'Talaq': Use and Abuse of Divine Law

“And if you fear dissension between the two, send an arbitrator from his people, and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing and Acquainted.” 

                 ----(An-Nisa 4: 36).

My Friday Sermon (Jumu’ah Khutba) today is on the subject of divorce (Al-Talaq).

Islam places great emphasis on marriage in the sense that it is a sacred contract that cannot be broken for vain and trivial reasons.

Although Talaq (divorce/ repudiation) is allowed, it must be considered that from among everything which is allowed, Talaq (divorce) is the most hated thing, the most abhorred by Allah and it is permitted insofar that it does no unjust damage. 

It should in no way be used as part of some ruse which acts as a pretext for divorce. It can happen that the husband does not like a particular behaviour of his wife and that he has had enough of her. This is not sufficient to justify his request for divorce (Talaq). He must not consider only the negative side of his wife but on the contrary he must assess her good qualities that may well be greater than the defects. A separation may as well have a detrimental effect on the behaviour of the couple’s children (if any) who may become easy prey for Satan.

Privacy Matters: Islamic Approaches

Islam does not rush to impose sanctions on its citizens indiscriminately. Instead, Islamic precepts are very firm in relation to the protection of the privacy of individuals which is considered sacred. Islam does not put up surveillance systems, police, cameras to film people and spy on them and scrutinize them through.

Abu Dawud and Al-Hakim reported from Zayd Ibn Wahb: Once a man said to (Abdullah) Ibn Mas’ud (ra): 

“This man, Al-Walid Ibn ‘Uqbah, seems to be drunk for the traces of wine appears on his beard.” Ibn Mas’ud replied: ‘We have been prohibited from spying (on Muslims) and finding faults (with them). But if something become manifests to us (i.e. Had Al-Walid come to us in the situation you have described), then we punish for it.’”

It is reported that the Prophet (pbuh) said: “When the ruler starts searching for the causes of suspicions among the people he perverts them.” (Abu Dawud, Al-Hakim).

We also note that the explicit prophetic teachings greatly encourage the believer to cover himself (i.e. to keep his mistakes and sins to himself) and to cover others. 

(Abdullah) Ibn Umar reported that after sanctioning the transgression of Maa’iz bin Malik Al-Aslami, the Messenger of God (pbuh) said: “Refrain from this blemish (fornication/ adultery) that God has forbidden. If however one of you is involved in it, it is covered by God’s secret (that is to say, let him keep for himself the secret without disclosing it) and (he should) repent to God. Indeed, anyone who informs us of his crime (i.e. confesses it) should be punished according to the Book of God.”

Man and the Battles of the Heart

“The day whereon neither money nor children will avail, except him who comes to God with a sound heart.” (Ash-Shu’ara, 26: 89-90).

On Judgement Day, only a sound (pure) heart (Qalbun Saliim) shall benefit man. By a sound heart, it means a heart that holds the faith taught by God and His prophets (as) and which is free of any form of polytheism (Shirk). It is also, like I am telling you “a heart that is pure from all kinds of dirt, including disobedience.”

The heart is continually exposed to the seductions of this world. When the heart is imbued with the fear of God, it manages to resist these temptations. But in the absence of that awe, the heart will be corrupted and will push the individual to disobey his Creator.

The Holy Prophet (pbuh) said: “Temptations will be presented to men's hearts as reed mat is woven stick by stick and any heart which is impregnated by them will have a black mark put into it, but any heart which rejects them will have a white mark put in it. The result is that there will become two types of hearts: one white like a white stone which will not be harmed by any turmoil or temptation, so long as the heavens and the earth endure; and the other black and dust-coloured like a vessel which is upset (turned upside down), not recognizing what is good or rejecting what is abominable, but being impregnated with passion.” (Muslim).

Man must throughout his life wage a merciless battle against the seductions and temptations of this world. To achieve this, he must strengthen himself through acts of worship.

