Wednesday 1 November 2017

Islamic Modernism and Sir Syed Ahmed Khan by Nehal Ahmad Nadwi


Islamic Modernism and Sir Syed Ahmed Khan
Introduction
Modernism could be defined precisely as a movement to reconcile Islamic faith with modern values such as democracy, equality, natural and intrinsic rights, nationalism, rationality, science and unprecedented progress that emerged in the middle of the 19th century as a response to European colonialism which pitched the Muslim world into crisis. Originally, the starting point of modernism might be traced as a response of Muslim intellectuals to European modernity. They successfully convinced that Islam, science and progress, revelation and reason, were indispensable and compatible. They did not simply wish to restore the beliefs and practices of the past; rather they asserted the need to ‘reinterpret and reapply’ the principles and ideals of Islam to formulate new responses to the political, scientific, and cultural challenges of the west and of modern life. In other words, Islamic modernism was an attempt to reach a medium between adaptation and rejection. Hence, “the most prominent intellectuals who pioneered the modernist visions and agendas and played an important role in this enterprise were Jamal al-Din al-Afghani (1838-1897) and Muhammad ‘Abduh (1849-1905) in the Middle East and Sir Syed Ahmad Khan (1817-1898) and Muhammad Iqbal (1877-1938) in South Asia.”[1]

Islamic Modernism and Sir Syed Ahmed Khan

I would like to draw your kind attention to few points on the basis of which I, theoretically, perhaps would be able to prove the relevancy between Islamic modernism and Sir Syed Ahmed Khan. Firstly, Sir Syed Ahmed Khan as a great “modernist” thinker who interpreted Islam in a rational, scientific manner and established and initiated various educational programs to foster Western sciences among Muslims and to uplift the down trodden Muslim community; Secondly, as an “architect” of ‘Two-Nation Theory’, which led to the partition of India and the creation of Pakistan in 1947, and; Thirdly, as a “heretic” (or “deviant”), since he emphasized, by bypassing the hadith, “direct recourse to the Qur’an” and rejected, on rational basis, angels, heaven, etc.
In my humble opinion, Islamic modernism of Sir Syed Ahmed Khan is something beyond traditional exasperating misconceptions. His perception of Islamic modernism so lucid is and gargantuan which could not be described in such a short span of time. He, in fact, implemented the very notion of the Hadeeth that “wisdom is the lost property of the Believer, so wherever he finds it then he has a right to it”, in his daily life. In the light of the pious and precious verse of the holy Quran and the traditions of the prophet, he tried to reinterpret the messages of Islam throughout the world as per the requirements of time and circumstances of the cases. Remarkably, he set out to initiate a reformation, to boldly redefine or reconstruct Islamic beliefs and thought, to reform Islamic theology and law. At the same time, he emphasized Muslim pride, unity, brotherhood and solidarity to face the political, economic, legal and cultural threat of European colonialism.
It goes without saying that Sir Sayyid Ahmad Khan (1817-1898) was an Islamic modernist writer, educational and political activist, and a reformer. In addition to this, he was the one who rejected blind imitations as per the notions of the Holy Quran (Taqlid) tried up to the large extent to make the Muslim community aware about the significance and relevance of Science-Religion Compatibility. The modernist thinkers like Sir Syed had to struggle, firstly, with the issues of power and powerlessness, identity and assimilation, and modernity and traditionalism; and secondly, he has been determined to stimulate new thinking on contemporary issues and to demonstrate that Islam is a dynamic religion that calls for continuing intellectual review of both “normative” and “historical” Islam in order to construct “modernist, enlightened, just, forward-looking, and life-affirming Muslim societies.”[2]
In the emergence of Islamic modernism, it is evident that it called throughout the Muslim world for a reformation (islah) and reinterpretation (ijtihad) of Islam. Besides this, Islam is a very flexible religion which fulfills the need of the time in accordance with the provisions of the Holy Quran and Sunnah. It goes with the march of time and development of civilizations. It acts as a catalyst to boost social transformation thus saving the society from stagnation. It embodies within it, a host of ideals such as morality, justice, reason, good conduct, freedom, equality, liberty, ethics and so on.
Islamic modernism had an ambivalent attitude toward the West, a simultaneous attraction and repulsion. Europe was admired for its strength, technology and political ideas of freedom, justice, and equality, but often rejected for its imperialist goals and policies. Reformers like Afghani, Abduh, Sir Syed Ahmed Khan and Iqbal argued the compatibility of Islam with modern science and the best of Western thought. They preached the need and selective synthesis of Islam and modern Western thought, condemned unquestioned veneration and imitation of the past; reasserted their right to reinterpret (ijtihad) Islam in light of modern conditions; and sought to provide an Islamically based rationale for educational, legal, and social reform to revitalize a dormant and impotent Muslim community.
Moreover, Muslim reformers emphasized the “dynamism, flexibility, and adaptability” during the early development of Islam. This time period was distinguished by Islamic accomplishments in the sciences, law, and education. The same conceptions were being followed by the Muslim modernist scholars and reformers so as to propagate the real messages of Islam in the entire world. Thus, they played an important role of harmonizing, synthesizing and promoting peace, amity and unity and at the same time they protected the public interest, injustice and tyranny.
While in South Asia (or Indian Sub-continent) Sir Syed—devoting his life to religious, educational, and social reform—called for a bold new theology and reinterpretation of Islam to respond to modern change; and acceptance, not rejection, of best in the western thought; and Muhammad Iqbal—combining what he thought to be best of the East and the West, his Islamic heritage and Western philosophy to produce his own synthesis and reinterpretation of Islam—called for the reconstruction of religious thought (in Islam) to revitalize the Muslim Ummah.
Syed Ahmad Khan (1817-1898) was an Islamic modernist writer, educational and political activist, social reformer, theologian, journalist and the chief organizer of the 19thcentury modernist Islamic movement in Indian sub-continent, whose name stands out prominently as a dynamic force against conservatism, superstition, inertia, and ignorance in the history of India’s transition from “medievalism to modernism”.[3] And in the words of Prof. K. A. Nizami, Sir Sayyid was “one of the most towering personalities in the galaxy of the 19th century Muslims reformers”, who occupies significant place in the modern history of the Indian subcontinent. He zealously worked to bring about a “change in the Muslim thought and behavior” and in fact, “he ushered in the dawn of an era of intellectual renaissance in India and contributed many essential elements to the development of modern Indian society.”[4]
In his religious thought, he was a “rationalist”, who emphasized a rational approach to Islam; and his undaunted confrontation of Islam with modern thought and his original method of Quranic exegesis inspired by western ideas was no more less than a revolution in the history of Muslim theology. He held the view that there can be no contradiction between Word of God (Qur’an) and Work of God (Nature). By his liberal interpretations, Sir Syed succeeded in paving the way for modern progressive trends in Islam, and he was first Muslim of Modern India to realize the necessity for a new interpretation of Islam that was liberal, modern and progressive. His emphasis on rational interpretation (tafsir), by-passing the hadith, and in rejecting the traditional practices and orientations of the orthodox made him “controversial” and was labeled as “heretic” or “deviant”.[5]
Sir Syed’s achievement as a religious thinker in the context of Islamic modernism can be discerned as grappling with two broadly distinct problems: the rationalization of the minutiae of non-essential dogma, and the liberalization of Islamic law. With regard to the later, his work is dynamic and constructive, and as such has made tremendous impression on modern Islam in general and on Indian Islam in particular. The holy Qur’an repeatedly asks Muslims to change themselves and to constantly strive to change the world so that it could become a more just, equitable, and peaceful abode for humanity (e.g. Q. An-Najm, 53: 39-41). This is why at the core of Shari‘ah, we find the “principle of ijtihad (sustained and reasoned struggle)” which is concerned primarily “with change and with shaping and reshaping the future.” Sir Syed praised very much the broadening use of ijtihad by Shah Wali Allah of Delhi.[6]
Sir Sayyid decried taqlid which in his opinion was responsible for the decline of Islam. For Sir Sayyid said, Ijtihad (innovation, re-interpretation with the changing times) is the need of the hour. Give up taqlid (copying and following old values). He gave a call that the Muslims could not progress without acquiring knowledge of modern sciences and technology.
In keeping with his rationalist mindset, Sir Sayyid stressed the importance of ijtihad and a rational interpretation of Islamic religious sources and thought. He believed as well as considered this to be necessary, in order to make Islam acceptable to the new age, and because he believed that Islam would not be understood by Muslims and appreciated by others unless it was presented in a rational way. He also stressed the importance of relying on the Qur’an and sifting the false Hadith from the reliable ones. He tried to remove “the corrosive elements” and accretions that he believed were seriously detrimental to Islam in his day.[7]
With regard to the religious thought of Sir Sayyid, Muhammad Umar al-Din—one of the three scholars after Hali (the other two being Mawlana Sa’id Akbarabadi and B. A. Dar) who made efforts to show in great detail, how Sir Sayyid’s attempt to reformulate Islam can be placed in the broader context of the history of Islamic thought—argues that Sir Sayyid maintained that Islam is the only religion that can go together with changing conditions and with a new age. For Umar al-Din, Sir Sayyid presented “a new conception of Islam and laid the foundation of a new [Islamic] theology (Kalam).[8]
Sir Syed believed in the compatibility of religion and science, and considered natural law and divine law to be the same, because according to him revelation cannot be opposed to scientific actuality since an agreement between God’s word and work is essential. For him, between the word of God (Scripture) and the work of God (nature) there can be no contradiction. Furthermore, he believed that when there appeared a contradiction between a scientific fact and a religious rule then the latter must be reinterpreted according to scientific evidence. Finally, Sir Syed concluded that “if we keep in view the principles deducible from the Qur’an itself, we shall find that there is no contradiction between the modern sciences, on the one hand, and the Qur’an and Islam, on the other”.[9] He may be considered as a pioneer in what is now called “Inter-faith Dialogue”, and he worked for “greater understanding and goodwill” and harmony among Muslim sects, and between Muslims and non-Muslims.
Sir Syed helped the Indian Muslims to emerge again. His efforts are regarded as a “dynamic and constructive achievement” that made a tremendous impression on modern Islam. In the words of A. H. Albiruni (the pseudonym of Pakistani historian, S. M. Ikram), Sir Sayyid not only filled the big void created in the life of Muslim community by the disappearance of the Muslim rule, but he did more. He bridged the gap between medieval and modern India and gave the Indian Muslims “a new cohesion, a new policy, new educational ideals, a new prose, a new approach to their individual and national problems, and built up an organization which could carry on his work”.[10] B.A. Dar projected this image succinctly as: “He was the first man in modern India to realize the necessity for a new interpretation of Islam that was liberal, modern, and progressive”.[11]
Conclusions
Sir Syed Khan was a great “modernist” thinker who interpreted Islam in a rational, scientific manner and established and initiated various educational programs to foster Western sciences among Muslims and to uplift the down trodden Muslim community. It is the need of the hour to reinterpret the provisions of Islam and sources of the Sharia per excellence in order to harmonize and promote peace and justice and the renaissance of Muslim Ummah. In this today's global world, we need young intellectual Islamic scholars who can interpret Islam and the real concept of humanity to the new generations. This is how we would be able to turn the interfaith visions of Sir Syed Ahmed Khan into reality.


