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Islamic system of marriage, divorce is best

New Delhi: A discussion/conference on ‘The Validity of Three Talaq’s was held in Plenary Hall of Indian Law Institute in front of Supreme Court of India on 2 October in which senior lawyers of Supreme Court, ulama and Muslim intellectuals took part. Speaking on this occasion, Mufti Muhammad Nizamuddin Rizvi Misbahi, president of Jamia Ashrafia Mubarakpur said that three talaqs in one sitting is the thing most disliked (by God) amongst the things and acts permissible by Him but if some one pronounces it i.e. 3 talaqs is one sitting, all the three talaqs will take place simultaneously and the marriage contract with the woman (wife) will be terminated then and there. He said that marriage or nikah is truly speaking a contract and a contract can be terminated face to face i.e. in the presence of both husband and wife and verbally also or by sending a letter to this effect from another country, by sending fax and/or email etc also. Marriage contract also can be terminated in these ways i.e. talaq or divorce can be pronounced from any place. He said that provision of divorce is of course there in Islamic Sharia’t and at the time of marriage there is also the proviosn or scope of conditions (Shartiya) and subsequently also the right to obtain divorce from the husband can be got in written form. The wife can ask the husband to give her the right to divorce in writing. However, the wife also has the right to seek divorce. There is agreement in the (Ummah) on this point. People of all sects: Hanafi, Shafa’ee, Maliki etc, all jurists agree to this. They all agree that three talaqs are always three talaqs. Intellect and common sense also accept this and in mathematics also three is always three and in no country or religion three can be considered as one. Hence we should remove the common misunderstanding that pronouncing three talaqs in one sitting means one talaq only.

The representative of Muslim Personal Law Law Board Kamal Ahmad Farooqi said while speaking on this occasion that the Supreme Court has asked the central government for its clarification or views on the problem of three talaqs but it is unfortunate that the attitude of central government is against Islamic law. Hence, in this respect Muslim Personal Law Board will try all possible legal ways, within the framework of the Indian Constitution, to secure the constitutional rights of Muslims. Kamal Farooqi said that Muslim Personal Law enjoys the support of Constitution of India i.e. the Constitution accepts Islamic law including personal laws.

Women lawyers of the Supreme Court and representatives of Mahila Morcha asked many questions about Muslim Personal laws, divorce etc to which Mufti Nizamuddin and Kamal Farooqi provided satisfactory answers. Fazlullah Chishti, engineer said that Indian Constitution has given us legal and constitional rights to follow and practice our personal laws and the government cannot abolish constitutional rights of minorities, adding that Indian Constitution has given us Muslim personal law rights, not Muslim criminal law rights.

Rupunder Singh Suri, senior advocate of Supreme Court who presided over this discussion / conference, in his presidential address asked ulama and Muslim religious leaders to remove the misunderstandings about triple talaq, start reform movements, remove the objections of those people who have only superficial knowledge about Muslim personal laws, triple talaq etc. He (advocate Suri), while quoting Justice V. K. Aiyer’s views said that in no other religions and in no laws of other countries of the world the rules and systems of marriage and divorce are as good and comprehensive as in Islamic Shariat.

In addition to the people mentioned above, others who took part in this discussion / conference included Jamat Ahl-e Sunnat’s renowned scholar Maulana Yasin Akhtar Misbahi, Maulana Zafaruddin Barkati, Adesh Agarwal, Shahid Azad (advocate), advocate Ashok Arora etc. Among the audience were Mrs. Kumud Lata Das, Mrs. Rubina Javed, Aditya Ranjan, Dr. Prabhat Kuamr, Ajay Amrit Raj, Mrs. Fatema Nomani, Mahhinder Pratap so on and so forth. 

This article appeared in The Milli Gazette print issue of 16-31 October 2016 on page no. 14

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