The body Islamic seems to have convulsed with traumaafter it has beenadministered the potent dosage of phased talaq vaccine. This has made almost verticalrift in the clergy – the moderates welcomed it asdeparture from the oppressive triple talaq at one go.The more orthodox and rigid clergies fumed withrage, threatened to stall the AIMPLB’s progressiveinitiative. Among many in the present politicaldispensation it is the horror Shah Banu revisitedwhich had shorn the Congress of its cutting edge. TheCongress was sucked into the whirlpool of obscurity.The present political dispensation cannot afford totinker with the cork that prevents the djinn (demon)of muslim rage to escape from the proverbial bottle.The literal meaning of nikah is the merging of twoopposite sex. Once the two individuals marry they gettied to a contractual bound, which is assumed to be aneverlasting bound. To breach this bound is akin toseperating two vital organs connected by lifesupporting system. It is an extremely delicatesurgery. The surgical method applied to separate thetwo is the concern of scholars deft in Islamicjurisprudence and Shariat as well as Fiqeh.
In Muslim Personal Law, there is a provision of triple
talaq – or the thrice recitals of talaq, talaq,
talaq— which makes the separation legal (even if itis done in inebriated condition!).
However, there are two almost diametrically oppositeschools of thought which interprete this crucial issueinto different light. The supporter of liberal schooland the president of All India Ulema Mashaikh Council,Allama Bunai Noaim Hasani spoke to Jawed Khurshid.
Jawed Khurshid (JK): Why talaq is so easy in Shariat ?Why a girl who sacrifices her parental home and hearthis thrown into the vortex of arbitrary triple talaq ?
Allama Bunai Noaim Hasani (AB) : There is no scope forsuch talaq in Shariat, because Shariat cannot beamended or changed. It is the Fiqeh law that can be amended in the light of Holy Quran. Fiqeh laws were formulated by Islamic scholars in the light of Shariat (Holy Quran and Hadith) which govern the lives of muslims. There are seven different Fiqehs such as Hanafi, Slafi, Shafei, etc. The fatwas are given in the light of these Fiqeh.
JK: Is triple talaq recited at one go results into divorce? Does Shariat permit such divorce?
AB: This article relates to Fiqeh , not Shariat. The Fiqeh that a majority of Sunnis follow is Fiqeh Hanafi which allows such talaq. However, few Islamic sects such as, Ahmadiyya, Shia and Ahle-Hadith condemn such unethical practice which has became means to traumatise muslim women. Unfortunately in India, roughly 70% muslims still believe in triple talaq.
JK: AIMPLB’s proposal to draft such nikahnama which has a provision of increment in the amount of Meher (alimony). Does this going to stem the rot?
AB: No it has an ominous portent. It is akin to resorting to one evil to remove the other. This will make nikah more expensive and difficult for our millions of brethren those who are reeling under this hard inflationary time. Moreover, this could result into the spurt in the incidences of rape and violence. This would be contrary to the spirit of Islam, which warns us against making nikah difficult.
JK: Suppose a man’s in-laws employ coercive methods to to get his (husband's) approval to divorce his wife — What does the Shariat say under such circumstances?
AB: Only Fiqeh Hanafi permits such talaqs. Other Fiqehs have no such provisions.
JK: Why is talaq so easy in Fiqeh Hanafi?
AB: Even in Fiqeh Hanafi talaq is not that easy as it is being portrayed. There is an alternative method of giving talaq called Leaan. Leaan can be understood by the following illustration: If a man happens to find his wife in a compromising position with another person (adultery), even under such critical condition Fiqeh Hanafi does not permit the husband to divorce the wife on the spot. The dispute must be placed before a Qazi (Judge of a Islamic court). The qazi after hearing both the parties will give his ruling that must be acceptible to both the warring groups.
JK: How could the muslim society be bailed out from such arbitrary talaqs?
AB: The solution to these arbitrary talaqs is mentioned by Allah in the Holy Quran in only three words in its second verse of Sura Talaq (Talaq Chapter). It says, Washhadu zu adlim minkum — “Omankind! When thy give talaq to thy wives make sure ofmaking two judicious witnesses to this.” Thus, it becomes ample clear that any judicious and God-fearing witness won’t be a party to such imprudent act