Author: Nehal Ahmad
Class: B.ALL.B (Hons) 3rd Year
Faculty of Law, Aligarh Muslim University
Mob8910456085



[1] Tauseef Ahmad Parray, “Islamic Modernist and Reformist Thought: A Study of the Contribution of Sir Sayyid and Muhammad Iqbal”, in World Journal of Islamic History and Civilization, 1(2): 79-93, 2011, UAE.

[2] Riffat Hassan, “Islamic Modernist and Reformist Discourse in South Asia”, in Reformist Voices of Islam—Meditating Islam and Modernity, (Ed.) Shirin T. Hunter, (New Delhi: Pentagon Press, 2009), 161.
[3] John L. Esposito, Islam: The Straight Path (New York: Oxford University Press, 1998), 127.
[4] K.A. Nizami, “Foreword”, in Altaf Hussain Hali, Hayat-i-Javed (A Biographical Account of Sir Sayyid), English Trans. K. H. Qadiri and David J. Mathews (Delhi: Idarah-i-Adabiyat-i-Delli, 1979)
[5] Muslim Mirror, page 45
[6]  Sayyid Ahmad Khan, Tahzib al-Akhlaq, vol. II, 182-3
[7] Ibid.
[8] M. Umar al-Din, “Sir Sayyid ka Madhhabi Tarz-i-Fikr” (Sir Sayyid’s New Mode of Religious Thought), in N. Quraishi, Aligarh Tehrik: Aagaz ta Amroz [Aligarh Movement: From Emergence to Epitome] (Aligarh: Aligarh Muslim University, 1960) 125
[9] M. Umar al-Din, 125, 163.
[10] A. H, Albiruni, Makers of Pakistan and Modern Muslim India (Lahore: Sheikh M. Ashraf, 1950), 12-13.

[11] Dar, 262

Sunday 15 October 2017

What is my duty as a legal campus ambassador? Nehal Ahmad Nadwi



My plan and strategy as a campus ambassador for promotion of legal research
Introduction

Strategy is the planning or conduct of an operation. In its simplest form, a methodical approach to research is the use of a strategy to locate information on an identified topic. Development of a strategy maximizes efficiency and accuracy through a systematic approach to problem solving rather than focusing on mere serendipity. There is no single correct form of strategy or plan; however, it is the methodical approach to the query—rather than chance—that elevates the quality of the result. Most often, a researcher may select from a variety of strategies. The knowledge and expertise of the researcher and the nature of the query form the basis for any strategy. Perhaps it is easiest to define what does not qualify as a methodical approach to research. Immediately pulling up your favorite search engine and commencing to type upon receipt of a research project does not qualify as strategic, but rather, it is an example of a shot in the dark.

Faculty of Law, Aligarh Muslim University

Legal education is a lifetime commitment, but it is the Faculty of Law, AMU and its Curriculum that provide the foundation for professionalism and all future learning. The graduates of this prestigious faculty work in an increasingly complex and rapidly changing world and use their legal skills in a wide variety that the institution is committed to preparing law graduates for the practice of law and for political leadership, public service, and community participation and to add a new color in the arena of legal education. The Faculty of Law, AMU prepares students for the legal practice of the future, while holding true to the basic values of a traditional legal education and a law-in action focus.

What is a legal research?

