Mrs. Nikhath Fathima’s resignation from the All India Muslim Personal Law Board (AIMPLB) is at a wrong time and it is not going to bring any benefit to anybody. She should have been in the Board expressing her stand and co-operating with it as Islamic scholars belonging to different schools of thought are doing. She should have asked the Board to popularise the Qur’ānic procedure for divorce in case husband and wife cannot live together despite best efforts. It is said that the kingdom of God is shaken when this ugly word talaq is pronounced. In Islam marriage is a sacred contract which is meant for life long period. In pious Muslim families one cannot even utter this word.
Mrs. Nikhath says, “The Board represents various sections of Muslims, including Ahle Hadees and Shias, both of which do not recognise instant triple talaq. Why are their views not being accepted?” The well-known fact is that all the four recognised schools of thought – Hanafi, Shafi, Maliki and Hambali – do not say that instant triple talaq is invalid. No Mufti belonging to any of these schools, however powerful, can alter it. There is no authority to change the Shari’ah laws. One cannot amend them according to one’s whims and fancies. According to the above mentioned four schools of thought who are in an overwhelming majority, when this word is pronounced thrice talaq occurs and is considered three talaqs. Even Mrs. Nikhath says, “In exceptional circumstances such as when the wife is suffering long term abuse but does not have the guts to break away, instant talaq can be a boon.” There is need for mutual understanding, flexibility and co-operation in a partnership to make things go on without disturbances and be happy. Arrogance never pays but lands in troubles. We must have guts to tolerate and not break away. There is no heart which cannot be won.
The urgent need of the hour is to make the Muslim community realise the importance of giving higher education for their boys and girls along with religious education to enable them to lead a happy and peaceful life giving no room for things like anger, pride, ego, etc.
As far as Mrs. Nikhath’s demand for allowing women in mosques is concerned, of course wherever possible and wherever facilities are available, they are invited on certain occasions for lectures and other educational programmes. It is not that Muslim women are prohibited in mosques. Nobody says that they have no right to enter mosques. The fact is that they are praying at home and are encouraged to do so as they are exempted from coming to the mosque. They are happy with this system.
Her further remarks that “some of the Board members run businesses where 70% of the workforce is women. They don’t mind women going out of their homes to work but will not allow them in the mosque. Why? Because they will start reading the Qur’ān and learn of their rights under Islam” have no takers. I need not explain it as everyone knows that they are not based on facts.
Yes, Muslim women should be empowered educationally and economically particularly in the present highly materialistic world to protect their dignity and lead a happy and respectable life without being at the mercy of others.
The present stand of the Jamaat-e-Islami Hind, Ahle Hadees and Shias in firmly backing the Muslim Personal Law Board is the right decision backed by the entire Indian Muslim community. There is no point in demanding what is not possible. Unity is strength.