Author: S Balkrishnan
Publication: The Times of India
Date: June 6, 2004
Opinion is divided in Mumbai's Muslim
community over the validity of Sheikh Sharu's 'divorce' from his wife,
Najma, after he uttered 'talaq' thrice in an inebriated state in Bhadrak,
Orissa.
Said Sohail Rokadia of the Raza
Academy, "Sheikh Sheru's grant of 'talaq' has the sanction of the Shariat.
Shariat is sacred and nobody should interfere in it."
Maulana Quddus Kashmiri, secretary
of the Ulema Council, endorsed this. "It is significant that the man in
Bhadrak uttered the words 'talaq' to his wife and not to anyone else. Hence,
the divorce is valid as per the Shariat law. No one can change that."
However, the chief kazi of Mumbai,
Mehtab Hussain, questioned whether the drunk husband was able to recognise
his wife when he gave the 'talaq'. "If he was so drunk that he did not
even recognise her, then the 'talaq' is meaningless," he said. He added,
"There should be a one month gap between the three utterances of the
word 'talaq'. This was not the case in the Orissa incident."
Lawyer Majeed Memon pointed out
that "the drinking of liquor itself is a violation of Koranic laws and
hence a divorce effected under its influence cannot be legal". Backing
Memon's stance is chairperson of the Maharashtra Women's Commission,
lawyer Nirmala Samant-Prabhavalkar. "It will be a gross misinterpretation
of the Koran if a 'talaq' given under the influence of alcohol is considered
valid," she said.
Noted Islamic scholar Rafiq Zakaria
said that the triple 'talaq' was a questionable practice. In any case,
the Koran enjoins upon Muslims to aim at reconciliation between the husband
and wife and only after all avenues are exhausted can a divorce take
place, he pointed out.
A Muslim woman activist, who preferred
to remain identified, said that it was time the Muslim community did
some introspection and ensured that Koranic laws were not distorted by
"so-called leaders to suit their convenience".