Legal research is a skill you are learning in order to enhance your ability to solve legal problems. To become proficient at choosing and gaining access to legal research materials you must analyze the legal problem being worked on, the strengths and weaknesses of the available sources, and your own areas of knowledge and ignorance. This analysis must continue all the way through the research process. A good researcher envisions legal research as a set of research ‘game plans’ (or strategies) and knows when to select which strategy. Your research strategies should be flexible. Even the most diligent researcher, armed with the latest technology, will not be successful if he or she approaches legal research with a mechanical checklist devoid of flexibility and analysis.
Good researchers have to be good writers to present the fruits of their investigation to the scholarly community effectively. Therefore, the help in terms of workshops, seminars, orientations, moot court competitions, debate and law fests, we can offer students have to take into consideration all the elements of success: finding information, understanding and analyzing it, and presenting it in writing.

In order to achieve these objectives, we can adopt the following strategies;

1: To conduct the workshops every month inside and outside the faculty;
2: To conduct seminars about the importance and significance of legal research;
3: To organize orientation Programme and make them aware about Legit Quest;
4: To conduct Programme with the help of University Placement Center;
5: To distribute pamphlets in the conference, organized in the faculty as well as inside the university campus at large.
6: To conduct formal gatherings about Legit Quest at the time of National Moot Court and Debate Competition where students usually gather at a small educational island, i.e., Aligarh Muslim University, Aligarh from all corners of the world.
My previous legal experience, oral advocacy training, publications in various Arabic and English journals, paper presentation, debate experience and strong academic background will enable me to make a valuable contribution to Legit Quest.
I would really appreciate t have an opportunity to be the campus ambassador.

I firmly believe that I will succeed in my endeavor.

Nehal Ahmad
B.A.LL.B (Hons) 5th Semester,

Faculty of Law, Aligarh Muslim University, Aligarh

A beautiful Home by Nehal Ahmad Nadwi


A Beautiful Home

The key aim of this article is to draw attention to the importance of a beautiful home in general, for the citizens of this country in particular. Thus, the introductory part of this article is devoted to the definition of a beautiful home, its structure, its essential elements and its importance in our noisy world. The second section points out to the experience of a beautiful home, why a prison is not a home? To what extent father and mother have their respective role in making a beautiful home? What is the role of a mother in building a beautiful home? The third part is based on the question that whether home is inside or outside us? Where mind finds peace and silence? And finally the fourth part consists of the analysis, observation and bitter truth that why my country is not my home.

Definition of a beautiful home

A beautiful home is a blessed place, where you and your family can be secure, safe and comfortable. You have all you need and share your sadness and happiness. It is a place where you can help and co-operate each other as a family.  Three elements must be there for a beautiful home in my view: safety, security and stability. Interestingly, a beautiful home can be defined as “a home is where a soul is”.
The concept of a beautiful home is multi-dimensional. In my opinion, a beautiful home is like a successful arranged marriage, slow to bloom but secured in the end in its attachment. A beautiful home is a starting point of journey which begins with vague and confusions, confusions which luckily persist to grow into real questions. Where do you really want to reside? What kind of battle you want to fight? What does really mean to be in a beautiful home? These questions become avenues for growth and self-sufficiency.
Being at a beautiful home, it makes you eager, wiser, readier to cope with the challenges of life. It breeds a certain introspection and awareness of environment. It breeds courage, the ability to first identify what one believes and then stand up and fight for those convictions. It breeds hunger, the desire to make most of every experience to have a go each and everyone of us at the apex of the world.
A beautiful home is never peaceful. A resident of beautiful home rather than shying away from the complicated truth of the world celebrates and embraces the complex understanding of the world. It is a journey of growth of conversations that begin inside the bedroom, at dinner table, in the corridor and sometimes in the guest room for doing exactly what you want to do with your life. In fact, a beautiful home is the greatest gift of God, because a beautiful home is where a heart is.


My experience of a beautiful home

It is a place where you feel protected. A place can also become a home with the people you surround yourself with. It doesn’t just have to be about how the place feels, but how the people around you are influencing you.[1] For example, when I started studying in the Bridge Course after completing my graduation (Alimiyat) in Sharia and jurisprudence from Darul Uloom Nadwatul Ulama, Lucknow, I was surrounded with a group of young Islamic scholars who having been fully aware of the original Islamic sources, could add a new colour in the field of social sciences, arts, managements, law, journalism, etc. It was a place where I discovered a beautiful home.
It was really a beautiful home for me in its true sense. My classmates were just as amazed as I was. They made me feel comfortable and had healthy discussions many times on various issues. My classmates also felt as if the Bridge Course (a course for the graduates of the deeni madaris) was their home and they gave off great positive energy. Home is the comfort found in the past, as you face the unknown of the future. My home will always be my parents’ home. It’s the place that protected and molded me into a person capable of stepping into the world.
Home is not a tangible, touchable or palpable entity that can be grasped, but instead, a value system and egalitarian ideology and fraternal spirit that is taught and can be realized witnessed every day in the confines of a structure. Home is the force that shapes us into the people we are destined to become. Home is the influence that transforms children into capable young adults.

Why prison is not a home?

A prison is not a home simply because it has limited personal freedom. It has a very confined place to live. It could be referred as an incarceration. The society is protected from the offenders by them being confined in prisons, where their behaviors can be monitored, or they can be placed in community-based facilities which are secured and also offer an opportunity for the prisoners to acquire skills and knowledge through work related activities. There are rehabilitation facilities for the prisoners to ensure that the offenders do not get back to law breaking but will have acquired certain skills to help earn a living after the sentence period is over.[2]
Home is where you can be you, where the people you live with love and respect you or where it is blissfully quiet if you happen to live alone. It is a place you can go to after a very long day and feel at peace, you don’t have to worry about being hurt or yelled at neither you will have to worry about being criticized or laughed at. At home you can sit and enjoy wonderful conversations, happiness and peace of mind.[3]
Overall, a place does not necessarily have to be an apartment, house, or a dorm room to be a home. A home is any place where you are comfortable, and feel as if you can be yourself. A home is a place where you just feed off of positive energy and feel free. It does not matter whether your home is outside in nature or in an apartment, as long as your heart is there.[4]

Father and mother must play their respective role in making a home beautiful

I know that Indian culture is still incredibly patriarchal, but I thought a lot of that was more subconscious, i.e. people believe that men and women are equal and that mothers and fathers are equal, but what I believe is that a father has a different responsibility and so as a mother. In other words, they have been created for different types of responsibilities with different capacities. Therefore, they both with strong bond and mutual relations can play a significant role in making a beautiful home. They just have to understand the importance of their role.  . Habits die hard, people are invested in current hierarchies, and therefore change is slow. But for people to come right out and admit that they believe in equal responsibilities with different capabilities.
The most important thing in everyone’s life is discipline. Without discipline one cannot live a happy life, let alone to make a beautiful home. It is the act of living life following some rules and regulations. Discipline is everything which we do in the right way in right time. It leads us on the right path and to the world of immense future possibilities. We all follow various types of discipline in our daily lives. There are many examples like we wake up in the early morning, drink a glass of water, go to washroom to get fresh, do brush our teeth, take bath, take breakfast, go to school in uniform at right time, etc. all are discipline and a key for making a beautiful home.
It is therefore very necessary for the parents to be the master of their home in order to make home a beautiful one. They must impose reasonable restrictions and try to maintain the discipline of their children. Our society really needs a responsible father and mother for a peaceful life and for making an unprecedented beautiful home. They must engage to building unbreakable families and healthy communities. We must provide practical parenting tools through trainings, resources and mentor-ship, and a global, like-minded community intent on bringing heaven home.

