S THE DEBATE OVCT the issue Aof triple divorce is becoming more and more pronounced and sharply focused, it is evident that a majority of the educationally and Resistance From Within economically well-off Muslims, both men and women, are against the Muslims against the Practice of THple Divorce pronouncement of triple divorce in a Askari Zaidi single sitting. Most of the lower income Muslim men, however, appear to be in favourof its continuation, It was a routine fatwa given by a the Shariat Act, 1937. It would be valid though their women differ from them. scholar belonging to the Jamiat Ahle only if three pronouncements are This was clearly brought out by a Hadees, a small Muslim sect which made in three consecutive terms of survey conducted jointly by MRAS/ believes in the supremacy of Hadees “ritual purity” (monthly menstrual Burke, a market research agency, and (sayings of the Prophet Muhammad), course). in and , in May this year that sparked off the The Jamiat Ulemai Hind (JUH), a as well as a convention held in the controversy. The fatwa, first body of Muslim theologians capital on August 8. pub-lished in the Jamiat’s magazine belonging to the Deoband Darul The day-long convention was titled Jarida Tarjumaan, of May 21, Uloom, however, called a press called by the Muslim Intelligentsia and later quoted in several newspaper conference in July and denounced the Meet (a social movement launched in re-ports, was generated from a case stand taken by the Ahle Hadees. The tfie aftermath of the Ayodhya tragedy) involving aman of western Uttar JUH holds the view that the to evolve a consensus in the Pradesh who had pronounced ‘talaq’ pronouncement of triple divorce in community on the issue of triple thrice to his wife in a fit of anger but one sitting is irrevocable, and if the divorce. The participants represented later regretted it. The wife was also parties wish to remarry, they cannot across section of Muslims, including willing to join him back. Citing from do so till the wife undergoes halala Islamic scholars belonging to Quranic verses and Hadees, the Ahle or the wife goes through an-other different schools of jurisprudence Hadees scholars ruled that the ‘talaq’ marriage which is consummated and (Hanafi, Maliki, Shafai and Humbali pronounced three times in a row is subsequently dissolved. among Sunnis and Jafri among Shias), taken as one, and hence it is invalid. Speaking at the seminar, Professor Muslim women activists, academics, This kind of divorce is revocable under Zeenat Shaukat Ali, who teaches lawyers and journalists. “The idea was to provide a plat-form to discuss the issue and move towards a commonality of view,” explained Professor Imtiaz Ahmad of Jawaharlal Nehru University and one of the convenors of the Meet. The debate centres around a form of divorce known as talaq-e-bidat. The most common method oftalaq-i- bidat is a triple pronouncement of the word’talaq’ in a single sitting. This pronouncement could be made even during the period of a wife’s menstrual flow, in jest, by a slip of the tongue, and under intoxication. Although disapproved of by classical jurists, it has been accepted by most of the Sunni Muslim jurists. The Shias and Muslim women in Delhi at a recent meeting to consider the divorce Malikis do not consider this form of provisions under the Muslim Personal Law in India divorce valid. 6 MANUSHI Islamic Studies at precisely what percentage StXavier’s College, of Muslim women ‘is Bombay, said that this actually divorced. The form of divorce was point is about possibilities. prevalent during the pre- The practice of Islamic period (jahilia). pronouncement of three “Neither does the Quran divorces in one sitting mention this form nor renders the Muslim woman does it seem to have been extremely vulnerable and recognised or sanctioned as long as this possibility by the Prophet,” exists, the chances of her Professor Ali stressed. being short-charged by She explained that it reckless husbands are seems to have crept into high.” Islamic jurisprudence at Seema Mustafa said the instance of the that the problems of a Omayyad monarchs divorced woman would who, finding that the remain the same till she was checks imposed by the assured of a means of Prophet on the facility of livelihood. “How does it repudiation interfered make adifference if it takes with the indulgence of 30 seconds or three their ca-price, months unless she has endeavoured to find an escape from found an alarmingly high incidence something to fall back upon?” she the strictness of the law. of divorce,” she pointed out. questioned. She demanded that Strongly pleading for Professor Imtiaz said that a large women should be given the right to discontinua-tion of the talaq-i-bidat, number of Muslims have become be “arbi-ters of their destiny.” Professor Ali said that several Islamic prone to marrying and discarding their Najmi Waziri, a High Court/ countries, including , have wives at will as a consequence of Supreme Court lawyer, pointed out amended their laws to prevent this eco-nomic development and overseas that the debate was baseless as, under form of divorce being practised. employment in the Gulf countries. “Let the Shariat Act, an individual could The statement of Maulana alone instances where triple divorce on an affidavitsay that he believed in Mohammad Iqbal of the JUH that this has been pronounced by the husband a school of jurisprudence other than form of divorce was not so common while living with his wife — and, theHanafi, and get a divorce. Abid Ali, in India came in for severe criticism. therefore, having a reasonable grouse an advocate from Lucknow, however, “The press has tried to create a against her to warrant such a proposed three solutions. First, the controversy by citing the case of one pronouncement — there are cases procedure of divorce couldbe Shakila ... Hardly one percent Muslim where triple divorce has been specified in the Nikahnama (marriage women are affected by this form of pronounced over the telephone or contract) at the time of wedding. divorce,” Maulana Iqbal said. communicated through a letter,” Second, divorce could take place in Aisha Begum, a social worker from Professor Imtiaz observed. the presence of two witnesses, and Gujarat, Seema Mustafa, journalist- He cited a recent study done by third, women could also be given the turned-politician, Professor Imtiaz, the Institute of Objective Studies right to divorce. and Dr Mehruddin Khan, a Hindi which, although inclined to show that Maulana Wahiduddin Khan, one journalist, contested Maulana Iqbal’s triple divorce was not a major problem of the few Muslim clerics who does observation forcefully. among Muslims, revealed that out of not favour rebuilding the Babri Masjid Aisha Begum said that no detailed the 544 cases studied, triple divorce mosque at the same site, and statistics were available to determine was verbally conveyed in 142 cases Professor Akhatarul Wasey Of the precisely the percentage of Muslim and communicated in writing in Jamia Millia Manila’s Department of women who were victims of this form another 205 cases. Islamic Studies, were of the view that of divorce. “However, in a survey of Professor Imtiaz emphasised that, even if the triple divorce in a single 10,000 Muslim families in Surat, we “At any rate, the point at issue is not sitting could be justified, the issue

No.77 (July-August 1993) 7 should be re-examined in the light of Quranic instructions and in consideration of the prevailing situation in the country. Haiku The convention adopted a resolu-tion which declared that the “pro-nouncement of triple divorce in one sitting was violative of Quranic in-structions” and has “allowed a Even bones of youth casual attitude to be adopted towards Aching with familiar pain women.” The convention also set up a Must be rain again. committee which will persuade the Muslim Personal Law Board to convene a conference of Islamic Summer Sky - a blanket of stars jurists, Muslim intellectuals and opinion makers to evolve an authentic they’ll be somewhere else interpretation on the issue, keeping in open my eyes tomorrow. mind the ground social realities. The most important outcome of the convention was, however, a decision In light of lamp the lizard to organise an all-woman meet in the predominantly Muslim area of pretending deep sleep. Jama?Masjid in the capital towards the The insects hover around. end of August or early September. However, men and women evidently differ in their perceptions of On my tiny potted plant, the practice of triple divorce. A recent survey conducted by MRAS/Burke a silken cobweb and The Pioneer in Delhi and Lucknow shows off in the mornin-g sun. revealed that a majority of the men were for the continuation of the practice of triple divorce in one sitting. On the Good morning friend birds other hand, most of the women folk in the area voted against the triple With the song of rain on leaves divorce. Are you keeping dry? The poll, which was restricted to households with a monthly income of less than Rs 2,500, indicated that 55 Quick sunshine you may per cent of the total number of Mus-lims, both men and women, did While the wind plays with the branch not want any change in the current Visit my sick bed. practice of triple divorce. However, a majority of women (52 per cent) wanted a reform in the system. They were A quick peep outside strongly opposed by a significant number of men (63 per cent) who would Again the sky wore new clothes not brook any change. And the sea changed too. In comparison,Lucknow emerged as a more conservative city. Sixty eight per cent of the people interviewed were Nandini Bedi against triple divorce,with only 28 percent women preferring change, as compared to 52 per cent women in Delhi. ˆ

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