Books and Documents

Debating Islam (15 May 2016 NewAgeIslam.Com)


  • No doubt, debate on Islamic ideologies must happen. 
    By gholam ghouse - 8/17/2019 4:44:24 AM

  • I would like to say some basic facts concerning triple talaq, Halala, and polygamy. As I have stated in another thread, sex is an inexorable law of nature and particularly men can easily fall into temptation at the flip of a skirt.  Men are more inclined to use triple talaq on flimsy ground as by nature they are polygamist and women monogamist. While everyone is harsh towards women, the second great prophet of Islam is very tough on men.  He said “ I tell you that anyone who looks at a woman lustfully has already committed adultery with her in his heart”  We know when we look at our sister-in-law, mother-in-law, daughter in law or at a house maid, lustfully soon we run into problems that cannot be easily repaired. We run away from homes. Was it not a pathetic sight when the US president Bill Clinton, who had an affair with Monica Lewinsky, appeared on TV sweating and said “I am a sinner” to the whole world.

    Any family becomes a disaster when the head of the family looks for second or third wife, where women cannot be the object of love but of carnal relationship. Allah has originally intended a nuclear family when he created Adam and Eve and said “ The man shall leave his father and mother and cleave to his wife and the two shall become one flesh” Only in a nuclear family possibilities are there to have a truly conjugal love and affection and intimate love and concern for children. When men have extra marital affairs or in a polygamous marriage they cannot fully satisfy their wives sexually unless they do hard physical job or aerobic exercises. Their heightened and passionate affair with the other make them selfish and do not adequately prepare their wives and often play like the keyed doll for few minutes and start snoring, ignoring wife’s shouting “little more” “little more”. Sexually aroused women without reaching orgasm become nervous wreck. Men often beat and rape them or pronounce triple talaq. It is really a tragic thing when an ideology that allows men to have multiple wives and at the same time allows them to beat their wives for refusing sex.  Untold inner suffering of Indian Muslim women reflects on their opinion; 91% want to abolish triple talaq.  Why Halala is another tragic thing, because when orgasm takes place with another man “two-become-one-flesh” is pronounced. This indelible impression comes to the woman’s mind from time to time and destroys her family life. Allah says “Don’t you know that he who unites with a prostitute is one with her in body”

    Any community that encourages polygamous marriages will end up in poverty. Let us imagine a family of four wives and forty children in rural Africa or Afghanistan. Mind becomes sharpen and expand when one has inner struggle and tries to control the impulses. This does not happen in polygamous family structure. “Don’t make America poor” warned US government to Mormons a religion founded by Joseph Smith that exhorts polygamous marriage.

    “Controlling the impulse is the first principle of civilization” said Will Durant. To the question of Play boy magazine US president Jimmy Carter replied “ I never touched any other woman in my life but sometimes with my mind for that I ask forgiveness from God” I watch Arab Israeli conflict for the last 25 years and never heard that an Israeli soldier raped an Arab woman. That speaks volumes about ‘controlling the impulse’ that leads to the fact 14 million Jews produced more than 180 Nobel laureates. As far as the voluntary chastity is concerned Jewish women rank first.in the world.

    I don’t think the members of the Sharia Committee are sophisticated enough to understand the issues involved in triple talaq and Halala. These Madrasa graduates cannot raise a simple question “ Will the abolition of triple talaq and Halala empower the women and maximise the well-being of Muslims?

    By Royalj - 6/30/2016 4:46:01 AM

  • Assalamoallaikum to all of you: I can't understand Muslim can be such stupid, they don’t rationalize the ground and fundamental of Sharia Low came from, there is no such Law, which we can call as sharia law, it is all manipulated scripts, compiled by those people who was fighting after the death of Mohammad. Don’t you think rather than just blindly saying sharia law can’t change, don’t you guys have brain to think those folks can fight after the death of Mohammad they haven’t manuscripted their own personal low.

     Quran has entire chapter regarding Tilaq and their procedure.


    O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.

    And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah. That is instructed to whoever should believe in Allah and the Last day. And whoever fears Allah - He will make for him a way out


    And will provide for him from where he does not expect. And whoever relies upon Allah - then He is sufficient for him. Indeed, Allah will accomplish His purpose. Allah has already set for everything a [decreed] extent.


    And those who no longer expect menstruation among your women - if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allah - He will make for him of his matter ease.


    That is the command of Allah , which He has sent down to you; and whoever fears Allah - He will remove for him his misdeeds and make great for him his reward.


    Lodge them [in a section] of where you dwell out of your means and do not harm them in order to oppress them. And if they should be pregnant, then spend on them until they give birth. And if they breastfeed for you, then give them their payment and confer among yourselves in the acceptable way; but if you are in discord, then there may breastfeed for the father another woman.


    Let a man of wealth spend from his wealth, and he whose provision is restricted - let him spend from what Allah has given him. Allah does not charge a soul except [according to] what He has given it. Allah will bring about, after hardship, ease.


    And how many a city was insolent toward the command of its Lord and His messengers, so We took it to severe account and punished it with a terrible punishment.


    And it tasted the bad consequence of its affair, and the outcome of its affair was loss.

    Do some rationalize study rather than showing true Muslims and true follower.