 The role of a mother in building a beautiful home

Mothers are, undoubtedly, the backbone of families. Mother’s job is not always an easy one. Mothers have to make sacrifices for the sake of their family and building a beautiful home. Mothers can have their hearts broken. Mothers must be the conscience of young children and are often the brunt of their anger and pain as they grow into adulthood. The great thing about mothers is that they usually understand and love their kids anyways and they of course leave no stone unturned to make her perfect family with a beautiful home.
Nothing can come close to the love that a mother feels for her children. Most women are inherently excellent mothers. Women carry their young before they are born and then continue to nurture them throughout their childhood and even into adulthood. Mothers make sure that their children are safe and happy throughout their childhood. It is the unconditional love that a mother feels that drives these feelings. It is hard to describe the feeling that a mother has towards her children. In fact, most people do not understand unless they become a mother themselves. A famous saying states that "God could not be everywhere and so he invented mothers", these words are a great inspiration to mothers across the world. When all is well, a mother puts her children before anything else, including their own comfort and happiness.
Mothers give an awful lot of support to their children, whether it involves very visible support or simple background encouragement. Not only do mothers support their children, but they also often hold the whole family structure together. This role is not always plain sailing. A mother can also be upset or hurt. Remember that a mother often takes the fallout for the toddler tantrums and the teenage angst. Despite this, mothers, generally, will love their children no matter what they do. So I firmly believe that the role of a mother so extraordinary in making home a beautiful and living heaven. Describing a mother's love is virtually impossible. It is a feeling that can only truly be understood by those that experience it.[5]

Home is a place inside and outside us

So far as the question of home is concerned whether it is inside or outside us? I do believe that that it is both inside and outside us. It is, in fact, a feeling lost and not knowing what to do or where to go. You spend each night in the musky weather on a bench, which you call your bed. As you wake up to the chattering noises each morning you decide which public place will allow you to clean yourself up. People sometimes haunted by the pressure due to certain unavoidable circumstances despite having a luxury home and good lifestyle. Hence, it is pertinent to say that home could be inside and outside us.

Mind finds silence and peace at home

Our lives nowadays tend to be so busy that we have become accustomed to a constant barrage of tasks, inputs, and general noise. Peace and silence are gifts which we usually find at home. It promotes the inner and builds trust. The lack of silence in our modern life results in lack of comfort. Silence gives us the opportunity to listen to others and more importantly to ourselves.
Yet the inner-silence also is very important. Since, it gives us a chance to listen to our inner voices. It helps us to turn our thoughts and focus inwards and live the present moment now not the past not the future. The inner-silence enables us to save our minds from the inane thoughts and eliminate all mental noises. Thus we make our minds calmer. Consequently, we can work and study more efficiently and our productivity will increase.
The mental silence should be the prime goal in our daily life. If your home does not provide you peace, silence and inner satisfaction, it cannot be a part of a beautiful home. It would be better to say that where there is no peace and silence at home, there is no home.

My country is not my home

My country is a beautiful country. It is known all over the world for its unique cultures and traditions. It is famous for its historical heritages and monuments. It was a slave country earlier to the 1947 under the British rule. However, after many years of hard struggles and sacrifices of the great Indian freedom fighters. It got freedom from the British rule in 1947.
Today I am living in a fragmented country. The country is bleeding and gasping under the onslaught and outrage of corrupt politicians, militancy, terrorism, bribery, naked aggression of one political party against another. How it can be home for me? It is completely away from the concept of home. It has affected the growth of the individual as we well as the nation and reduces income. It is a big reason of inequalities in the society and community. It affects the growth and development of the nation in all aspects like socially, economically and politically. In short, we are a crisis nation, and our crisis has a global ramification. So we are looked at today as a source of all crises. So, in order to make my country a beautiful home, it is dire need of the time to curb the corruption and to eliminate the discrimination and to implement equality and the rule of law in our daily life. I do believe that I will succeed in this endeavor.

Conclusion

A home is not beautiful in itself. Our father, mother, sister and many more effortlessly play an important role in making home beautiful one. They sometimes sacrifice their happiness, peace and comfort to make a beautiful home. A beautiful home has, in fact, no particular existence. It may be our home or anywhere else where your heart and soul find peace, amity, unity, freedom of expression, and above all where we have freedom to think afresh, that will be considered as a beautiful home.

-Nehal Ahmad Nadwi 



[1] https://www.tellingroom.org/stories/what-makes-place-home
[2] https://www.bartleby.com/essay/Jails-Prisons-and-Rehabilitation-F3CVMGXZVC
[3] https://maiaramusings.wordpress.com/2013/05/05/my-house-or-is-it-home-an-essay/
[4] https://www.tellingroom.org/stories/what-makes-place-home
[5] http://freeessaywebsite.blogspot.in/2008/03/mothers-love-essay.html

Talaq-ul-Biddat: Sharia Perspective by Nehal Ahmad Nadwi



TALAQ-ul-BIDDAT : SHARIAH PERSPECTIVE

Introduction:

