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Trial by Talaq (Interview of Mujahidul Islam Qasmi)

Trial by Talaq (Interview of Mujahidul Islam Qasmi)

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.
 


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