    By Syed Mohd Sanaullah - 6/1/2016 5:24:09 PM

  • Triple talak has become a big issue in India. Fortunately in Sri Lanka it is not allowed. Our beloved Prophet permitted women to go Masjid, it was Hazarath Omar who stopped it. Yet today women are permitted to go the Masjid for their prayers. Male chauvinism must end and women should find their right place in Islam.  
    By Zarook M.C.M. - 5/26/2016 12:50:39 PM

  • Yes, but who will bell the cat , Sir? Even if AIMPLB is brought around, the likes of Maulana Mulayam, Osama Digvijay, Rahul Afzal and Abubakr Sitaram Yechudi will sabotage it , if necessary, through religious rioting and RSS-BJP will be blamed for all this.
    By Dereck Darlong - 5/18/2016 11:58:22 AM

  • The rules of Islam will never change but God has given the human beings authority to act as per their will but there's a way given by God and His prophet to lead life. The result is that one who leads his or her life in accordance with the laws of God, he or she will get reward and those who don't care for the divine laws will also get reward. But there is a lot of hardships in following the divine laws but in Islam coercion is strictly prohibited in performing religious laws, everybody is free to do whatever they want. The issue of triple talaq also falls under the divine law but one is free to take talaq or to give talaq according to the so called civilised or modernised or progressive humans. By forming a collective or consensual law by the materialistic progressive world community ,the divine law will not change.
    By Raihan Raza Raza - 5/18/2016 11:53:07 AM

  • @Llu samir patel..first prayers are important then place as well..
    Why men are asked to pray in masjids has reasons..one i may sum up in a couplet..
    Ek hi saff mai khede mehmood o ayaz
    Na koi banda raha na banda e nawaz..

    By Faisal Wani - 5/18/2016 11:52:05 AM

  • @ U.p. Ojha i hoped that after getting defeated in previous debates of this post on basis of LOGIC and rationale thinking you will no try your luck again. so what are you doing to make caste convertible. when sangh pariwar is going to promote some of their lower caste members to higher varna
    By Iqbal Husain - 5/18/2016 11:47:00 AM

  • New Age Islam's post.
    Nicely articulated.Worth reading.Reform of any society must come from within the society concerned.We must not be prisoner of 1400 yrs back thoughts .

    By Mosarraf Hossain - 5/18/2016 12:14:52 AM

  • Mr Sultan Sahin with great respect you are requested to put into public the Islamic thoughts which are stagnant and what is your view on triple Talaq

    By Mohd Yunus - 5/18/2016 12:13:26 AM

  • Who the hell is one to challenge the shariat laws

    By Shamim Anwar - 5/18/2016 12:12:27 AM

  • If Islamic way of divorce is abolished, nobody would like to go to court for divorce as it takes decades of long process. The Muslims would also start burning their brides and killing them in order to get rid of them as other religious people do.
    By Raihan Nezami - 5/17/2016 10:39:16 AM

  • @Iqbal Husain- I have not seen a single person like you as mullah in your mosques. Mullah positions are hereditary position and we know that. Those who preach your religion are picked up from maddrasas and that is where the world is foccussed today. There are many non brahmins also as priests. If you are not aware, can't be helped. None of the temple are known to distribute charities as Sanathan society doesn't believe in increasing numbers by conversion. By the way , stick to your communitys problems as described in the article instead of directing your focus to practices in other religions. That would be healthy.

    @Patel- Yes the female needs to stay at home, take care of children or avoid staring eyes.

    By Sridhar Santhanam - 5/17/2016 10:27:23 AM

  • @Soumen Mitra i have not seen any single non brahmin priest in temples. even distribution of charity is given to one caste only.
    By Iqbal Husain - 5/17/2016 10:24:49 AM

  • @Faisal Wani but she can go. she has other option to pray at home. and in India women prefer to pray at home. by the way what is important? prayer or place of worship? for male it is compulsory to pray in masjid. but for women it is not so as she has to look after children
    By Ilu Samir Patel - 5/17/2016 10:24:22 AM

  • It's an attempt to deregulate muslim law rather than feminism development
    By Athar Mudasir - 5/17/2016 9:14:27 AM

  • Yes Muslim Personal Law should be abolished.
    By Syed Mahound Sanaullah - 5/17/2016 9:01:10 AM

  • Reformers brought changes in the practices and traditions of all religions except perhaps Islam. In the case of Islam the Muslims themselves have to bring the desired changes. Any outsider speaking about the need for reform in Islam will be abused as intervening in their religious practices. The Muslims themselves have to feel the need for change and work for it and fight for it.Then it will be a permanent change.
    By Banda Gangaraju - 5/17/2016 8:56:34 AM

  • 07: After Divorce The question that arises immediately after divorce is of ways and means to meet one’s necessary expenses. . One’s answer is to resort to the Islamic law of inheritance. If women were to be given their due share according to Islamic law, there would be no question of a woman becoming destitute. But, sad to say, the majority of Muslim women fail to get their due share of inheritance from their deceased fathers and husbands as stipulated by Islamic law. If they could do so, this would be more than enough to meet such emergencies.

    However, Islam has not just left women’s financial problems to the vagaries of inheritance, because parents are not invariably in possession of property that can be divided among their children. Further arrangements have been made under the maintenance law, but this has no connection with the law of divorce. The answer to this question must be sought therefore in the Islamic law of maintenance.

    Here we shall briefly describe some of its aspects: 1. In case the divorced woman is childless or the children are not earning, according to Islamic law, the responsibility for her maintenance falls on her father. That is, her situation will be the same as it was before marriage. To quote from Path al-Qadir (A standard book on Islamic Law): The Father is responsible for bearing the expenses of his daughter till her marriage, in the event of her having no money. The father has no right to force her to earn, even if she is able to. When the girl is divorced and the period of confinement is over, her father shall again have to bear her expenses. 2. If the divorced woman has a son who is an earning member of the family, the responsibility for her maintenance falls entirely upon him.

    All that rightfully belongs to a wife will be the duty of the son to provide, that is, food, drink, clothes, house and even servants, if possible. Ibn ‘Abidin, Ramal-Mukhtar ‘ala ad-Durr al- Mukhtar, 2/733 3. In the case of the father being deceased, and where even her children are unable to earn, her nearest relatives such as brothers or uncles are responsible for her upkeep. In the absence of even this third form, the Islamic shari‘ah holds the State Treasury (baitul mal) responsible for bearing her expenses. She will be entitled to receive the money for her necessities. Because of the number of provisions made under Islamic law for women it has never been the case in Islamic history that Muslim divorced women have been cast adrift, helpless, with no one to look after them.

