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Published in the 16-31 Jan 2005 print edition of MG; send me the print edition

"Nikahnama, interference in Islamic laws"

Deoband: Maulana Abdul Khaliq Madrasi, Deputy Reactor of Darul Uloom, Deoband while opposing the model Nikahnama of AIMPLB, on November 3 said here that such efforts are interference in Islamic laws. The drafting of model nikahnama by AIMPLB, he said without naming the board that no interference in Islamic laws can be allowed through Shariat or in any other way to twist or distort Islamic laws.

He said that even if restrictions are imposed on men by a Nikahnama, it is difficult to bring to an end, and do away with the evil practices in matters related to divorce. Therefore what is needed is to awaken the religious sense and eradicate illiteracy among Muslims because ignorance is the root cause of all evils. When the Muslim society will become educated they will try to find solution to their problems in the light of Islamic laws.

Maulana Madrasi clarified that the use of telephone, internet or any other modern means of communication for solemnizing nikah or pronouncing divorce is no bar from the Shariat point of view. Nikah can be solemnised on telephone or internet by making any one to act as a witness or a lawyer. Similarly, if e-mail or other means of communication are used for pronouncement of divorce it may be effective, but it should be confirmed through letter and communication in case of some doubt about the divorce. Rejecting the possibility of fraud or deceit by e-mail divorces, he added that the possibility of cheating through e-mail is much less than other means of communication because every one has his or her own private e-mail ID and to open it requires secret codes.

The maulana said that in Islamic laws problems of marriage and divorce have been described in details that are sufficient to meet the requirements of any place or time. No divine law or rule can be changed. Rather, a strategy should be formulated by which all sections of Muslims could lead their lives according to Shariah

He said that the problem of triple talaq was not new. There are complete details in fiqh books and documents about it. If one pronounces triple talaq in one sitting, divorce will be valid but this method of divorce is against Islamic principles. Muslims take recourse to triple talaq because of ignorance, lack of religious sense and practical negligence.

Expressing resentment over the media highlighting the problems related to marriage and divorce he said that in fact media has no interest in the private affairs of Muslims. It is interested only in sensationalising and exaggerating non-issues. Media cannot be allowed to play with personal and familial problems of Muslims.

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