Issues

Triple Divorce - The best solution

I think, instead of  having an everlasting controversy over ‘triple divorce,’ the best solution is that those afflicted by this evil, and are repentant over their act, must be encouraged to seek ‘fatwas’ only from the ulama of Ahle-Hadees. A trend  in this direction is perceptible as I have seen a few cases where a Deobandi or Bareilvi maulvi, being himself unable to deviate from his determined position, but sympathizing with the repentant husband, has  sent him to some Ahle-Hadees maulvi to seek his fatwa and finally the matter was reconciled as Ahle Hadees  consider all varieties of triple divorce as just one talaq. Though I do not fit into the tight compartment of any sect, but I still find Ahle Hadees more logical and rational in their approach and conclusions. There are certain constraints for those who support triple divorce, though privately they concede its infirmities, so ‘fatwas’ from Ahle Hadees ulama may offer the best solution under these circumstances.

Regarding the Uniform Civil Code, in my view, it is simply a fiction or ghost created for the next year’s assembly elections, and will disappear soon thereafter. Let me reiterate that in a country like India which has thousands of minor and major faiths, religious dogmas, cultures etc, firstly, such a single code  is simply a figment of imagination, and secondly, even if framed, it will remain a dead legislation, like Child Marriage Restraint Act and Anti-Dowry Act. I think, the government has deliberately unleashed this demon to provide jobs to thousands of Hindus and Muslims who will appear before their respective audiences with different appearances and charge heavy payments  from political parties. For one group, the country is in danger without Uniform Civil Code, while for the other  ‘Islam will be in danger’ if  Uniform Civil Code is implemented. The drama and slogans will continue till the forthcoming assembly elections. That is all.

Dr. Mustafa Kamal Sherwani
Lucknow
sherwanimk@yahoo.com

This article appeared in The Milli Gazette print issue of 1-15 November 2016 on page no. 2

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