Home Religion & Spirituality Between Triple Talaq and Shariah Law: The law is not oppressive the...

Between Triple Talaq and Shariah Law: The law is not oppressive the men misusing it are

680
2

It is imperative for human beings to exist in association and dependence with other humans as a part of society. Differences of opinions are expected when one co-exists with the people of different tempers and ideologies. Marriage being an institution founded on the principle of coexistence is obviously prone to the vagary that is human dissension.

In Islam, as in every civilization and religion, marriage is regarded as sacred and every measure is appreciated to save this special bond. In Hinduism, marriage is one of the obligatory duties that must be upheld by both the parties throughout their lives. The concept of ending such a contract through divorce is alien to Hinduism as a religion. Christianity follows similar suit in its emphasis on permanence and integrity of marriage. The Catholic church prohibits divorce while the Eastern Orthodox church and most Protestant churches permit it under some circumstances. Islam on the other hand, treats divorce as a permissible option when all efforts of reconciliation have failed. In the presence of irrevocable differences, procedures have been stipulated for deranged couples to part their ways amicably.

When Prophet Muhammad (Peace be Upon Him) was sent as a messenger to the valley of Makkah, he found himself standing against a tribal system that was deep-rooted in ignorance and misogyny. Women were treated as commodities to be owned.  Men could marry them as they wished, torture them in their houses and divorce them as they pleased. There was no restriction on how many times a man could divorce and remarry a woman which would lead up to men taking back their divorced wives  and another cycle of torture and sorrow would ensue.

In the background of such a barbaric society, Islam was born and the principles of equality and justice were received as a sigh of relief for the enslaved women of the Arabian peninsula, in particular and the world in general.

The Islamic system of divorce has provisions for both men and women. The dissolution of a marriage can be done by the husband in the form of Talaq, by the wife in the form of Qula (separation) and Qazi (Islamic Magistrate) by Fisq-e-Nikah.

The bottom line remains this– the matter is being blown out of proportion and used as a tool to interfere with the religious freedom our constitution provides us with. Islamic Fiqh (jurisprudence) requires extensive understanding, one that can not be done on prime time debates. It must best be left to the experts.

Talaq is the least liked of all permissible acts and must be carried out in a gradual process mentioned in the Qur’an and at no point must the wife be tortured by her husband. The Qur’an teaches Muslim men to treat their wives like a Queen or let her leave with grace.

“Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah . But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah – it is those who are the wrongdoers.” (2:229)

A Muslim who wants to divorce his wife must pronounce it verbally when his wife is not on her menses. Following this declaration, the iddat (waiting period) begins. During this period, the wife is required to stay at her husband’s house and he must continue to feed and clothe her. This gives the couple time to sort out their differences. The husband has three months to take his wife back. If after this waiting period, he fails to do so,  she is considered divorced and must be allowed to leave her matrimonial home with dignity and honour.

“And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest. And remember the favor of Allah upon you and what has been revealed to you of the Book and wisdom by which He instructs you. And fear Allah and know that Allah is Knowing of all things.” (2:231)

Triple Talaq—these two words have dominated the discussion and debates all over the country. It is a concept less understood by many in the Muslim community and otherwise.

It refers to the practice of pronouncing Talaq three times at once with the intention to completely sever the bond between a man and his wife. It is a practice that was vehemently disliked by the Messenger of Allah (PBUH) and his rightly guided companions thereafter. During the time of the third caliph of Islam, Umar Ibn Khattab (May Allah be pleased with him), a man found to practice Triple Talaq would be punished. It was a legislative decision to stop a practice that is morally wrong.

The theological implications in such cases must be understood. Triple Talaq is disliked but the question if it dissolves the marriage or not, is something no law or constitution can decide. Every case is different and it must be referred to the experts of the field, namely the Islamic scholars.

The fact remains the same. Triple Talaq is an issue that is ours, as a Muslim community and one that exists because of lack of knowledge of the divine Shariah law. It is an issue that requires social reform and awareness from within the community and frankly, not an issue to be discussed on a national platform because this is not the forte of our television anchors.

Like a medical case is best addressed by a doctor of the required specialty and not a layman who’s googled up the diagnosis, these cases must be referred to the Fiqh experts who’ve spent the better part of their lives studying the intricacies of the Islamic shariah. Any interference from outside the Muslim community will only be counter-productive.

It is heartening to see that the present government is turning its attention to Muslim women and their problems but it is frustrating to see those concerns directed at issues that hold not much significance to a good majority of Muslim women. This attack on Triple Talaq and the hullabaloo of Uniform Civil code feels more like an attack on our religious identity rather than an honest attempt to uplift the Muslim masses.

The Sachar committee report that has extensively laid down the problems afflicting the Muslim community no where mentions Triple Talaq as a rampant issue. Divorce rates in the Muslim community have always been low with only a marginal rise from the 2001 to 2011 census. The present government has made a mountain out of a  molehill to make it seem like Muslim women everywhere are oppressed and enslaved by their religious laws when a claim like that is outrageous at its core.

The shariah is a divine law that rests on justice that is amply signified by the correct procedure prescribed in the Qur’an. The law isn’t oppressive, the men misusing the law are.

Educating such men on the correct ruling of the Shariah is the solution and this is something the Muslim Personal Law Board has always strived for. Problems faced by women according to the Muslim Mahila Andolan report are the same regardless of religion or caste, namely alcoholic husbands, domestic abuse, dowry harassment, women insecurity and gender disparities in family set ups and education. Poverty, unemployment and  illiteracy are the major issues plaguing the Muslim society as a whole.

Triple Talaq is a symptom of the disease of gross ignorance of Islamic Shariah and the misogyny prevalent in the Indian subcontinent. This issue, though uncommon, requires reform at the hands of experts of Islamic law. The state can not impose a ban on it with minimum knowledge of the circumstances and the system surrounding it.

The case of Saira Banu that’s being used to justify this interference of the government into religious rulings is a classical example of the synergistic influence of social and religious illiteracy. If one woman, on the basis of lack of proper Shariah knowledge, files a complaint in the supreme court asking for justice, her case must be dealt on a personal basis and her grievances addressed. This can not however be used as a base to curtail the religious rights of other Muslim women who are otherwise satisfied with rulings of the divine Islamic law.

The bottom line remains this– the matter is being blown out of proportion and used as a tool to interfere with the religious freedom our constitution provides us with. Islamic Fiqh (jurisprudence) requires extensive understanding, one that can not be done on prime time debates. It must best be left to the experts.

At the same time, the Muslim community needs to wake up and address the social issues concerning Muslim women and society in general. This is not the time to just oppose the other side and remain complacent. We have a problem we need to address and social reform is the need of the hour. We need to come together with the Muslim Personal Law Board, support it and work together to address the issues, however small or rare they may be. This is essential to preserve our constitutionally-bestowed religious freedom for the generations to come.

2 COMMENTS

LEAVE A REPLY