    Indian columnist, Khushwant Singh has remarked that we do not hear of Muslim women committing suicide or being tortured like Hindu women, which is a proof that Islam has already given them adequate liberty and has- made enough provision for them to be supported in times of emergencies. A new dimension has been added to the issue since the women of this day and age can leave their homes to work, and are therefore not as entirely dependent on men as they used to be in the past: there is no need then to make laws which provide for them at the expense of their men folk.

    When they are earning like men, what is the point in making such a law? Only in exceptional cases, surely, do they need to be looked after, and ways and means of doing so can generally be worked out quite satisfactorily on a personal level. Notes 1. Encyclopaedia Britannica (1984), vol. 7, pp. 163Q64. 2. Ibid. 3. Ibid. 4. Bertrand Russell, Autobiography, (London, 1978), pp. 563-564. 5. The Hindustan Times, (New Delhi), October 12, 1985. 6. Abu Dawud, Sunan, Kitab at-Talaq, 2/255. 7. Qur’an, 2:236. 8. Qur’an, 33:49. 9. Qur’an, 4:130. 10. Ibn Majah, Sunan, Kitab an-Nikah, 1/636. 11. Qur’an, 4:21. 12. Ibn Majah, Sunan, Kitab an-Nikah. 13. Abu Dawud, Sunan, Kitab at-Talaq, 2/255. 14. Muslim, Sahih, Kitab ar-Rada’, 2/1091. 15. Qur’an, 2:229. 16. Fath al-Bari, 9/275. 17. Fath al-Bari, 9/275. 18. Rawai’ ai-Boyan, 1/334. 19. A standard book on Islamic Law. 20. AI-Shaokani, Fath al Qadir, 3/344. 21. Ibn ‘Abidin, Ram al-Mukhtar ‘ala ad- Durr al-Mukhtar, 2/733. For further information, contact us at info@ cpsglobal.org (link sends e-mail).

    By Sahab Ali Khan - 5/17/2016 8:50:33 AM

  • 06: Today, anyone who cites ‘Umar’s ruling as a precedent in order to justify the finality of a divorce based on three utterances of the word talaq on a single occasion should remember that his verdict will remain. Unenforceable for the simple reason that he does not have the powers that ‘Umar, as Caliph, possessed. ‘Umar’s verdict was that of a powerful ruler of the time and not just that of a common man.

    It is necessary at this point to clear certain misunderstandings which have arisen about the extent of agreement which existed on ‘Umar’s ruling. Of all the Prophet’s Companions who were present at Medina at that time, perhaps the only one to disagree was ‘Ali. As a result of this, certain ‘ulama have come to the conclusion that the Prophet’s followers (Sahabah) had reached a consensus (‘ijma) on this matter. Rawai’ ai- Boyan, 1/334 But the consensus reached was not on the general issue of divorce, but on the right of Muslim rulers to make temporary and exceptional rulings, as had been done by ‘Umar. It is obvious that the Companions of the Prophet could never have agreed to annul a Qur’anic injunction or to modify for all time to come a prescribed system of divorce.

    All that was agreed upon was that exceptional circumstances warranted exceptional rulings on the part of the Caliph. He was entitled to punish in any manner he thought fitting, anyone who digressed from the shari‘ah. This right possessed by the ruler of the time is clearly established in the shari‘ah. Many other instances, not necessarily relating to personal disputes, can be cited of his exercise of this right. The Meaning of Provision In Islamic jurisprudence, the material arrangements that a man makes for his divorced spouse are termed “divorce provision.” There is a consensus among Muslim scholars that this provision in no way means life-long maintenance, there being absolutely no basis for this in the divine scriptures. The concept of maintenance for life is, in fact, a product of modem civilization. It was never at any time enshrined in divine laws, either in Islam, Judaism or Christianity.

     In material terms ‘provision’ simply takes the form of a gift handed over by the man on parting, so that the woman’s immediate needs may be catered for, and in all cases, this is quite commensurate with his means. But the Qur’an makes it explicit that the parting must above all be humane and that justice must be done: “Provide for them with fairness; the rich man according to his means, and the poor according to his. This is binding on righteous men. Do not forget to show kindness to each other... reasonable provision should also be made for divorced women. That is incumbent on righteous men.” Qur’an, 2:236. When divorce takes place before the settling of the dowry and the consummation of the marriage, even then the man must give the woman money or goods as a gesture of goodwill. In this instance the question of his repaying dowry money does not arise. The Qur’an is also quite explicit on this, “Believers, if you marry believing women and divorce them before the marriage is consummated, you have no right to require them to observe a waiting period. Provide well for them and release them honorably.” - Qur’an, 33:49. This “waiting period” (iddah) actually applies to a woman who has been married for some time and who may, subsequent to the divorce, discover that she is pregnant.

    This statutory waiting period of three months makes her position clear and then the man is required to pay her additional compensation if she is expecting his child. But again there is no question of maintenance for life, for the Qur’an seeks a natural solution to all human problems. It would, therefore, be wholly against the spirit of the Qur’an for a woman to be entitled to life maintenance from the very man with whom she could not co¬exist. Such a ruling would surely have created a negative mentality in society. The Qur’an again has the answer: “If they separate, God will compensate each of them out of His own abundance: He is Munificent, Wise.’’ - Qur’an, 4:130 The munificence of God refers to the vast provision that God has made for his servants in this world. In various ways God helps such distressed people. For example, when a woman is divorced, it is but natural that the sympathy of all her blood relations should be aroused. And, as a result, without any pressure being put on them, they are willing to help and look after her.