Personal laws evolve from religious practices and custom which form a part of the legal system. These personal laws should be in consistence with the Constitution and most importantly the fundamental rights. The practice which is followed in the name of religious practice should not be arbitrary, discriminate. But it should be within the principles of natural justice. Muslim laws in India are not codified and are subjected to varied interpretations from Shariat.[1]
Saira Banu is in her mid-30s. Sociology postgraduate and mother of two, she is just one of the many victims of the tyranny of triple talaq. Her story is gut-wrenching. Saira Banu endured physical and mental agony for over 10 years. Bad marriage, an abusive husband, forced abortions and then, last year, her husband sent a letter to her parents' home where she was staying for almost a year. Inscribed on that piece of paper were three words: "Talaq, Talaq, Talaq". The practice of triple talaq is certainly not without its fair share of controversies. However, the troubling aspect is that the so-called triple talaq, or instant divorce, has been banned in more than 20 Muslim countries, including our neighbors; Pakistan and Bangladesh, making it a cause for serious concern.
We are a nation which proudly professes to be the world’s largest democracy, guaranteeing the protection of equal rights to all our citizens while boldly holding the flag aloft of being a secular nation.[2]
Historical Background:
Some of the Sunni clerics have mentioned that the practice of triple talaq gained recognition and was sanctioned during the reign of second Caliph Omar. The reason for this practice to be sanctioned by Caliph Omar in certain cases was to help women come out of a bad marriage where their husband were delaying to give divorce by misusing the lengthy procedure provided in the law. It was for the sake of women that this practice gained sanctity in the 7th century, which was later, misinterpreted by the mullas who used this to suit their anti-women and patriarchal goals. Hence the practice of triple talaq in one sitting is a sinful form of divorce that suppresses women’s rights and violates equity or equal justice in the society.[3]
Marriage:
The Mohammedan jurists regard the institution of marriage as partakingboth of the nature of ibadat or devotional acts and muamlat or dealings among men.[4]
Divorce:
Islamic law permits talaq when wife commits infidelity or has a bad character which results in unhappy married life. In absence of the above reason, if husband gives talaq, it is not considered as an appropriate talaq in the eyes of religion. In the event that he relinquishes his wife, he draws upon himself the divine anger, for the scourge of God, said the Prophet, lays on him who revoked his wife impulsively.[5]
Prophet Muhammad restrained the power of divorce and gave to the woman the right of obtaining separation on reasonable grounds. The Prophet is reported to have said, “If a woman be prejudiced by a marriage, let it be broken off.”[6]
“Mahmud-b Labeed reported that the messenger of Allah was informed about a man who gave three divorces at a time to his wife. Then he got up enraged and said: “Are you playing with the Book of Allah who is great and glorious while I am still amongst you? So much so that a man got up and said; shall I not kill him.”[7]
Types of Talaq:
Talaq-e-Ahsan and Talaq-e-Hasan come under the head of Talaq-ul-Sunnat is the talaq which carries the approval of Prophet. Ahsan is most approved form of divorce where the husband disown his wife by a single pronouncement in a time of tuhr (purity, i.e., when the wife is free from her menstrual courses), amid which he has not engaged in sexual relations with her, and then leaves her to the observance of iddat. Hasan is approved form of talaq where the husband successively pronounces divorce three times during the time of tuhr. In other words it is a divorce upon divorce wherein the first two pronouncements are revocable and in the third pronouncement talaq becomes irrevocable.
Talaq-ul-Biddat is not the approved form of talaq as it does not consider the period of tuhr and also to the abstention from intercourse. Triple divorce is where the husband repudiates his wife by orally saying Talaq in one sentence thrice within the time of tuhr.[8]
There are certain procedures which need to be followed in order to give talaq to the wife. Firstly, he has to make the wife aware about his intentions of giving talaq and reason for the same as well as time to change her behavior. If her behavior does not change, then husband can resort to the process of conciliation by informing the elders in the family of the wife. Two arbitrators are appointed one from the side of wife and other from the side of husband. It is duty of the arbiters to bring settlement between the parties so that their married life is back to normal. In spite of the efforts which are being put in and the damage to the married life is irreparable then there is no alternative but to separate. At this stage the husband has the right to give talaq to his wife. The conciliation stage with the intervention of arbiters is a compulsory condition for effecting talaq either in Ahsan or Hasan form of talaq.[9]
There is no Quranic basis to establish that three divorces on a single occasion will amount to an irrevocable divorce; in fact the Prophet (PBUH) despised divorce[10] and described marriage[11] as his Sunnat. The Quran lays down only two kinds of divorces i.e. Talaq-Ahsan and Talaq-Hasan the same being in conformity with the dictates of Prophet (PBUH). The above two forms are considered to be the most proper forms of pronouncing the divorce. The third form i.e. Talaq-ul-Bidat, is considered to be the most sinful, innovated form of divorce as it is against the letter and spirit of Quran[12] and was disallowed by the Prophet (PBUH) himself.[13]
According to the Quran, a person is not supposed to divorce his wife when she is menstruating.[14] When a muslim divorces his wife, he has to divorce them for the period of their iddah[15] and wait for three courses (menstruation).[16] The prescribed time period of iddah is about three months and in case of pregnant women, the iddah period is till delivery.[17] During this period, the husband can take them back if they wish to (reconciliation).[18] Divorce given for two times is revocable but it is not so when made for a third time.[19] “When you have divorced women, and they have reached their term (iddat), then retain them on equitable terms or release them on equitable terms”[20]
The Supreme Court in Shamim Ara v. State of U.P. and Anr,[21] has upheld this view of Quran stating that there must be valid reasons for divorcing someone and there must be an attempt to reconcile. This view has further been upheld by many High Courts[22] including the Kerela HC in Kunimohammed v. Ayishakutty.[23]
 Legal Validity:
It is stated in the case of Mohamed Ahmed Khan v. Shah Bano[24] by Chief Justice Chandrachud stated that talaq confers upon the husband, “the privilege of being able to discard his wife whenever he chooses to do so for reasons that are good, bad or indifferent; indeed for no reason at all.”
The landmark judgment of Shamim Ara v. State of U.P.[25], the Supreme Court observed that a valid talaq obtained should be for a reasonable cause and further there should be attempts for reconciliation by the arbiters. If the above two conditions are not satisfied, the talaq is not valid and recognized. In the case of Shahzad v. Anisa Bee and others[26], the court cited Surah-4 Verse-35.[27] While laying out the valid form of divorce in case of termination of Muslim marriage which is pronounced unilaterally by husband, this verse of Quran commands for reconciliation between both the parties and if such attempt fails then this shall be deemed as a reasonable cause for divorce.
Talaq in the light of Quran and Sunnah: Religious Validity
The law of divorce in Islam is quite simple and moderate. But it is also true that the Fiqhi discussions (legal wrangling) raised in religion have not kept it in its simple form. Rather, they have made it very harsh and severe. As a result of this the Muslims are facing extraordinary difficulties in their social life. In order to keep the Muslim masses connected with the social system of Islam and to keep them obedient to the commands of the Shariat, it is necessary that, despite all the fiqhee hairsplitting, penetration and severity, social problems should be solved in the light of Quran and Sunnah.
Among the pre- Islamic Arabs, the power of divorce possessed by the husband was unlimited. They could divorce their wives at any time for any reason or without any reason. They could revoke their divorce as many times as they preferred.[28] It used to cause very much trouble and hardship to the woman and she was quite helpless.
The reformatory step of Islam is that it put an end to this unjust and oppressive and limitless series of divorcing. It authorized the husband to revert to his wife up to two talaqs so that, before the disruption of the family life the husband may have an opportunity of pondering over the consequences twice. Then that talaq (divorce) becomes Mughallizah (absolutely irrevocable). It means that thereafter he can neither revert to that wife nor can he remarry her until that woman weds another man and that another man divorces her of his own free will. This order has been enforced so that man may not go on harass in the woman by divorcing her repeatedly as was being done in the days of pre-Islamic ignorance.
In the words of Ameer Ali, the Prophet had to mould the mind of an uncultured and semi-barbaric community to a higher development.[29] The Ahsan (appropriate/right/correct) way of divorcing as per the guidance of the Holy Quran and the Sunnah is that he should suffice with giving only one talaq during the period of cleanliness (non-menstrual). He must not have copulated (sexual intercourse) with his wife. This talaq(divorce) will remain Rajaee (revocable or revertible) during iddat (the waiting period). And that it will become Baain after the passing of iddat. But if the man and the woman so desire, they may remarry (through a repeated Nikaah).  Those men who rush to pronounce three talaqs at a time or in one sitting except that they exhibit total ignorance. They basically ignore the explicit and emphatic command of the Holy Quran. "These are the limits imposed by Allah. Do not transgress them."[30] And, further: "Do not treat Allah's signs as jest."[31]
Now the question is whether the Holy Quran has resolved that the pronouncing talaq three times will be considered as thrice? Nowhere in the Holy Quran it is clearly mentioned that triple talaq at a time will be considered three talaqs. Those who think so base their argument on this verse of Holy Quran:
"Divorce is to be given two times and then (a woman) must be retained in good manner or released gracefully. And it is not lawful for you that you take from women anything of what you have given them; except (in the case) when both feel that they may not be able to keep within the limits imposed by Allah. And if you fear that they may not be able to keep within the limits of Allah, in that case it is not a sin for either of them if the woman pays compensation and gets herself released. These are the limits imposed by Allah. Do not transgress them. For whosoever are the limits imposed by Allah. Do not transgress them. For whosoever transgresses Allah's limits; such persons are wrongdoers. So if a husband divorces his wife (after two times) he cannot, after that, remarry her until after she has married another husband (and he has divorced her)."[32]
They think that the word "marrataan" (two times) in this verse means repeating the word tataq' or to give divorce with the specification of number. Therefore, they say that if the words "talaq,talaq, talaq” are pronounced or "three talaqs" is uttered then it is three talaqs. The fact, however, is that "marrataan" does not mean to repeat the word talaq but it means to give talaq on a second time.[33]
In Arabic language the meaning of "marrataan" is MARRATAN BAAD MARRAH. (On another occasion after the first time) It never means mere verbal repetition of a word. There are such examples in the Holly Quran. For instance, at one place it is mentioned:
Do they not see that they are tested once or twice in every year?" At another place "O you who believe! Let your slaves and those (children who have not attained puberty) ask your leave at three times (before they came into your presence).[34]
Following these verses, the details of the three relevant times have been given. Obviously, here, "thalaat marraat" (in three times) means three different times (occasions) and not a coincidence of three times in one occasion. However, it was said in Durrul-al-Mukhtar that if pronounce talaq or write it in any particular form, it will be considered as the talaq.[35] It was further described that mere pronouncement of words is enough for the revocation of divorce not the intention.[36]
Similarly, if somebody says these words, "I recite Subhanallah for thirty-three times" it will be considered only one tasbeeh and not 33. Thirdly, there is the example of four swearing (oaths), which has been commanded in the matter of lian (cursing the lier when husband blames his wife for adultery). If someone, instead of taking oaths four times, says " I say this on four oaths” then it will be regarded as only one oath, not four.[37] Therefore, Imarn Raazee writes: "Give the talaq marrataan, that is, give talaq at two times". [38] It has been ordained in Surah Talaq that whenever a talaq is given it must be given for an iddat (period) "O Prophet! When you (people) divorce (give talaq) you wives, divorce them for their iddat(prescribed time). And reckon the iddat."[39]
 Meaning thereby, the talaq should be given at such a time from which the iddat can be counted. A man who gives three talaqs at a time has no regard for iddat period. Because, the iddat began from the moment he gave the first pronouncement of talaq but this iddat period is disregarded for the second and the third talaq. It is necessary to consider iddat for every talaq. "When you have divorced women, and they have reached their term, (iddat), then retain them on equitable terms or release them on equitable terms."[40] This verse makes it clear that when the term of iddat is about to come to its end the wife can be retained in a nice way. It means that the husband can revert to her before the end of iddat. If a Nass (Divine order either in Quran or in Hadith) is available in this respect then there is no problem but if there is no such Nass text then it only means that the man has a right to revert to his wife before the end of the iddat of the third talaq. In short, the applicability (effectiveness) of three talaqs (irrevocable) by the utterance of triple talaq (at one sitting) is not proved by any text of the holy Quran, because, nowhere in the Quran it is specifically mentioned that triple talaq at a time will have the effect of final divorce.

