MUHAMMAD RAZIUL ISLAM NADVI is presently Secretary of Tasneefi Academy and Assistant Editor of Tahqeeqat-e-Islami Aligarh. He is author of many books and has also translated many others. He completed his Aalim and Fazil courses from Darul Uloom Nadwatul Ulama Lucknow and BUMS and MD from Aligarh Muslim University. In an interview with MOHD NAUSHAD KHAN he said the kind of huge and historic protests by Muslim women in various parts of India and the message that has come out should be considered while dealing with the Triple Talaq Bill.
Why do you think Muslim women remain in the eye of the storm on the issues of equality, Hijab and Triple Talaq, etc.?
The opponents of Islam, whether in the West or here in India, have come to believe, erroneously though, that the family system of Islam is weak as they pick this weak point to target Islam. They are of the view that if they attack this point which they think is the soft target they would be able to present Islam in poor light. They also think it would help garner more support from others to target Islam and their followers. The West has always targeted the family system, women’s right, freedom and place of women in Islam and highlighted that women in Islam do not enjoy equal rights. The same mindset can also be found with the people who are opposed to Islam in India as well. Nationally and internationally it is a well-hatched conspiracy to tarnish the image of Islam and its family system.
In the recent past we saw how Muslim women in huge numbers protested the Triple Talaq Bill in various parts of India and at some places it was called historic. What kind of message was sent by those protests? Will they have any kind of impact if the Bill is sent to the Select Committee for further consideration?
Compare the number of women who are in favour of the Triple Talaq Bill with the number of the women who are against it in order to make their respective stands clear. With this comparison we find there is no ratio at all to make any kind of comparison because the women who are in support of the Triple Talaq Bill are in very small number, insignificant and immaterial. The signature campaign drive by women on the initiative of All India Muslim Personal Law Board was a grand success as crores of Muslim women put their signatures, which in itself speaks volumes about how good or bad the Triple Talaq Bill is for women. Of those women who are in favour of Triple Talq Bill and want some kind of action on Triple Talaq there may be some women with genuine grievances but a majority of them are not even following the guidance and principles of Islam or there is possibility of being aided and abetted by some groups enjoying some kind of political patronage.
If the guidance and teachings of Islam are followed in totality in the matters of marriage and talaq or in any other matter then there cannot be even one woman victim. There has been degradation in the practice of religion based on the teachings and guidance of religious scriptures of every religious group and so is the case with the followers of Islam. In the Muslim society too there are Muslims who are Muslim just for the namesake. People have become self-centred, selfish and do not practise Islam the way it is required to. And therefore they do not hesitate or feel ashamed in grabbing other’s rights, be it a family or society. People keep self-interest above that of others and always try to harm others.
The huge protests we have seen in various parts of the country will have some kind of impact as we move forward from here. The kind of protests and the message that has come out should be considered while dealing with the Triple Talaq Bill. In order to counter the Bill, Muslim bodies should raise their voice that as per the law of the land and the Constitution personal laws are safeguarded and they must not be tampered with. The impact of huge and historic protests by women and the opposition can now be seen when very recently the Union Cabinet approved of the inclusion of provision that the FIR can be filed only by the victim or her blood relation and also incorporated the provision of bail which was not there in the earlier draft of the Talaq Bill.
There should be reform in the personal laws but the reform should be done by those who hold an authority on Muslim Personal Laws. Reform must not be done by those who are not aware of the teachings and guidance of Islam and Muslim Personal Laws. And also not by those who are trying to become champion of the Muslim women’s cause and want to change the personal laws.
Do you believe Muslims have failed to present a practically good image of our personal laws and that could also be the reason of some of the misunderstandings related to our personal laws?
It is true that the Islamic family system and family laws have not been introduced to our Indian society. Islam does not completely justify the concept of equality between man and woman as preached, practised and propagated in the West and also in India. According to Islam, there is equality between man and woman in all aspects but the conditions are different in the various aspects. We have not been able to present these aspects of the level of difference in the desired manner. It is true that due to influence of other faiths we too have not given due rights to women in all walks of life. Muslim women have the right to Nikah, freedom to do Nikah of her choice, right to mehr, right to ancestral property, and right to Khula. There are many rights which Islam gives to Muslim women but they are denied of their rights. The Muslim society so far has practically failed to give these rights to Muslim women. Some personal law issues are neither introduced properly nor practised in the desired manner. And it is because of these reasons that those who are against Islam get a chance to provoke some of them to raise their voice against some of the practices of Islam.
