Quote from page 81 – “The number in the husband’s mind or signs made with his fingers may determine the number of divorce”. (This book does not give law-numbers).
3. From “The Codified Islamic Law” – (Bangla) Vol-1, page 157, Law# 351. Quote “A final divorce takes place if a husband utters Triple Talak to his wife with one sentence at one time or with separate sentences in different times.”
4. From Tafseer (human explanation) of translation of the Quran by Maolana Muhiuddin Khan, page 128: “If someone takes such step (three pronouncements at the same time), this shall effectively lead to final Talak. This cannot be renounced and there shall be no way for renewal of marriage.”
5. Many Islamic websites such as Sunnnipath.com supports instant divorce.
This authority of husbands to divorce their wives is stretched to legitimize divorce even under compulsion, intoxicants and in jokes – pages 251, 253 of Bangla translation of “Deen Ki Bate” by Maolana Ashraf Ali Thavi, one of the most famous Islami scholars India ever produced. Hanafi Law supports it but not the Shafi’i law. – Dr Abdur Rahman Doi – page 174. Tafseer of translation of the Quran by Maolana Muhiuddin Khan, page 131 validates divorce in jokes. In light of the above it is not surprising that even the AIMPLB could not find enough Islamic reason to uproot the obvious injustice on Muslims women by triple-Talak.
A heartbreaking scenario is often the consequence of the husband’s authority of instant final divorce. The Sharia law says that after a wife is finally divorced, she can be married to the previous husband only after (1) she is married with another person, (2) she has complete sex with him and (3) the second husband divorces her without any compulsion. (“Islamic Laws” by Ayatollah Sistani, page 469 Law# 2536, Hanafi law page 81, Shafi’i law 7 of N-7 Page 565, Quranic Tafseer page 126, Ashraf Ali Thanvi – Law# 1543 Page 252 etc.). While the “divorced” wives, most often innocent, have nothing to do with the pronouncement of the husbands, most often whimsical, the local Sharia Courts force them to strangers’ beds to get “divorced by the second husband and get remarried with previous husbands. Many of the helpless wives with ocean of tears submit to this virtual “legal prostitution” and others either commit suicide or run away. We have too many reports of these incidences; for instance, it is an epidemic in Bangladesh. The nation’s conscience stands helpless in front of this powerful Sharia Law applied by powerful Mullacracy.
But, the following show that Islam’s Prophet decided Triple-Talak as one divorce, exactly as expected from a Prophet.
1. Maulana Wahiduddin – “Woman in Islami Sharia” page 109 - According to Abu Daud and several other traditionists, - when Prophet’s companion Rukana Abu Yazid pronounced TALAK thrice to his wife at the same time, quote: - “Prophet then observed, “All three counts as only one. If you want, you may revoke it” -unquote.
2. Koranic Tafseer by Moulana Mohiuddin- Page 127- “Imam Nasai quoted from a narration by Ibn Labid: - When the Prophet received the news of a person pronouncing TALAK thrice to his wife at the same time, he was agitated and said, “are you making a mockery of God’s Book, when I am still living amongst you?”
3. “Women’s Rights in Islam” by Sharif Chowdhury on page 51: According to Sahih Hadith Nasai, after hearing a companion of his pronounced TALAK thrice at the same time to his wife, the Prophet stood up in anger and said, “are you making a mockery of God’s Book even though I am still living amongst you?”
So we see that Prophet did not allow triple-Talak. The law of triple-Talak as final divorce was actually enacted not by the Prophet but by Hazrat Omar as described in Maulana Wahiduddin’s “Woman in Islami Sharia” page 109: “During the time of Prophet, Caliph Abu Baker and early days of Caliph Omar, three utterances of TALAK at one time was counted as ONE. The Omar proceeded to impose such a rule (of instant divorce)”.
