The Ethical-Moral Discourse of the Qur’ān on Monogamy and Divorce
M A K Tayab, Dr FM Ingalgi and Dr IM Khan
The Centre for Contemporary Studies
#61, 3rd Cross St., 16th ‘A’ Main 4th Block,
Koramangala, Bangalore – 560 034
Pages: 43
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Reviewed by PROFESSOR M. RAFAT
The stated objective of this paper is to highlight the ethical and moral dimension of the Qur’ānic injunctions – specifically on monogamy and divorce. The authors contend that the Qur’ān’s primary emphasis is on ethical and moral development of the society and not on prescribing merely a set of legal injunctions. In this contention, the authors are of course right.
The Qur’ān indeed wants to awaken the moral sense in human beings; it does not merely want the implementation of laws and regulations. Further, all rules prescribed by Islam are rooted in morality, and these moral foundations cannot be ignored in the actual implementation of the legal set of rules.
The authors quote the Qur’ānic verses quite correctly to prove that the Qur’ān demands of a husband, complete justice between wives – in case he has multiple wives. Then the authors criticise the Muslim Personal Law Board but this criticism is vague. No specific charge is laid on the Board, by the authors. The authors clearly know that polygamy – with the condition of justice – is indeed permitted by the Qur’ān. Mere quibbling cannot take away this permission.
The authors present monogamy as the norm. As a statement about the factual situation in any society, this is certainly true. But to claim that monogamy is a prescribed norm of ethical or legal nature, needs substantiation. The authors have not provided any evidence to support their assertion. Their emphasis on justice is however certainly justified.
DIVORCE
After discussing polygamy, the next theme taken up by the authors is divorce. The authors graphically present the current practice of Muslims in India regarding divorce. The Muslims usually ignore all ethical injunctions and even norms of decency. Specifically the situation is the following:
- Triple talaq is given, at one go.
- No maintenance is given to the divorced wife.
- Children are not taken care of.
- Women have no avenue for redressal.
This critique of the Indian Muslims’ conduct is indeed justified. A massive campaign to educate and reform Muslims so that they follow the Qur’ānic procedure for talaq – if at all talaq becomes necessary – is urgently called for and is need of the hour.
The authors seem to think that the scholars associated with the Muslim Personal Law Board or those of a particular school of Fiqh, approve of tripe talaq. This is certainly not true. No scholar is of the view that triple talaq is Islamic way of divorce. All of them agree that the correct procedure of divorce is the one given in the Qur’ān and it is gradual. All scholars also agree about the need to educate and reform Muslims in this regard. No such major campaign has however been launched though the Board has – time and again – expressed its resolve to take up reformation of the Muslim society in a big way. It has stressed the need to focus on issues related to family life.
The actual point on which schools of fiqh disagree with one another is “whether the triple talaq given at one go by a misguided, careless or ignorant person may be treated as just a single talaq – irrespective of the intention of the person, pronouncing it”. There are two views about this question. But this does not mean that upholders of either view regard triple talaq as the proper procedure. They simply differ about the legal effects and consequences of this act viz. the act of triple talaq. This disagreement must be examined separately. Notwithstanding this disagreement, all groups agree that triple talaq is not the proper procedure.
MEHR
The authors next discuss mehr (which is an obligatory gift of husband to wife).
Under this heading, the authors correctly describe the Islamic position. The husband must pay the full mehr, unless the wife – by her own free will – forgoes a part of it. However the authors – under this heading – make a very strange assertion viz. that maintenance should be given to all divorced women (if they do not remarry) even after the expiry of iddat (waiting period). This is certainly not true. Maintenance is obligatory only during the iddat period and the provisions in Surah TALAQ are quite explicit on this point.
SALIENT FEATURES
Under this heading, the authors have summarised the salient features of the Qur’ānic injunctions. The authors have made a good attempt at depicting the procedure for talaq – as given in the Qur’ān. However, they should have included the steps recommended by the Qur’ān, before the first talaq is pronounced.
It is clear from the teachings given in the Qur’ān that before the talaq is pronounced, efforts should be made for reconciliation between husband and wife. These efforts include two steps. One step is to be taken by the husband himself. We find the following injunction in Surah Nisa:
“Men are the protectors and maintainers of women, because Allah has made one of them excel over the other, and because they spend out of their possessions (to support them). Thus righteous women are obedient and guard the rights of men in their absence, under Allah’s protection. As for women of whom you fear rebellion, admonish them, and remain apart from them in beds and chastise them. Then if they obey you, do not seek ways to harm them. Allah is the Exalted, the Great” (Verse 34).
This verse advises the husband to mend matters by counselling his wife and if that fails then he should show his displeasure by discontinuing intimate relations. He may finally resort to chastisement. If these measures fail to bring about reconciliation, then arbiters (HAKAMS) from both sides should be involved. The next verse of Surah Nisa deals with this step:
“If you fear a breach between the two (i.e. husband and wife), then appoint an arbitrator from his people and an arbitrator from her people. If they both want to set things right, Allah will bring about reconciliation between them.” (Verse 35)
If both these steps i.e. the husband’s own efforts and efforts of the arbiters fail to mend matters and bring about reconciliation between husband and wife then the husband may pronounce just one talaq (during the period of TUHR).
Then he must of course maintain the woman and let her peacefully live in the same house, for the iddat period. During this period, he may revoke the talaq if reconciliation seems possible. Otherwise, after the expiry of the iddat, the two will separate. Even after this separation, they may again marry one another, if both are willing.
The authors should have included the pre-talaq steps in their summary to give the complete picture. In spite of some lapses the authors have written a thought-provoking paper. It deserves the attention of all those who are desirous of reforming the Indian Muslim society.