Does the Hadeeth support the triple talaq?

ln Sahih Bukhari there is a hadith of Hazrat Ayesha (R.A.) "The wife of Rifaah Qurzi came to the Holy Prophet (sallallaahu alaihi wasallam) and said: "O Messenger of God! Rifaah has awarded to me Talaq e Battah (cutting off divorce). Then I married Abdur Rehman bin Zubair Qurzi but he is unfit for matrimonial. The Holy Prophet said: Perhaps you want to go back to Rafaah. But no. It cannot be, unless he (your second husband) tastes you and you taste him."[41] In this hadeeth there is a mention of Talaq e Battah the (cutter talaq). But it is not clear that the husband had given three talaqs at one time. Of course, the hadith of Sahih Muslim makes the kind of that talaq specific. Its wordings are, "He gave the last of the three talaqs". (It means the final of the three divorces, which had remained, was also given.)[42] In this tradition, there is no specific mention of three talaqs in one sitting. How then can it be proper to argue the application or effectiveness of it?
Therefore, Allamah lbn e Hajar has written in'Fath ul bari': "It is not correct to base an argument in favour of triple talaq on this hadeeth'.[43] hadith which is of lbn e Abbas (R. A.) and which is reported in Sahih Muslim and is also very well known: "lbn e Abbas says. In the time of the Holy Prophet and during the time of Abu Bakr and also duringthe initial two years of Umar's caliphate, triple talaqs were considered as one. But Umar said: people have begun to make haste in a matter in which they were given an opportunity to think. So why should we not make it applicable. So he applied it on them”.
Different causes have been given for the decision made by Hazrat Umar. Allamah lbne Qaiyyim says: Umar did not make any alteration in the sharaee position of the triple talaq at a time. Rather, he had made them effective by way of punishment. And for punishment ijtihaadaats (religious judicial diligence) of caliph Umar are well known, for example, the burning down of wine shops, awarding a punishment of 80 lashes to drunkards and to extradite them etc. When the sahabas saw that caliph Umar is enforcing his decisions in the common interest of the community they also agreed with him in such matters. This hadith, as noted in Sunan e Abi Daawood, contains the words. “Whenever a man gave three talaqs to his wife before copulating (Khalwat) with her it was being regarded as only one talaq". But Imam Navavi writes that the narration (rivayat) of Abu Dawood is weak (dhaeef).[44] In view of all these things it is not correct to take this hadeeth as a proof of the effectiveness of triple talaq. The fifth hadeeth is that of Abdullah bin Umar. It is, as noted in Saheehain: "lbne Umar relates that in the time of the Holy Prophet he had given a talaq to his wife when she was in her period (of menstruation) Umar inquired about it from the holy prophet who replied that: tell him to revert to his wife and then leave her in that state until she becomes clean. Then when she, once again, becomes clean after her next period he may either retain her or divorce her before copulation. This is the period of iddat about which Allah has ordained concerning talaq to women." This is a sahih (correct) hadith. But there is no mention of three talaqs in it anywhere. When a clear and authentic hadith is not available, it is enough to suffice with the words of the holy Quran. Unclear and unauthentic hadiths cannot prove the effectiveness of three talaqs at a time.
The author of the famous Egyptian book "Kitab ul Figh ala mazahibil Arbaah" writes: "But the fact is that the Muslim consensus over this issue is never proved. Many Muslim have disagreed with it. "In short, sensible is the word of those people who say that triple talaq in one sitting has the effect of one talaq because, it was so in the time of the Prophet and during the caliphate of the great caliph. Abu bakr also during the first two years of the Farooqui caliphate. Thereafter the ijtihad done by Umer was disputed by others. So the taqleed (following) of the disputers (those who disagreed) too is as permissible as that of caliph Umer. God Almighty has never burdened us by ordering us to dig deep to find out certainty in secondary things because it is not practical to do so."[45]
Allamah lbn e Taimiyah writes: - "If somebody gives three talaqs in one wording or in three wordings in one Tuhr (wife's period of cleanliness) then it is haraam (unlawful) to do so according to the opinion of the majority of ulema. But the question of its being effective is under dispute. One opinion is that three talaqs will be operative and another is that it will amount to only one talaq. And the latter is correct as it is supported by the Quran and Sunnah as has been described in detail earlier elsewhere."[46]
Allamah lbn e Qaiyim writes: "Allah has ordained the giving of one talaq after another. To give combined three talaqs (on one occasion) is not really regular".[47] Imarn Razee says: "Many religious scholars have said that if a man has given two or three talaqs, only one will be operative and this say is nearer to reason because, the prohibition or inadmissibility of anything shows that there is a lot of harm in that prohibited thing. So the opinion which considers the triple talaq operative or effective is like admitting the harmful thing (corruption) which is not allowed. Therefore, it is necessary to decide that such triple talaq is inoperative and ineffective."[48]
Though the four imams are of the opinion that triple talaq in one sitting is effective, a group of ulema believes that it gives effect to only one talaq. For example lbn e Abbas, lkramah Tawoos,lbn e Ishaq, Imam Razee, Imarn lbn e Taimiyyah Allamah lbn e Qaiyim, Dawood Zahiri and others. "There is nothing in the religious arguments contained in Quran, Sunnah, ljmaa and Qiyas which gives the effect of three talaqs by a man who had given triple talaq in a sitting.[49]
The solution of the problem of triple talaq in one sitting is that, together with propagating religious understanding and taqwa (God-fearing) among the Muslim masses they should be taught the correct and regular way of giving talaq They should be guided that if anybody does intent to give talaq to his wife he should suffice by giving only one raja (revocable) talaq and that too in a period of his wife cleanliness (tuhr) in which there was no sexual intercourse. Thereafter, if he does not want to revert to her, he must allow the period of iddat to pass. After the passing of this iddat there will still remain an opportunity of second nikah (remarriage with the same spouse) and hence there will be no need of repentance. On the one hand, Muslim masses should be made aware of this legality of Shariah and on the other, the ulema should issue the fatwa that three combined talaqs constitute only one talaq.

