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Books and Documents

Islamic Sharia Laws

How Islamic Is Instant Triple Talaq?
Sultan Shahin, Founding Editor, New Age Islam
How Islamic Is Instant Triple Talaq?
Sultan Shahin, Founding Editor, New Age Islam

As an average Muslim understands, in Islam intention is all-important. So much so, that when a Muslim stands up for prayer, it’s not considered enough that he is doing everything that is done in prayer. He has to specifically state that he intends to pray. Now read what AIMPLB’s law book says in the matter of triple talaq:

“Talaq-e-Sareeh i.e. Talaq by using clear and plain words effect divorce whether one intends divorce by them or not.”

It must have been based on this that the Deobandi fatwa told a young Muslim husband that even if you wrote the word talaq thrice in jest while chatting playfully with your newly wedded wife online, your divorce is final and you cannot remarry her unless your wife performs halala, that is, marries someone else, consummates her marriage, sleeps with the new spurious husband for a few nights, and gets a divorce from him later.  Halala is the most obscene social practice among Indian Muslims which has the blessings of all sections of ulema....

The presence of different religious schools of thought before and after the independence has been with dual impact both positive and negative as it never let the issue of Sharia’s incorporation resolve both in the inherited. The different sects and religious school of thoughts could hardly agree upon a specific ideology to be adopted as a guideline, like which Sharia to have opted as a guideline....

 

It is for the government of India to take a call in the matter. Why should Indian Muslim women not deserve the protection of Islam provided to their counterparts in Pakistan, Bangladesh and elsewhere, practically in the entire Islamic world, except Saudi Arabia. ... Why should Indian Muslims suffer the indignities imposed by the British in our land under an Anglo-Mohammedan law? ...

A debate kick-started by Personal Law reforms may then provide us an opportunity to take the issue of theological reforms to other areas too, which are far more important to the community and our religion. Personal Law debate would bring out the obscurantism of our ulema to the fore. It would bring out their lack of concern for Islam or Muslims. 

We have to virtually create, find acceptance for and popularise a new Islamic theology of peace, coexistence, inclusiveness, pluralism and gender equality. 

The stagnation, total lack of any theological debate, in the Muslim community, just has to be breached and broken. The stagnation suits the Islamist extremists who have a very coherent, well-designed, well-thought-out theology of violence and exclusivism, hatred and intolerance, as well as gender inequality and discrimination.

In essence, Muslims should not clamour for the Hudud just to fuel identity politics. Likewise, Muslim spokesmen should stop feeding the political passions of their religious constituents. Islam needs people of vision, not apologists....

“Ahok’s is the biggest blasphemy case in the history of Indonesia. He is the governor of Indonesia’s largest city, an ally of the president. If he can be sent to jail, what could happen to others?” he said. Harsono said more than 100 Indonesians had been convicted of blasphemy in the past decade, with acquittals in such cases extremely rare...

Is Qadri really a hero? Is this right to declare a person your ‘hero’ who has unlawfully killed a man? Usually people do not like to indulge themselves in debates that have some religious aspects, being afraid of unexpected consequences, but today I want to highlight where we are headed when it comes to the question of religion. There is no Surah or Hadith which says that the convict of blasphemy should be sentenced to death....

Triple Talaq: ‘I Divorce You, I Divorce You, I Divorce You’
Ibrahim B. Syed, New Age Islam
Triple Talaq: ‘I Divorce You, I Divorce You, I Divorce You’
Ibrahim B. Syed, New Age Islam

In the Qur'an, Nikah is described as Misaqan Ghaliza, i.e., strong bond and has explained how and with whom one can enter into this strong bond and this strong bond cannot be dissolved without proper reason and method.  It certainly cannot be dissolved whimsically.  A man has to pass through different stages to bring about reconciliation either by persuading his wife to behave properly, or by appointing arbitrators as per Qur'anic injunctions (4:35).  ...

The Qisas and Diyat law has become a powerful means for criminals to kill and get off scot free, especially in cases of honour killings. A woman is killed by her brother in the name of honour and the case is settled with the father or the rest of the family....

 
The Qur'an Does Not Mandate Hijab
Ibrahim B. Syed, New Age Islam
The Qur'an Does Not Mandate Hijab
Ibrahim B. Syed, New Age Islam

Some Muslim scholars are under the impression that the Arab women used to roam around with their head and bosoms totally uncovered; and the Qur’anic verse (24:31) instructed them to pull their ‘Khimar’ from their back onto their exposed bosoms. This assumption is correct as it is based on historical facts....