    Besides, a new will power is awakened in such a woman and she sets about exploiting her hidden potentialities, thus solving her problems independently. Furthermore, previous experiences having left her wiser and more careful, she feels better equipped to enter into another marital relationship with more success. Contd-

    By Sahab Ali Khan - 5/17/2016 8:50:01 AM

  • 05: A man may say “talaq” to his wife three times in a row, in contravention of the shari‘ah’s prescribed method, thereby committing a sin, but if he was known to be in an emotionally overwrought state at the time his act may be considered a mere absurdity arising from human weakness. His three utterances of the word talaq may be taken as an expression of the intensity of his emotions and thus the equivalent of only one such utterance.

     He is likely to be told that, having transgressed a shari‘ah law, he must seek God’s forgiveness, must regard his three utterances as only one, and must take a full three months to arrive at his final decision. In the first phase of Islam, however, a different view of divorce was taken by the second Caliph, ‘Umar ibn al-Khattab. An incident that illustrates his viewpoint was thus described by Imam Muslim. In the Prophet’s lifetime, then under the Caliphate of Abu Bakr and also during the early period of the Caliphate of ‘Umar, three utterances of talaq on one occasion used to be taken together as only one utterance.

    Then it occurred to ‘Umar ibn al-Khattab that in spite of the fact that a system had been laid down which permitted the husband to withdraw his first, or even second talaq, men still wanted to rush into divorce. He felt that if they were bent on being hasty, why should not a rule be imposed on them binding them to a final divorce on the utterance of talaq three times in a row. And he proceeded to impose such a rule. This act on the part of the second Caliph, apparently against the principles of the Qur’an and Sunnah, did not in any way change the law of the shari‘ah.

    To think that this led to any revision of Islamic law would be to misunderstand the situation: the Caliph’s order merely constituted an exception to the rule, and was, moreover, of a temporary nature. This aptly demonstrates how the Islamic shari‘ah may make concessions in accordance with circumstances. Each law of the shari‘ah may be eternal, but a Muslim ruler has the power to make exceptions in the case of certain individuals in special sets of circumstances. However, such a ruling will not take on the aspect of an eternal law. It will be purely temporary in nature and duration. It is a matter of Islamic historical record that when any such person was brought before ‘Umar for having uttered the word talaq three times on one occasion, he held this to be rebellious conduct and would order him to be flogged on the back. Fath al-Bari, 9/275 Perhaps the most important aspect of this matter is that when ‘Umar gave his exceptional verdict on divorce being final after the third utterance on a single occasion of the word talaq, his position was not that of a powerless ‘alim (scholar) but of a ruler invested with the full power to punish-as a preventive measure- anyone who went against Qur’anic injunctions.

    This was to discourage haste in divorce. By accepting a man’s three talaqs on the one occasion as final and irrevocable, he caused him to forfeit his right to revoke his initial decision, thus leaving him with no option but to proceed with the divorce. On the other hand, the Caliph had it in his power to fully compensate any woman affected by this ruling. For instance, he was in a position to guarantee her an honorable life in society and if, due to being divorced, she was in need of financial assistance, he could provide her with continuing maintenance from the government exchequer, baitul mal, etc. Contd-

    By Sahab Ali Khan - 5/17/2016 8:49:26 AM

  • 04: Two Ways of Divorcing However, it has to be conceded that life does not always function smoothly, like a machine. Despite all safeguards, it sometimes does happen that a couple reaches a stage of such desperation that they become intent on separation. Here the Shariah gives them guidance in that it prescribes a specific method for separation.

    The Qur’an expresses it thus: “Divorce may be pronounced twice, then a woman must be retained in honor or allowed to go with kindness.” Qur’an, 2:229 This verse has been interpreted to mean that a man who has twice given notice of divorce over a period of two months should remember God before giving notice a third time. Then he should either keep his spouse with him in a spirit of goodwill, or he should release her without doing her any injustice. This method of divorce prescribed by the Qur’an, i.e. taking three months to finalize it, makes it impossible for a man seeking divorce suddenly to cast his wife aside. Once he has said to his wife (who should not at this time be menstruating), “I divorce you,” both are expected to think the situation over for a whole month. If the man has a change of opinion during this period, he can withdraw his words. If not, he will again say, “I divorce you,” (again his wife should be in a state of “purity”) and they must again review the situation for a further month.

    Even at this stage, the husband has the right to revoke the proceedings if he has had a change of heart. If, however, in the third month, he says,“I divorce you,” the divorce becomes final and the man ceases to have any right to revoke it. Now he is obliged to part with his wife in a spirit of good will, and give her full rights.

    This prescribed method of divorce has ensured that it is a well-considered, planned arrangement and not just a rash step taken in a fit of emotion. When we remember that in most cases, divorce is the result of a fit of anger, we realize that the prescribed method places a tremendous curb on divorce. It takes into account the fact that anger never lasts -- tempers necessarily cool down after some time-¬and that those who feel like divorcing their wives in a fit of anger will certainly repent their emotional outburst and will wish to withdraw from the position it has put them in. It also takes into account the fact that divorce is a not a simple matter: it amounts to the breaking up of the home and destroying the children’s future. It is only when tempers have cooled down that the dire consequences of divorce are realized, and the necessity to revoke the decision becomes clear.

    When a man marries a woman, he has to say only once that he accepts her as his spouse. But for divorce, the Qur’an enjoins a three-month period for it to be formalized. That is, for marriage, one utterance is enough, but for a divorce to be finalized, three utterances are required, between which a long gap has been prescribed by the shari‘ah. The purpose of this gap is to give the husband sufficient time to revise his decision, and to consult the well- wishers around him. It also allows time for relatives to intervene in the hopes of persuading both husband and wife to avoid a divorce. Without this gap, none of these things could be achieved. That is why divorce proceedings have to be spread out over a long period of time. All these preventive measures clearly allow frayed tempers to cool, so that the divorce proceedings need not reach a stage that is irreversible.