Rules in Contemporary countries:
1. Pakistan:
It was abolished after recommendations by a 7-member commission on marriage and family laws in 1956 and framed the legislation of marriage and divorce similar to Egypt, the husband must pronounce Talaq in three successive menstrual cycles.
Simultaneously three times pronounce of Talaqs will be counted as one. Then, man and woman have the right to ask for separation when a dissension arises, then, investigation is conducted by a court into the reason for dissension. In the end, Appointment of arbitrator by a court for reconciliation and court eventually decides the outcome.[50]
2. Algeria(Islam is the official religion): “Divorce cannot be established except by a judgment of the court preceded by an attempt at reconciliation for a period not exceeding three months.”[51]
3. Egypt: (a secular state): “Article 1. A Talaq pronounced under the effect of intoxication or compulsion shall not be effective.
Article 2. A conditional Talaq which is not meant to take effect immediately shall have no effect if it is used as an inducement to do some act or to abstain from it.
Article 3. A Talaq accompanied by a number, expressly or impliedly, shall not be effective except as a single revocable divorce.
Article 4. Symbolic expressions of talaq, i.e., words which may or may not bear the implication of a divorce, shall not affect a divorce unless the husband actually intended it.”[52]
4. United Arab Emirates(Islam is the official religion): If a husband divorces his wife after consummation of a valid marriage by his unilateral action and without any move for divorce from her side, she will be entitled to compensation besides maintenance for Iddat.
“The amount of compensation will be decided with due regard to the means of the husband and the hardship suffered by the wife, but it shall not exceed the amount of one year’s maintenance payable in law to a woman of her status. (2) The Kazi may decree the compensation, to be paid as a lump sum or in installments, according to the husband’s ability to pay.”[53]
5. Bangladesh(Islam is the official religion): Ordinance VIII of 1961 amended in Bangladesh by Ordinance 114 of 1985: “Section 7. (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq in any form whatsoever, give the Chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife.
(2) Whoever contravenes the provision of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. [Bangladesh: 10,000 taka)
“(3) Save as provided in sub-section (5), a Talaq unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from the day on which notice under subsection (1) is delivered to the Chairman.
“(4) Within thirty days of the receipt of notice under sub-section (1) the Chairman shall constitute an Arbitration Council for the purpose of bringing about reconciliation between the parties, and the Arbitration council shall take all steps necessary to bring about such reconciliation.
“(5) If the wife be pregnant at the time Talaq is pronounced, Talaq shall not be effective until the period mentioned in sub-section (3) or of pregnancy, whichever are later, ends.
“(6) Nothing shall debar a wife whose marriage has been terminated by Talaq effective under this section from re-marrying the same husband without any intervening marriage with a third person, unless such termination is for the third time so effective.”[54]
6. Tunisia: As per Tunisian Code of Personal Status 1956, it enshrine that the institution of the marriage comes under the ambit of state and judiciary which cannot allow husband unilaterally to verbal divorce his wife without explanation of reason.
7. Indonesia: Every divorce can only be executed by a court decision. An agreement to divorce between the husband and wife will not be constituted as a divorce, only a court decision may constitute a divorce. It is regulated under Law No. 1 of 1974 concerning Marriage (“Marriage Law”) which also further regulated under Government Regulation No. 9 of 1975 concerning The Implementation of Law No. 1 of 1974 concerning Marriage (“Marriage Regulation”).
8. Iraq: It was the first Arab country to replace Sharia court from the government-run personal status court.[55]
3 Pronouncement to be considered as 1:
The Delhi High Court considered different forms of Talaq in Masroor Ahmed Vs State (NCT of Delhi) and Anr.[56] It took the views of Sunni schools which were considered that triple talaq which is pronounced at one go is not regarded as three talaqs but only as one. The court took the notice of harsh abruptness of the practice of triple talaq which affects the divorced women as there is no chance left for reconciliation. The court observed that it is a development which may have filled a need at a specific purpose of time in history but it is found such a move would not be contrary to any essential precept of Islam or the Quran or any decision of the Prophet Muhammad. The court held that triple talaq will be regarded as one revocable talaq.
The judiciary has interpreted the verse of Quran and also taken note of the views of different schools of Islam while deciding the cases with respect to triple talaq. The above observation of courts indicate on how the Muslim community needs to be educated about the correct procedure of divorce and pronouncing talaq in one sitting is oppressive against women.
Suggestion on Legislation and Punishment:
It is also reported that Hazrat Umar used to punish people who pronounced three divorces at the same time. This also supports the view that he wanted to discourage people from this course of action.[57]
The Muslim Board also placed on record resolutions adopted by it at a meeting held on April 14, 15 and 16, 2016. The “resolution regarding divorce” dated April 16, 2016 said “the stand of Shariat is clear about divorce that the pronouncement of divorce without any reason and that three divorces in one go are not the correct methods of pronouncement of divorce. Such a practice is strongly condemned by the Shariat.”
The Board will, therefore, start a “grand public movement for desisting the people from pronouncing divorce without any reason and that in case of necessity only one divorce should be resorted to and in any case three divorces in one go should not be resorted to. Every effort should be made to convey this message to all the segments of Muslims especially to the poor population and the help of Imams and orators of the mosques should be called for”, it added.
The meeting also decided that “those who resort to triple divorce in one go leading to the creation of problems thereafter should be boycotted by the Muslims. This social boycott will be much helpful in decreasing the incidents of divorce”.[58]
The then Chief Justice of India J S Khehar and Justice Abdul Nazeer had refused to strike down the practise of triple talaq. They had said that triple talaq is a fundamental right and hence cannot be struck down. Instead they directed the centre to come up with a law within six months. The judges who dissented and struck down triple talaq were Justices Kurian Joseph, R F Nariman and U U Lalit.[59]
The Muslim Board in their recent guidelines has clearly stated that punishment should be given to the wrongdoer and if the Parliament passes the law which validates talaq-e-biddat, then strict punishments should also be there in the Act like the one we have in Bangladesh.[60]



Conclusion:
Thus, Triple Talaq is unislamic, unconstitutional, negated by highly regarded Islamic scholars and also is invalidated by many muslim-countries. The Parliament should pass an appropriate law regarding it and the Muslim Board should come up with working ideas of educating the masses.
Also, the best solution to remove the menace of triple divorce under the Hanafi School is to order the incorporation of an explicit condition in the Nikahnama that there shall be no instant triple divorce and the wife too will have a right to divorce.[61]


Nehal Ahmad Nadwi*
·         The author is an Aalim from Darul Uloom Nadwatul Ulama, Lucknow (Bachelor in Islamic Sciences and Jurisprudence) and is currently pursuing B.A.LL.B (Hons.) 3rd year from Faculty of Law, Aligarh Muslim University

& Faiz Azim is a student of B.A.LL.B (hons) 3rd year at Faculty of Law, Aligarh Muslim University







[1] Radica Belapurkar & Sagarika Ramesh, "Triple Talaq: Predomination over Muslim Women" 3 JCIL (Jan 2017)
[2] Sanjana Rao, Suryakiran G & Tejas C Shetty, "The Triple Talaq Tyranny" 2 JCIL (July 2016)
[3] Aquil Ahmad, Mohammedan Law 176-177 (23rd Edition, Central Law Agency 2008).