A world-renowned and award-winning Islamic scholar Asghar Ali Engineer says that this law has been recorded In Hanafi and Shafi’i law but actually it is a pre-Islamic practice. Let me quote Dr. Abdur Rahman Doi from his “Shariah The Islamic Law” page 179: -
“Many years after the death of the Prophet a new form of divorce made its appearance as an innovation (Bid’ah). The husband utters the formula “I divorce you, I divorce you, I divorce you!” in one sitting or conveys it to the wife in writing. This form of divorce leaves no room for reconsideration and no chance for repentance. When these ignorant people pronounce divorce thrice at one and the same sitting, they commit a heinous sin against the percepts of the Shariah. The Holy Prophet has very severely denounced this practice”.
And we see in Sahi Bukhari Vol 9 Hadith 21 (Dr. Muhsin Khan, Medina University): - “Narrated Ibn Abbas – The Prophet said, “The most hated person to Allah are three: (1) A person who deviates from the right conduct, i.e. an evil doer, in the Haram, (2) A person who seeks that the traditions of the Pre-Islamic Period of Ignorance, should remain in Islam, and (3) A person who seeks to shed anybody’s blood without any right.
CONCLUSION: - Sharia Law of triple-Talak upfront violates the Quran that needs at least three months and two witnesses for a divorce to be completed, as shown below:
1. Sura Bakara Verse 228 and 229: - “And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs, if they believe in Allah and the last day; and their husbands have a better right to take them back in the meanwhile if they wish for reconciliation”…... “Divorce may be pronounced twice; then keep (them) in good fellowship or let (them) go with kindness”. –H. M. Shakir.
2. Sura Twalak verses 1 and 2: - “When you divorce women, divorce them for their prescribed time; and calculate the number of the days prescribed………So when they reach their prescribed time then retain them with kindness and separate them with kindness, and call to witness two men of justice”.
These verses clarify that (1) the husband can cancel the divorce within three courses, i.e. three months. So the divorce cannot be complete until three months. (2) Two men are needed to witness the divorce. Normally the triple-Talak, especially in a heated domestic moment or through a telephonic call or message left in answering machine, occurs without two witnesses.
As the Quran is clearly against tripe-Talak in a row, the AIMPLB does not have a choice but is obliged to uproot this horrible anti-Islamic practice as soon as possible, for the betterment of Indian Muslims and to set an example for world-Muslims. The All India Muslim Women's Personal Law Board (AIMWPLB) is recently created only because AIMPLB are yet to bring justice to Muslim women. A senior member Maulana Sajjad Nomani told reporters about AIMWPLB - "It is nothing but a joke. We strongly condemn it". But as history tells us it might seem like a joke to some blind privileged, but it is struggle of victims that continues while social progress is codified.
I doubt it if AIMPLB has any women Board members. It remains incomplete without leadership, boldness, achievement and women-leadership. AIMWPLB may prove itself as a better alternative for Muslim’s progress. After all, we men have played god in their lives for much too long; it is time they take over and prove their worth.
I believe they will not fail but amaze us with success. After all, there is no such word called “Matriarchy” to play with Islam.
Salaam to all.
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Dr. Shaheen Ansari comments : If still our sisters still expect MASIHA then there is serious something wrong with them. they have to understand that it is their fight and they should lead it.
I am very happy to learn this news and I fully support this new formation. I will ask Muslim girls in JNU, New Delhi to join this forum and strengthen it.
May Allah lead bless all of u to make it a successful movement. I should warn here that never go for short cut. It will never lead you to a longer goal. and also kindly do remember, you are fighting not with men but men psyche, who things superior to women. It should also be kept in mind that the struggle will take a longer period. so be ready for that.
Dont you really and sincerely feel that people living in one country should all have a common law irrespective of their religious affilitaions. Is it really possible to have parallel legal systems in the long run?...Why are some people so rrigid.
Lets remember Mahatma's words :- Ishwar Allah tere naam......
Bye..Long live peace and humanity
Ritu Bhatia comments : tarannum u better concentrate on ur work instead of over involvement in such rackets
Mohammad Akram Khan comments : Hatim Educational Information centre 194/24.L.P.Road Wazirganj lucknow.226018 UP India www.aboutheicindia.tk
Assalam alaikum
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Thanks alot Mohammad Akram Khan Founder 0091-9839237737