     Divorce, after all, has no saving graces, particularly in respect of its consequences. It simply amounts to ridding oneself of one set of problems only to become embroiled in another set of problems. Despite all such preventive measures, it does sometimes happen that a man acts in ignorance, or is rendered incapable of thinking coolly by a fit of anger.

    Then on a single occasion, in a burst of temper, he utters the word “divorce” three times in a row, “talaq, talaq, talaq!” Such incidents, which took place in the Prophet’s lifetime, still take place even today. Now the question arises as to how the would-be divorcer should be treated. Should his three utterances of talaq be treated as only one, and should he then be asked to extend his decision over a three- month period? Or should his three utterances of talaq on a single occasion be equated with the three utterances of talaq made separately over a three-month period? There is a Hadith recorded by Imam Abu Dawud and several other traditionists which can give us guidance in this matter: Rukana ibn Abu Yazid said “talaq” to his wife three times on a single occasion.

    Then he was extremely sad at the step he had taken. The Prophet asked him exactly how he had divorced her. He replied that he had said “talaq” to her three times in a row. The Prophet then observed, “All three count as only one. If you want, you may revoke it.” Fath al-Bari, 9/275 Contd-

    By Sahab Ali Khan - 5/17/2016 8:48:40 AM

  • 03; Islam regards marriage as an extremely desirable institution, hence its conception of marriage as the rule of life, and divorce only as an exception to that rule. According to a Hadith, the Prophet Muhammad said, “Marriage is one of my Sunnah (way). One who does not follow it does not belong to me.” Ibn Majah, Sunan, Kitab an-Nikah. When a mail and a woman live together as husband and wife, it is but natural that they should have their differences, it being a biological and psychological fact that each man and each woman born into this world are by their very nature quite different from each other.

    That is why the sole method of having unity in this world is to live unitedly in spite of differences. This can be achieved only through patience and tolerance; virtues advocated by the Prophet not only in a general sense, but, more importantly, in the particular context of married life. Without these qualities, there can be no stability in the bond of marriage. According to Abu Hurayrah, the Prophet said, “No believing man should bear any grudge against a believing woman. If one of her ways is not to his liking, there must be many things about her that would please him. “Muslim, Sahih, Kitab ar-Rada’, 2/1091 It is an accepted fact that everyone has his strengths and his weaknesses, his plus points and his minus points.

    This is equally true of husbands and wives. In the marital situation, the best policy is for each partner to concentrate on the plus points of the other, while ignoring the minus points. If a husband and wife can see the value of this maxim and consciously adopt it as the main guiding principle in their lives, they will have a far better chance of their marriage remaining stable. However, it sometimes happens, with or without reason, that unpleasantness crops up, and goes on increasing between husband and wife, with no apparent indication of their being able to smooth things out by themselves.

    Their thinking about each other in a way that is conditioned by their maladjustment prevents them from arriving at a just settlement of their differences, based on facts rather than on opinions. In such a case, the best strategy according to the Qur’an is to introduce a third party who will act as an arbiter. Not having any previous association with the matters under dispute, he will remain dispassionate and will be able to arrive at an objective decision acceptable to both parties. For any arbiter to be successful, however, the husband and wife must also adopt the correct attitude. Here is an incident from the period of the four pious Caliphs, which will illustrate this point. When ‘Ali ibn Abi Talib reigned as fourth Caliph, a married couple complaining of marital discord came to him to request a settlement. In the light of the above-mentioned Qur’anic guidance ‘Ali ordered that a board of arbiters, one from the husband’s family and one from the wife’s family, be set up, which should make proper enquiries into the circumstances and then give its verdict.

    This verdict was to be accepted without argument by both sides. As recorded in the book, Jami’ al-Bayan, by at- Tabari, the woman said that she gave her consent, on the book of God, whether the verdict was for or against her. But the man protested that he would not accept the verdict if it was for separation. ‘Ali said, “What you say is improper. By God, you cannot move from here until you have shown your willingness to accept the verdict of the arbiters in the same spirit as the woman has shown.” This makes it clear that a true believer should wholeheartedly accept the arbiters and their verdict in accordance with the Qur’anic injunctions. Once their verdict is given, there should be no further dispute. Contd-

    By Sahab Ali Khan - 5/17/2016 8:48:04 AM

  • 02: Separation, of course, is strongly advised against in the case of minor provocations. Are we not commanded by God to be tolerant and forgiving? It is meant only as a last resort, when it has become truly unavoidable. Islamic law is thus fair to both husband and wife, unlike occidental law, which places an undue burden on the man, while Hindu society forces the woman into familial rejection, destitution and social ostracism. Divorce in Islam Nature demands that men and women lead their lives together.

    The ideal way of leading such a life is, according to the shari‘ah, within the bonds of marriage. In Islam, marriage is both a civil contract entered into by mutual consent of the bride and groom, and a highly sacred bond to which great religious and social importance is attached. However, in the knowledge that an excess of legal constraints can lead to rebellion, such injunctions have been kept to a realistic minimum and have been formulated to be consistent with normal human capabilities. Moreover, their enforcement is less relied upon than the religious conditioning of the individual to ensure the maintenance of high ethical standards and appropriate conduct in marital affairs and family life.

    The state of marriage not only lays the foundations for family life, but also provides a training ground for individuals to make a positive adjustment to society. When a man and woman prove to be a good husband and a good wife, they will certainly prove to be good citizens in the broad spectrum of their social group. This has been aptly expressed in a Hadith: “The best of you is one who is best for his family.” Ibn Majah, Sunan, Kitab an-Nikah, 1/636 The family being the preliminary unit for the training of human beings, its disintegration has an injurious effect on the society to which those human beings must individually make a positive contribution, if collectively they are to form a good and just nation. If the family no longer exists, it is the whole of humanity, which suffers.