[4] Abdur Rahim: The Principles of Mohammadan Jurisprudence, Lahore Edn. 1958, p. 327
[5] Dr. Ahmad Galwash, The Religion of Islam 104 (1961)
[6] Aqil Ahmad, Mohammedan Law 163 (Central Law Agency, Allahabad, 26th edn., 2016)
[7] Mishkat-ul-Masabih: An English Translation and Commentary by Al Maulana Fazlul Karim p. 693 Islamic Book Service, New Delhi
[8] opcit-Radhika Belapurkar
[9] Khannubi W/O Salim Rayaliwale vs Salim S/O Rannu Rayaliwale, 2003 CriLJ 2888.
[10] [Abu Dawud 9: 2173] - Narrated by Abdullah ibn Umar “Allah’s Messenger (PBUH) said: Divorce is most detestable in the sight of God; abstain from it”;
[11] Tahir Mahmood, Muslim Law of India (LexisNexis-Butterworths, New Delhi, 3rd ed., 2002) at p. 48.
[12] Alamgir Muhammad Serajuddin, Shari’a Law and Society: Tradition and Change in the Indian Sub-continent (Dhaka: Asiatic Society, Bangladesh, 1999) at p. 201.
[13] Asghar Ali Engineer, Islam, women and gender justice (Gyan Publishing House, 1st ed., 2001) at p. 134-135.
[14] [Surah al-Baqarah 2:222]; See also [Sahih-Bukhari 68:1]
[15] [Surah at-Talaq 65:1]
[16] [Surah al-Baqarah 2:228]
[17] [Surah at-Talaq 65:4]
[18] [Surah al-Baqarah 2:228]18 [Surah al-Baqarah 2:229]
[19] [Surah al-Baqarah 2:230]
[20] [Surah Baqarah: 231]
[21] (2002) 7 SCC 513; cites with approval: Sri Jiauddin Ahmed v. Mrs. Anwara Begum (1981) 1 GLR 358; Rukia Khatun v. Abdul Khalique Laskar (1981) 1 Gau. L.R. 375;
[22] Riaz Fatma v. Mohammed Sharif I (2007) DMC 26; 135 (2006) DLT 205; Ummer Farooque v. Naseema 2005 (4) KLT 565; Nur Ali (Md) v. Thambal Sana Bibi 2007 (1) GLT 508
[23] 2010 (2) KHC 63
[24] 1985 AIR 945
[25] 2002 (7) SCC 518. 14 (2006) 1 MP LJ 555
[26] (2006) 1MP LJ 555
[27] Al Quran[Chapter 4, Verse 35], According to this verse, if you fear a breach of marriage between a man and his wife, appoint one arbiter from his family and another from hers; if they wish to reconcile, Allah will create a way of reconciliation between them. Allah is the Knowledgeable, Aware.
[28] Ibrahim Abdel Hamid, “Dissolution of Marriage” Islamic Quarterly, (1956)3 at p. 166.
[29] Ameer Ali, The Spirit of Islam, London, 1995 at p. 243
[30] Surah A baqarah: 229
[31]Al Baqarah: 231
[32](Al Baqarah:229-30)
[33] Zaad ul Maad' by Allamah lbne Qaiyim, Vol: 4, p.59.
[34] "Surah Noor, Verse: 58
[35] Al-Durrul-Al-Mukhtaar ma Al-Raddel-AlMukhtaar, chap. Kitabul- Al-Talaq, p.574, vol.2
[36] Al-Mabsoot Lil-Alsarkhasi, p.122, vol.6, pub. Egypt (1324.h)
[37]Allama Ibn-e-Qayyim, Zaad-ul-Ma’ad, vol. 4, p.59
[38] (At Tafseer ul Kabeer, Vol: 2, p.261.)
[39]SurahTalaq, Verse: 1
[40]Surah Baqarah: 231
[41]Bukhari, Kitab ut Talaq
[42]Muslim Kitab ut Talaq
[43]'Fath ul Bari' Vol: 7, p.386)
[44]Sharh e Saheeh Muslim lin navavi, vol: 1, p.478
[45]Kitab ul Fiqh alal Mazahibil Arbaah, Vol: 4. P 343-344
[46]Majmooah e Fataawaa e lbn e Taimiyah, Vol: 2, p.71
[47]Igathat ul Lahfan Vol: 1,p.283
[48]AtTafseer ul Kabeer, Vol: 2, p.260
[49] Mejmoo a Fatawa lbn taimiyyah, Vol; 33, p.92                                                         
[50] Muslim Countries where Triple Talaq is banned, available at, http://www.jagranjosh.com/general-knowledge/muslim-countries-where-triple-talaq-is-banned-1490788669-1 (modified at 22-AUG-2017 11:15)
[51] Law 84-11 of 1984 as amended in 2005
[52] Law 25 of 1929 as amended by law 100 of 1985
[53] Law of Personal Status 2005, Federal Law No.28 of 2005: “Article 140(1)
[54] Pakistan, Egypt among 19 countries that have abolished triple talaq, available at, http://indianexpress.com/article/india/pakistan-egypt-among-19-countries-that-have-abolished-triple-talaq-supreme-court-verdict-4808780/ ( Published: August 22, 2017 8:05 pm)
[55] Muslim Countries where Triple Talaq is banned, available at, http://www.jagranjosh.com/general-knowledge/muslim-countries-where-triple-talaq-is-banned-1490788669-1 (modified at 22-AUG-2017 11:15)
[56] 17 2008 (103) DRJ 137 (Del.)

[57] opcit, Aqil Ahmad, 175
[58] Muslim Board calls for social boycott of those who resort to triple talaq, available at, http://indianexpress.com/article/india/muslim-board-aimplb-calls-for-social-boycott-of-those-who-resort-to-triple-talaq-4668986/(Published at: May 23, 2017 5:04 am)

[59] List of countries where triple talaq is banned, Available at: https://www.oneindia.com/india/list-of-countries-where-triple-talaq-is-banned-2527065.html (modified on: Tuesday, August 22, 2017, 14:29 [IST])

[60] Ordinance VIII of 1961 amended in Bangladesh by Ordinance 114 of 1985: “Section 7. (1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of Talaq in any form whatsoever, give the Chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife. (2) Whoever contravenes the provision of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both. [Bangladesh: 10,000 taka)

[61] Law, Morality, Triple Talaq available at, http://indianexpress.com/article/opinion/coloumns/law-morality-triple-talaq-muslim-islam-4743272/ (updated on: 10th July,2017)