Author: Andalib Akhter
Publication: The Times of India
Date: May 18, 2001
Muslim women's rights are being
discussed openly within the community as never before. First it was the
inclusion of women in the All India Muslim Personal Law Board (AIMPLB).
Now there's a campaign against the misuse of triple 'talaq'. Although Qazi
Mujahidul Islam Qasmi, Islamic scholar and chairman, AIMPLB, does not favour
deviation from 'Shariah', he says he is committed to protecting the rights
of Muslim women as enshrined under Islamic law. The Qazi recently convened
a national conference of Muslim women in the Capital to assess their problems
and conditions. He spoke to Andalib Akhter
Q. It was for the first time that
the AIMPLB convened a meeting of Muslim women. What inspired you to do
this?
A. It was being reported that women
are not being treated well, that their suffering is caused by the husband,
in-laws and others. We are pained to hear this, especially since it is
happening in the houses of followers of a religion (Islam) that accords
special status to women. The issues of talaq, expensive marriages and dowry
demands have been bothering us for long. We wanted to get first-hand information
which is why we invited Muslim women, including NGO representatives, for
a meeting.
Q. How did the meeting go?
A. The response was overwhelming.
The assembled women discussed their problems before us without any hesitation
and we listened to them carefully. Women delegates from different states
discussed the problems they face. The problems and condition of women vary
from state to state. Some of the issues raised were: Polygamy, triple talaq,
right of inheritance, forced marriages and illiteracy. We learnt from the
conference that Muslim women are not aware of the real meaning of Islam.
They do know their duties but are hardly aware of their rights enshrined
in Islam. We can not deny that they are facing a lot of hardships. The
ulema have been concerned about this.
Q. Are you going to help change
Islamic law?
A. Who am I to bring about changes?
It is Allah's law, we can not change it. All we can do is to see that Muslims
practice Islam in its true essence. Islam is a religion that has kept everything
under its Shariat (Islamic law), clause by clause. For example, there should
be Nikah. Islam is based on the dictums of the adl and ehsan. The adl means
to do justice and give the genuine rights of others and ehsan means give
others more than his or her rights. Similarly, husband and wife, according
to Shariat, have to give more to make each other happy and it is not only
for the fulfillment of religious obligation, but to join two hearts.
Q. Then how will you help improve
their present condition?
A. First, literacy. Then, we'll
make them aware of their religious rights so that they can not be subjected
to atrocities committed under the guise of Islam.
Q. But what about talaq and polygamy?
A. We are aware of the issues.
Talaq affects not only husband and wife but the whole family and to a large
extent, society. If one talaq is given out of three, both parties will
have the time to reconsider talaq. The meaning of triple talaq is that
it is final talaq. Its misuse has destroyed many households. Poor and weak
women suffer the most.
Triple talaq is permitted; it can
not be ignored. But the question is, why is triple talaq pronounced? We
should create an environment where triple talaq cannot be declared summarily.
Earlier, the panchayat used to conduct the triple talaq. We've stopped
that. Now the panchayat sends the matter to the Darul Qaza, the Islamic
court. There, both parties are invited and their view is listened to, individually.
We try our best for reconciliation. If reconciliation is not possible,
we allow the husband to pronounce one talaq so that the decision can be
re-considered in course of time. But if everything fails we consider his
other talaq. After all, the dues of the woman is cleared as promised at
the time of Nikah. She is paid her Mehar, plus expenditure of four months
and the expenditure of the children. The matter of instant triple talaq
is accidental, sentimental and is taken in a hurry. Gussa men aaya, kuch
socha na samjha, talaq de diya. It is unfortunate; it should not happen.
Q. Can not the very practice of
talaq be scrapped?
A. No, you can't do this. If there
is no such system, the husband, who does not have a harmonious relationship
with his wife, will either torture her or kill her. This will be more dangerous
for society. Islam is based on practical experience.
Q. And what about Nikahnama?
A. We are scrutinising the drafts
of Nikahnama sent by many ulema and women's bodies. There are many proposals
which I think is not acceptable. For example that a man should marry a
second wife with the permission of first wife. I think it's unnatural.
No wife will allow this. For this, men will get written permission by intimidating
the first wife. So it goes against the essence of Islam.
Q. Has the AIMPLB only taken up
the cause of women after pressure from progressive women's organisations
and movement for a Uniform Civil Code?
A. You see every thing has a fixed
time for it. Earlier we were involved in some other issues such as the
Babri Masjid, and communal violence. Each time, we were preoccupied with
the problem that bothered the community the most. We had intentions for
long but we got started late.
We haven't started the process under
pressure from any quarter. We were aware of the facts and we have already
started some work at ground level and work is going on. I have written
many books on talaq and it was distributed too. Lectures are also going
on, advising people not to take the decision of talaq in haste. They consult
us. Now we receive formal applications for talaq
Q. How much time will you take to
convey your message to the people?
A. The work has already been started.
It is difficult to give a time frame. I hope we will soon reach our manzil.
We will organise workshops in all states and subsequently the districts.
To popularise the movement the Imam of every mosque will be held responsible
for this. We are preparing sermons for them so that they can disseminate
the message to every member of the community.
Q. Have you have asked for legal
sanction for the Darul Qaza, the Islamic court and also financial help
from the government to establish them?
A. This is not true. We will establish
Darul Qaza every where and the process has already been started. But if
you don't get an able Qazi (religious judge) the matter will be more complicated.
That's why we have established an institution in Patna where we train Qazis
and Muftis. Two batches are already out and we have observed them. We're
also making an arbitration council where women will also be included.