    Once a man and a woman are tied together in the bonds of matrimony, they are expected to do their utmost, till the day they die to honor and uphold what the Qur’an calls their firm contract, or pledge. (Qur’an, 4:21) To this end, the full thrust of the Shariah is leveled at preventing the occurrence of divorce; the laws it lays down in this regard exist primarily, therefore, as checks, not incentives. Contd-

    By Sahab Ali Khan - 5/17/2016 8:47:26 AM

  • 01: Islam does not hold Triple Talaq as Lawful There is a common misconception that a man can say Talaq, Talaq, Talaq to his wife in a row and it will lead to Talaq. This is totally an unIslamic practice. While marriage is the rule of life, and divorce only an exception, the latter must also be accepted as a reality. Indeed there already exist commandments to deal, accordingly, with such cases in both divine and human laws.

    The only true, authentic representation of divine law now exists in the form of the Qur’an, it having been preserved in its entirety by God and free, therefore, from all human interpolations. In the Qur’an, and in the Hadith, there are various commandments regarding divorce, the main point being that divorce should be sought only under unavoidable circumstances. The Prophet spoke of it as being the most hateful of all the lawful things in the eyes of God, and said that when it does take place, it should be done in an atmosphere of good will. In no way should one harbor ill will against the other. Abu Dawud, Sunan, Kitab at- Talaq, 2/255 Just think of couples wasting away the whole of their lives in mental torment only because the conditions of separation and its consequences are hard to meet. It is as unnatural as anything can be. Islam is a natural religion. Such a situation has not developed in Muslim communities because Islamic law on marriage and divorce provides for all, or almost all, eventualities. For example, when a woman wishes to divorce her husband, she has to put her case before a religious scholar, or a body of religious scholars.

    They then give consideration to her circumstances in the light of the Qur’an and the Hadith, and, if they find that there are reasonable grounds for separation, they decide in her favor. The reason that the woman must have scholars to act on her behalf is that women are more emotional than men-as has been proved by scientific research- and it is to prevent hasty and ill-considered divorces taking place that she is thus advised. If we seldom hear of Muslim women committing suicide, or being murdered by their in-laws, it is because they have the alterative - separation. Contd-

    By Sahab Ali Khan - 5/17/2016 8:46:43 AM

  • Dr Prakash..... “…please, clarify the term 'ANGLO-Mohammedan' ?”
    Like you I too do not know what ANGLO means in this connection but, ‘Mohammedan’ – I think means those who take Abu Abdallah Muhammad ibn Ismail ibn Ibrahim ibn al Mughira ibn Bardizba al Jufi al Bhukhari, of Bukhara as their …imam!
    By Inquisitive - 5/17/2016 4:31:52 AM

  • Would you/anyone, please, clarify the term 'ANGLO-Mohammedan' ?
    By Dr Suthar Om Prakash - 5/16/2016 8:47:37 PM

  • ..dear kashmri pandit brother and perker of RSS. i have regards for your views which are polorised goop worst raciast..however, your vice president being muslim, kindly, tender this advice to him that hecant be trusted and being muslim is dangerous...thx fr camp based thought..
    By Nazir Ahmad Bhat - 5/16/2016 9:27:43 AM

  • @Nazir Ahmad Bhat,it smacks of force and herd thinking, i have definite proof Kashmiris like you were converted through force,all this would have been forgotten had Islam known peace or more precisely had followers of Islam changed with times. Now they cannot be trusted,because it is dangerous to leave Islam in the hands of common man,because they distort it and tend to take text seriously,because they have frog in well attitude. It is not my problem that Semitic religions are word of Allah, that is your problem, I have to think in more universal terms.
    By Bilhan Kaul - 5/16/2016 9:26:33 AM

  • gentleman, Bilhan Kaul  your prodigal assertion to make insertions in apostle things is no where smearingly possible. those who commit faith unto semtic religions including islam preceed their faith unto it that it is word of almighty allah, once, you disown such faith, you have least any liberty to touch this topic...that is why i said earlier you together with author of post are politically motivated...

    By Nazir Ahmad Bhat - 5/16/2016 9:24:51 AM

  • Now Mr Nazir Ahmad Bhat, you may say Islam is word of god but all religions are invented by man,it will not take much for a man to understand that,but peer pressure in Islam is terrific,so you tend to think in a herd manner rather than individual, Islam needs reform because you cannot apply sixth century laws,and then tell the world it is word of god,what do you think leave others alone,is Islamic thought the word of god,because no religious word is word of god,leave alone Islamic text, all religions are man made.

    By Bilhan Kaul - 5/16/2016 9:20:56 AM

  • Now Nazir Ahmad Bhat it is too much, respected rss intellectual, what are you respected Jamat islami intellectual, however human beings can change ,nothing is flexible in them,we have known since long time that Islam needs enemies ,it sort of gives them edge,that is why if anyone talks reasonably, he is dubbed as rss activist,however, if rss,and Jamat people say earth is round,it does not take the truth away ,I once again like to tell you your ancestors did bend in face of Islamic onslaught in Kashmir. They should not be blamed, however.

    By Bilhan Kaul - 5/16/2016 9:19:02 AM

  • @Anand Kumar..respected RSS intellectual..haris is rebel and unislamic ...political grouse to link with religion is altogether diffrent.in hindusim with all respects there are coroes of gods AND wih patent diffrences, more prominetly the diffrences of arya samaj with traditional methods of worship?you did not quote zakir naik or isar ahmad on the subject but immediately quoted haris, then you will move to tasleem of bangla to sequeeze islam withinsuitable pungent you otherwise, have with it..do not you know at jaipur literary function a pervert VS NAIPUAL who in his book openly said that he hates muslims and islam, was highly nonored because he demonised the muslims by his writing and marganalised the islam for not being reformed in way to allow drink, dine, dance freely in int..please relax though, emotionally polorised in this behalf..
    By Nazir Ahmad Bhat - 5/16/2016 9:17:01 AM