Justice and Rights in Spouse Relations

India: Muslim Women’s Struggle for Justice

Textual Islam, as emerging from the Qur’an and the sacred Prophetic traditions, provides a fascinating framework to think about and shape an egalitarian family and social order. Islamic tradition envisions justice and fairness in all types of human relations- family engagements, business agreements, state administration and world order. Islam theorizes that the balancing of freedoms and responsibilities, rights and duties among the stakeholders is central to the long term cohesiveness of all types of social institutions. Hence, it commends equity, reciprocity, generosity and even magnanimity  as diverse approaches that could be appropriately deployed for fostering family relations and retaining social order on an even keel. It insists on moderation and restraint and just dealings even in adversarial/strained relations. The Book of God also warns Muslims by citing the lessons from history, of other communities and nations that had abused their freedoms and failed their souls, so that they may observe the Divine limits of conduct. 

It  is an irony of history that despite Islamic empires ruling over most parts of modern India for centuries altogether, the Muslims today stare at the bleak prospect of remaining at the margins of the Indian State for the foreseeable future. With the partition of the subcontinent in the 1940’s into India and Pakistan on the exit of British colonial administration, the Muslims were reduced to a neglected, minority group of 'second-class citizens' among the sea of Hindus in the 'secular', 'democratic' India. Majoritarian political mobilization, rising religion-based adverse discrimination, communal prejudices and other exclusionary biases, denial of fundamental rights and deprivation of basic entitlements are rampant in India today. So much so that astute political observers fear that 'Hindutva'- the political cry for ultra-'Hinduisation'- might bury India's composite culture and latent secular ethos in its majoritarian triumphalism. Muslim women in India, thus, suffer from multiple disadvantages. Their vulnerability is directly related to and arises from the unjust social order prevailing in the country: the political system and the governing elites have failed to bring about an egalitarian society for all of the people through appropriate interventions, including legal reforms and sustained commitment to the equal application of the laws. The traditional community leaders have also failed the Muslim women, they are unable or unwilling to ensure the basic rights and entitlements of the womenfolk in issue areas such as marriage and divorce, child care, family support and maintenance. Their failures are glaring and pronounced, given the impressive presence of a range of normative principles within the Qur'an and the Prophetic Traditions that address this vital area of family relations. 

The patriarchal dimensions of the Indian society, including among the Muslims, often perpetuate a 'family and community order' that inherently subjugates and oppresses women. Husbands are thus increasingly utilizing 'technological means' and new communication devices to get rid of their solemn marital responsibilities. It is revolting that such men/husbands who neglect their Qur'anic duties on respecting the rights and entitlements of their former spouses on divorce, apparently enjoy legitimacy and community support, even as the Mullahs and Maulvis who constitute the community leadership, fail their vocation to stand by the victims, by their abject failure to insist on justice and fairness through internal reforms.

India's imperfect democratic legal system, despite its structural biases and other inherent judicial inefficiencies, does offer the prospect of waging struggles for justice and reforms. This 'lawfare' possibility has in the past been invoked by spirited individuals, human rights activists and civil society movements to advance the cause of fairness and justice at multiple levels and scales in this diverse society. Of late, the Muslim women are organizing themselves to challenge the denial of rights in their every day lives. Former wives, abused and unfairly treated in marriage and out of it and are unjustly denied of their rights on divorce, are seeking to invoke the Qur'an and the national law in order to resist the male chauvinism and brinkmanship on display. 

Reproduced below is an Article in the Indian newspaper, The Hindu, dated October 02, 2016. The article by Vaishna Roy chronicles the remarkable story of a social worker, Zakia Soman, and the women's organization she co- founded, Bharatiya Muslim Mahila Aandolan (Indian Muslim Women's Association) that is leading the legal struggle for banning certain unjust practices such as "Triple Talaq" that are being grossly misused by privileged men to neglect their legal responsibilities on divorce-matters. 

A few rabid, patriarchal men were speaking on the community’s behalf. And they were talking rubbish. We felt the need to raise a voice.’

Bharatiya Muslim Mahila Aandolan turns 10. Feisty co-founder Zakia Soman describes the journey.