A Definition of Muslim Fundamentalists and Fundamentalism
T.O. Shanavas, New Age Islam
A Definition of Muslim Fundamentalists and Fundamentalism
T.O. Shanavas, New Age Islam

Sharia is central to Islamic faith. It is the Divine Law of Guidance for personal and public behaviour of Muslims, and justice to humanity. Justice is one word in Islam that wraps balance, harmony, fairness, mercy and equity together for the society to function cohesively, where none has live in fear of the other but God. In its absence, humanity will degenerate into a dysfunctional society....

Too Many Misperceptions about Muslims, Shariah Law
S. Amjad Hussain
Too Many Misperceptions about Muslims, Shariah Law
S. Amjad Hussain

The Shariah practiced by the so-called Islamic State or ISIS is anathema to even al-Qaeda and the Taliban. The logical question is whether these Shariah are accepted by a majority of Muslims. The answer is an emphatic no....

To be fair the Ulama agree that triple talaq in one sitting is not the best way to give divorce. However, it seems clear to me that they have a problem with the state doing away with this practice. The courts itself, in the eyes of these Ulama, do not know Islamic law, but the worst fear seems to be that non-Muslim would be sitting in judgment over what is perceived to be a solely Islamic issue. This again is the pernicious exclusivism practiced when it comes to the Muslim religious establishment.

The relevant Quranic verses pertaining to divorce is verse 2:229-30 which opens with Al-Talaqu-Marratan which means 'divorce may be pronounced twice.' Maulana Usmani opines that the word 'marratan' itself implies a gap of time between the two pronouncements of divorce. It is during this period that attempts at arbitration and reconciliation have to be made. After this period, if the differences cannot be resolved, a final and irrevocable third Talaq is to be pronounced, for it has been said that a woman must either be retained in honour or released in kindness.....

Reforming Muslim Personal Law
Ali Raihan, New Age Islam

There are two main stumbling blocks when it comes to reforming personal law of Muslims. First of course are the Muslim Ulama who argue quite erroneously that the personal law cannot be changed as it based on sharia which in turn they proclaim as divine. In their thinking, disturbing the Muslim personal law is equal to disturbing the divine law which is understood as perfect. ...

Could This Quran Curb Extremism?
Daniel Burke
Could This Quran Curb Extremism?
Daniel Burke

By contrast, early Muslims revered the Quran as the literal word of God but knew that not every verse should be interpreted literally, argue the editors of "The Study Quran." Disputes and commentary about sacred scripture are not a modern, liberal betrayal of Islamic tradition. They are the tradition.

A perusal of the Islamic law of inheritance is very instructive in this respect. For instance, the share of a daughter is half of the share of a son. This means there is apparent inequality, but when this is considered in the context of the economic roles and responsibilities of men and women, its justification becomes manifest.

 

The Prophet’s example of marrying a minor girl (Aisha) is not relevant for it is conceivable that all his marriages that he contracted as the head of a rapidly expanding community after the death of his first wife Khadija were of purely of political and conceivably celibate nature and no Muslim can replicate his role as a head of an expanding community under divine guidance. Therefore his marriage with Aisha cannot be considered as a basis for marrying off a minor girl......

Related Articles:

Reform India's Muslim Personal Law, Breach the Stagnation in Muslim Religious Thought, Use the Opportunity to Work out A New Islamic Theology of Peace, Pluralism and Gender Equality

http://newageislam.com/islamic-sharia-laws/sultan-shahin,-editor,-new-age-islam/reform-india-s-muslim-personal-law,-breach-the-stagnation-in-muslim-religious-thought,-use-the-opportunity-to-work-out-a-new-islamic-theology-of-peace,-pluralism-and-gender-equality/d/104278

Indian Muslim Ulema Who Insist On Retaining the Anti-Qur’anic Triple Talaq (Instant Divorce) In Muslim Personal Law Are Sinners, Haters of Their Women-Folk and Criminals and Must Be Resisted

http://newageislam.com/islamic-sharia-laws/muhammad-yunus,-new-age-islam/indian-muslim-ulama-who-insist-on-retaining-the-anti-qur’anic-triple-talaq-(instant-divorce)-in-muslim-personal-law-are-sinners,-haters-of-their-women-folk-and-criminals-and-must-be-resisted/d/104483

The Qur’anic Sharia (Laws) On Divorce, Triple Divorce, Temporary Marriage, Halala stand Forbidden (Haram)

http://www.newageislam.com/islamic-sharia-laws/the-qur’anic-sharia-(laws)-on-divorce--triple-divorce,-temporary-marriage,-halala-stand-forbidden-(haram)/d/6391