  • @Wani sahib,I give damn to Hinduism, I am Kashmiri and I do not feel kick Hindus are one billion, I seriously believe that there population should be curbed,tell us local religion,Islam is foreign and people have misused the hospitality of Kashmirs to convert them,so you have to be converted not to see my point of view.
    By Bilhan Kaul - 5/16/2016 9:15:29 AM

  • @Faisal Wani I never ever see a single woman to go to masjid for namaz, in our India.
    By Soumen Mitra - 5/16/2016 9:13:36 AM

  • Brother Sultan Shahin, can I ask you to deliver references as to why Tripple Talak is Anti-Islamic?  Find it here - with solid references from Sharia law, the Quran and Prophet (S) - hasanmahmud.com/index.php/movies/hilla-the-silent-genocide 
    By Hasan Mahmud - 5/16/2016 8:08:51 AM

  • Hazrat Uthman (rad) collected the Quran and arranged in a shape of book it was not an innovation in order of the arrangement because the Quran was compiled by the Prophet (sal) at his last period, according the same order Hazrat Abu Bakr (rad) collected it and kept it in safe hands. Hazrat Uthman followed the same Quranic  order, which was arranged by the Prophet (sal).  
    By Mohammad Ishaque foujdar - 5/15/2016 9:36:58 PM

  • We are not worried what Shariat says .! In these columns I wrote 5000 years or 1400 years rules or Shariat has now become absolute now .By ttering " Talaq " for 3 times means divorce .

    This happens only Semetic religions ,Islam , Judaism and Christianity .Few years back ,a Muslim woman ,Shahbina was divorced and when she went to court for subsistence for her living and the Supreme Court gave judgement in her favour ,Indian Muslims staged strikes against it . Rajiv Gandhi favoured Muslims and passed a law in the Parliament to appease Muslims .

    After Talaq where the unfortunate woman be able to live .In Hinduism , there is a pattern for divorce : some things have to be proved ----the consent of the woman , the impotency of the wife , the absence of the husband from the home for a long time .and things and after divorce the husband has to give money as subsistence . .It means there is the right of enjoying many women .Human Right does not recognize Islam .

    Where will the unfortunate divorce woman go .No allegation , no evidence ! Zakir Nair says what he has in his mind .826 women for 1000 men and he says 5 or 6 women because the population of women is greater than men .What a motivated statement ! God says give divorce to your wives and get a still beautiful wife .It is against humanity .The 60 year mullah marries a girl of 16 years by divorcing his wife in our city .My friend , a Lecturer married another women .Hinduism regards women as " devis ( goddess ) and no religious rite is done without wife .Teach the younger generation civilization and not " Talaq " or " Jihad " Let they be IAS or IFS officers .What a mockery in this Scientific and Civilized age .

    Send your daughters to colleges and higher education .I really feel disgusted to see all this .Leave this " Phatasy " and come to reality .God loves both men and women alike

    By Dr Ravinder Mohan Sharma - 5/15/2016 9:03:49 PM

  • Rigidity , stubbornness & strict adherence to tailor made pattern , makes Islam a non flexible , rather primitive . With no roomfor any change
    By Vijay Gautam - 5/15/2016 9:01:33 PM

  • @ Mr ojha muslim women are not barred to enter masjids... the problem with u is that u dont understand the difference a masjid(place of worship) and dargh(ziyarat) bettr get urself educated first....
    Debate can be done but not under the support of saffronites..

    By Faisal Wani - 5/15/2016 9:00:16 PM

  • Both under the Indian Constitution and UN's Universal Declaration of Human Rights, gender equality is a fundamental right of women, hence our laws have to comply with it. Practices such as triple talaq and halala must be considered obsolete. The Quran only requires that our laws must be just, fair and egalitarian. What is just, fair and egalitarian must be determined by the civil society in each era.
    By Ghulam Faruki - 5/15/2016 8:59:23 PM

  • Thou shall Change. Amen. Stay blessed
    By Vikram Brahma - 5/15/2016 8:57:22 PM

  • I am a Hindu .Man is the greatest creation by God .Remember ,I am commenting on Relgion .Humanity is still to be consrseds .The real battle is between non- believer in God or religion taken in its theology . What a foolishness .people are quarreling of different religions among themselves ,whereas the quarrel ought to be between Religion and Atheists . I will tell a story : A man from the village with a hen went to his friend in city .He was welcomed ; they enjoyed the hen .After 3 o4 days a man from the former's house in the the village went to the man in the city .He gave his introduction as : I am the friend of the man , who brought the ' hen " The host entertained him with the hen .Then after some 10 days , another man came and said :" I am the friend of the friend who gave you hen." The host entertained him with the hen .Then after some days another man came and said : " I am the friend of the friend of the friend of the friend ,who gave you the hen." The host gave him the " shorba " of then hen .Then men from the village continue to visit the host saying :" I am the friend of the friend of the friend of the friend who gave you the hen." The host then served him with the " shorba " of the hen .But when the man ate the " shorba " he said :" Yar ,it is pure water and not the "sorba " .The host said :" It is the shorba of the shorba of the shorba ,of the shirba of that hen .". Is is now clear : A custom dating 5000 years or 1400 years can not work .It is " shorba " of the shorba , of the shorba , of the sorba of that hen .The flesh was finished ,then the shorba and what remained was " Water " only .There was the custom of child marriage , Sati tradition ( burning of a widow on the funersl pyre of her husband .But customs prevailing some 5000 years in ancient Hindu tradition are now absolete .The same is the tradition of having 5 or 6 wives and abandonment of a wife ( Talaq ) by simply uttering 3 times " talaq , talaq , talaq is not a good tradition in this 21 st century is unlawful and un- Democratic . Thanks
    By Dr Ravinder Mohan Sharma - 5/15/2016 8:55:38 PM

  • Nothing going to be changed 😃😄😅
    By Santosh Shaw - 5/15/2016 8:53:19 PM

  • @mr.kaul first correct your spellings to figure me out in right name? by putting me to farical word game is no answer..what i said is based on apostle bearings of religion islam.
    By Nazir Ahmad Bhat - 5/15/2016 8:53:00 PM

