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Nikah and Talaq: an imposed agenda
By Husna Anjum

Seemingly endless discussion on nikah and talaq by our top ulama has made me sleepless. I as a woman cannot help imagine the controversy on issues that are practically dead. Our great ulama who are discussing fervently modalities of nikah and talaq and issue like talaq under the influence of alcohol are losing energies on issues that least concern a modern woman. 

Nikahnama or talaqnama as I take it if relations are soured and one can not adjust with her spouse, is of no use, because two hearts have moved away and no hope is left alive that could reunite the duo. When hearts have failed to adjust the bodies have no option save to follow their dictates. Efforts of reunion will prove useful only if there is some affection left hiding deep down the heart. In otherwise case no reunion of heart is possible. Bodies are free to live together but relation will never be same. And when it happens the best course possible is to part your ways.

The All-knowing Almighty, I believe has given the option of divorce solely for this purpose. When all options of a married couple run in troubled waters it is the best course. And one should take it as something of a face saving formula.

Some people particularly the feminist and a few ulemas under their influence have been demanding banning of three divorces in a single sitting. It is allowed by the Almighty Allah and none has bestowed them to do so even in good faith. They may be doing it in good faith, but as they are mistaken they should be warned against taking such a step. At times it is found that both can not stay together in any circumstances and if waited for three menstrual period it may cause great harm to the duo bodily and psychologically. At that juncture three talaqs in a single sitting become essential. At time like this its usefulness is realized. Islam makes parting of ways graceful for both the parties concerned and there is no use in forcing any of the two in a relation that does not bring happiness to both.

The Muslim Personal Law Board in its latest convention held recently in Bangalore tried to explore the possibility of arming the women with talaq. In their proposed nikahnama that was distributed before the convention among the delegates, it was discussed that women in particular conditions can pronounce talaq that will be effective for the separation of a couple. Has the Board been so much influenced by the feminist that it has started thinking in ways that does not suit for a momin. Women’s right of separation has been considered by Islam and they have been given right to seek separation through Khula. It will be of no use for either the woman or anyone else to go to such extreme in pleasing the feminists or anyone else. 

Muslims in this country have been marred with a plethora of problems. They are at the lowest ebb in the society. We all know it as an undeniable fact. But we are bent on squandering precious opportunities that we could have used for our own development. The overall development of the Muslims would have ensured a better and respectable status for women in our society. But unfortunately with the passage of time we have forgotten to work on constructive issues and have picked up the psyche of failed communities. It is that psyche that has reduced Muslims to mere eyewitness to the happenings and not a player of any consequence in this country.

Were the ulema running the MPLB sincere enough, they would have taken up some more important issues affecting a large segment of the Muslim community in the country. They would have taken up the cause of those ladies who spend their whole life waiting for a groom, or those who are set ablaze for a simple reason of not bringing enough dowry with them. They could have given attention to other important issues like providing girl child a just status in the family through providing her equal opportunities available to boys in respect of education, nutrition and other things. 

Our sole emphasis on issues like nikah and talaq and other issues like these have made us a laughing stock among other communities in the country. It is time that we take a cue and give attention to issues that hold greater importance for the Muslims in the country.

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