A Draft of Indian Muslim Family Act Prepared By Bharatiya Muslim Mahila Andolan

http://newageislam.com/islamic-sharia-laws/dr-noorjehan-safia-niaz/a-draft-of-indian-muslim-family-act-prepared-by-bharatiya-muslim-mahila-andolan/d/104457

The truth is, the institution of triple talaq (instant divorce) deprives a married Muslim woman of her Qur’an rights of counseling, arbitration and negotiation with her husband prior to the termination of her conjugal rights that is binding on a man as her awliya (9:71) and qawwam (4:34). Furthermore, it gives a Muslim husband infinite power to blackmail his wife into doing anything, however immoral, or to abuse her in any way he wishes, or curtailing all her civil rights, and even forcing her to break her parental filial ties by dangling the dagger of triple talaq over her head. It is a far greater weapon of extortion and black-mail than a loaded revolver that can kill a woman’s body once and for all rather than turn her into a living dead – killing her soul leaving the body alive to bear the agony of moral death, having been reduced to virtually a slave of her husband who could shout at her at whim, beat her up, torture her and throw her out of his life by uttering once terse sentence. It is by far the most heinous legalized extortion of the defenseless married Muslim women in India that forces this Muslim writer to exercise utmost restraint in castigating its advocates lest he may be charged of using unscholarly diction and reduce this most serious essay into polemical narrative.

The Muslim Personal Law (Shariat) Application Act, 1937 was passed to ensure that customary law does not take the place of Muslim Personal Law. However in the absence of a codified law, customary practices which are divergent from the values and principles of the Quran have emerged. New codes have been introduced globally with the hope that they will introduce the rule of law in family matters and end arbitrariness and variances in judicial decisions. In India there is a need to have a comprehensive codified family law to ensure justice within the family.

Experts point out that oral triple Talaq has no sanction in Islamic jurisprudence, and is in fact banned in many Muslim countries. According to Prof Mahmood it is “banned all over the Muslim world. Why should India be sticking to this 7th century law?”

In a strongly-worded article Sultan Shahin, editor-in-chief of New Age Islam website, backed call for government intervention.

“It is for the government of India to take a call in the matter. Why should Indian Muslim women not deserve the protection of Islam provided to their counterparts in Pakistan, Bangladesh and elsewhere, practically in the entire Islamic world, except Saudi Arabia. Egypt, Iran, Jordan, Morocco, even Yemen and Sudan have more modern Muslim Personal Laws than India. Why should Indian Muslims suffer the indignities imposed by the British in our land under an Anglo-Mohammedan law."

For far too long, it has been treated only as a woman's issue with even liberal men reluctant to speak up. But the fact is that it potentially affects every Muslim family. And the next woman to be dumped via a text message or cheated out of her Mehar or denied maintenance could be our own mother, sister or daughter....

Related Article:

Reform India's Muslim Personal Law, Breach the Stagnation in Muslim Religious Thought, Use the Opportunity to Work out A New Islamic Theology of Peace, Pluralism and Gender Equality

Difference between Shariah and Deen
Maulana Wahiduddin Khan
Difference between Shariah and Deen
Maulana Wahiduddin Khan

On the one hand, the Quran (42: 13] says that the Deen or religion that God has sent humankind is one and the same and that it has been sent to every messenger in the same form. On the other hand, from the above-cited Quranic verse (5: 48), one learns that God has established a difference with regard to the Shariah and Minhaj or methodology of religious practice of the different messengers.  Different messengers were given different Shariah and different methodologies......

 
Hudud and the Saudisation of Islam in Malaysia
Abdar Rahman Koya
Hudud and the Saudisation of Islam in Malaysia
Abdar Rahman Koya

There is a worrying trend of the Saudisation of Islam in Malaysia, where Islam is represented by bearded men in meteorologically challenged outfits and women in tents behind tinted MPVs....

 
Malaysian Politics: Riding a Tiger
The Economist
Malaysian Politics: Riding a Tiger
The Economist

It is hard to imagine Hudud, corporal and capital punishments laid down in traditional Islamic law, actually being implemented in Kelantan. But the renewed discussion is harming Malaysia’s reputation as a bastion of moderate Islam....

 
Sifting Muslims from Islamists
Kunwar Khuldune Shahid
Sifting Muslims from Islamists
Kunwar Khuldune Shahid

‘Reclaim Australia’ protests were held in 16 Australian cities on Saturday, and were attended by hundreds of demonstrators, who want to ban anything and everything from the Burqa to Halal certifications, from Shariah law to Islam itself....

It is hard to imagine Hudud, corporal and capital punishments laid down in traditional Islamic law, actually being implemented in Kelantan. But the renewed discussion is harming Malaysia’s reputation as a bastion of moderate Islam....

 
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