Polygyny is being debated now. What is the Islamic viewpoint on polygyny?
We should try to understand what the actual teachings on the issue of polygyny are and what the present condition is. In Islam polygyny has been allowed but not enjoined. If the situation arises that an individual wants to go for second marriage then he is allowed to do so but there are some valid and logical terms and very strict conditions. And it is clearly said in the Qur’an that if those terms and conditions are not taken care of or not fulfilled then one should not go for second marriage at all. There could be many possibilities where an individual can marry again. Gone are the days when a lot of men used to die and therefore the number of women increased as compared to that of men.
Today there can be many individual problems for which one can think of second marriage. Supposedly if a woman is continuously ill and for the sake of biological needs her husband can think of polygyny. This polygyny would also be in the interest of the ailing wife who may require some support and assistance as she is ill. Also if a woman who is perfectly fine on health ground, but cannot conceive and in order to increase the family tree the man can go for polygyny. Islam has clearly said that if there is requirement of second marriage then only go for polygyny. In polygyny there has to be equality in the man’s treatment with both the wives. He is required to spend equal time and money and do justice to them. If there is possibility of his failing in these matters then polygyny is strictly prohibited.
However, the cases of polygyny, as per the findings, surveys and researches, have been more in all other religious societies in India as compared to those in the Muslim society. And the percentage of increase of polygyny over the years is less among Muslims as compared to that among people of other religions. This is just a political propaganda and done only to malign the image of Islam and their followers. Theoretically there are very strong terms and conditions on polygyny in Islam and practically too the cases of polygyny are less among Muslims as compared to those among the people of other faiths.
What’s your take on the issue of Nikah Halala in the light of Islamic Shari’ah?
We have to understand the term Halala and what is in practice. As I have already said that the teachings of Islam are not followed the way they are required to. The guidelines of Talaq given in Surah Baqra of the Qur’an are not followed properly. According to the Qur’an, the relationship between husband and wife is very strong and it must not be brought to an end abruptly and in a fit of anger. If the relationship cannot move forward then the decision has to be taken by following the process of Talaq as per the teachings. Islam gives two chances of reconciliation to save marriage and this due process should be followed. If these steps fail then in the third step of divorce both of them would be separated and free to marry elsewhere. Incidentally, if the second husband also divorces her then there is an option available that if she wishes she could marry her first husband and this husband will be halal for her and this process is to provide relief for such a woman. In such a case, the Qur’an gives another chance for the woman to marry for the third time. In that third marriage the first husband can also offer but he cannot do so forcefully. The marriage can take place only if there is mutual understanding and not by force. The present day practice of Halala which is also very rare is against the teachings and guidelines of Islam and Islamic Shari’ah.
The Qur’an does not say that if a husband wants to re-marry her divorced wife again then he should find another man of his choice so that he (another man) can marry his first wife and then divorce her so that he (the husband) can marry her again. This is a very wrong practice and not permissible in our Shari’ah. There is very wrong impression being created that every man who gives Triple Talaq also tries to go for halala; this is false and misleading.
However, efforts should be made to stop this heinous practice even though its occurrence is very minimal. Muslim bodies are also thinking on it and are continuously trying to educate and create awareness among the people to follow Shari’ah in letter and spirit and not as per one’s wishes.
You said there is possibility of reform in our personal laws but that reform should come from the people who hold authority in Islami Shari’ah. What are the areas you feel there should be reform in personal laws?
One important teaching of Islam is that a girl should get her due share in wirasat (inheritance). It was also not in practice with the people of other religions. After talk on equality now they have also started to give share to their girls contrary to their religious belief; this was until yesterday not possible. The teachings of Islam for share in inheritance are very clear but they are not practised. And those who do not wish to give due share to girls try to make various excuses. The concept of Talaq in the Muslim society is very wrong. There is thinking that if an individual has not uttered Talaq thrice then Talaq remains incomplete. However, even after pronouncing it once, there can be total separation if the process of all reconciliation fails. The situation has reached to such a state that if an individual has uttered Talaq only once then also the lawyer presents it as Triple Talaq. A perception has been created that if an individual has divorced then he must have pronounced it thrice. It is therefore required to highlight the correct process of Talaq.