  • Wah wah,Nazis @Nazir Ahmad Ahmad, you need gold medal for Islamic thought,advising others that you are wrong and I am right,and this advise has come under the banner of religion, otherwise who could advise the way you advise ,you do not tend to think religion will shield me. Mr nadir Ahmad bhat,do you know the origin of religion.
    By Bilhan Kaul - 5/15/2016 8:50:37 PM

  • ..the topic smells well planned political jeb which carries inherent stock of contradictions and hate oriented materails to satiate its bete noir who sponsored it..questioning the legality and relevance of trpple talak as largely misuded by arrogant muslims often at their personal greed to join sex of their choice, yet, other quries peraining to the authenticity of holy quran and its relavaance by seeking intervention of human intellect as arrogant and well planned as ahmides and other wished, long ago..the tpoic has political consideration and loses the merit of being balanced and impartial..
    By Nazir Ahmad Bhat - 5/15/2016 8:49:13 PM

  • It is frozen in time with a big lock on Allah's tongue. Even Allah is powerless here. I am reminded of Ayn Hirsi Ali, she says that Islamists cannot change their ways. Your commentators can be best understood by reading Ayn Hirsi Ali. Sorry to have commented here.
    By Anand Kumar - 5/15/2016 8:43:00 PM

  • Sultan shahin,I have no words to express for your wonderful work,you have potential to be great reformist,notwithstanding the fact that others will say you don't know Islamic law so on and so forth,now I will tell you this without reading the full comment on your site, because if you know human behaviour especially Islamic behaviour , you tend to know the response. However people who follow Islam are human beings too and it will not take much to reform them. Only it takes time to overcome prejudices.
    By Bilhan Kaul - 5/15/2016 8:42:17 PM

  •  U seems to b an enemy of Islam.
    By Faiyaz Faizy - 5/15/2016 8:40:39 PM

  • Appreciate very honest and truthful opinion and his appeal to not only Muslim community but also nation at large to debate reforms..This is indeed act of courage as there seems lot of misunderstanding about triple talaq...
    By Dinesh Solanki - 5/15/2016 8:40:16 PM

  • Why a debate ,Quran is expressly cleared verse Nisa,if you debate on the issue,you are debating on Quran itself.?
    By Zubair Ahmed - 5/15/2016 8:39:50 PM

  • Reforms.....????!!!!!! 
    point out your perception of mistakes ? I am sure that by the grace of Allah many can shut your mouth and In sha Allah Almighty might give hidayath to you.
    Islam is a perfect religion and if some one does not understand it is not issue with the religion.

    By Mastan Shaik - 5/15/2016 8:38:51 PM

  • I suggest Sultan to read the Holy Quran and then discuss Islamic issues. In Holy Quran there are innumerable steps regarding the use of triple talaq. What people do is not the commanded way. If Muslims take refugee of triple talaq in one sitting to get rid of wife the Islam is not to be blamed there should have been religious courts to decide it with authority. Challenge the talaq as same has not been pronounced as per the commanded way. Even ISIS say that they are doing jihad but is it as per the Islamic injunctions is a million dollar question.
    I have found your mind so barren that you can not even suggest one example how it should be dealt. You are operating in a disguised form to challenge muslim faith and issue. Can you tell me which mode of talaq is more human in the world. Please mention if you have knowledge what is the mode of Jews ,christens, Buddhists ,Hindus, parses, western people and Europeans. Please take some pains to read and then come out with an article regarding comparative study of talaq. Then we can see which talaq is more human and which is not. Then we can suggest which will be better way to divorce wife. If you don't have time then don't try to prove that you are the most illiterate uneducated person. I am sorry I can not help you then. You will remain " JAHIL MUTALAQ ".

    By M Sultan Lone - 5/15/2016 8:37:52 PM

  • It is a cult based on sharia.any reforms make it lose its original form.doubt how many accept it.
    By Murty Satyanarayana Salapaka - 5/15/2016 8:37:20 PM

  • This is madness, who and how many follow this triple talaq inIndia. Get thr dats of talaq in other religion. If some one wants to seperate then one or ten utterance are the same. Study thr tragedy of divorce/Talaque in all religion youbwill find the suffrrings of women is less among mudlims.This is a political issue. Forget it do some good workbfor the wefare of all women.Protect thrir rights.Provide thrm their entitlements.
    By Shaikh Quraish - 5/15/2016 8:35:05 PM

  •  ......you think so....but, not muslims....
    By Gulu Mohanty - 5/15/2016 8:34:16 PM

  • Brother,
    I am surprised of your brave effort against the foolish hyppocracy that has become a great problematic disease around the world.
    The great Islamic population that would had elevated the human values is working as a satanic killer of humanity.
    I also admire your bid to start the reform from the teen talaak,you please add in your agenda the entry of women in shrines to empower the 50% of population who are really deprived of human rights,and it is one of the main causes of barbarism in Islam.
    May God bless you a success.

    By U.p. Ojha - 5/15/2016 8:34:00 PM

  • read ..as others wished..
    By Nazir Ahmad Bhat - 5/15/2016 8:33:13 PM

  •  Rigidity , stubbornness & strict adherence to tailor made pattern , makes Islam a non flexible , rather primitive . With no roomfor any change
    By Vijay Gautam - 5/15/2016 8:31:56 PM

  • Both under the Indian Constitution and UN's Universal Declaration of Human Rights, gender equality is a fundamental right of women, hence our laws have to comply with it. Practices such as triple talaq and halala must be considered obsolete. The Quran only requires that our laws must be just, fair and egalitarian.​ What is just, fair and egalitarian must be determined by the civil society in each era.

    By Ghulam Mohiyuddin - 5/15/2016 2:57:43 PM