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Islam, Women and Feminism (23 May 2017 NewAgeIslam.Com)


Judges Are Not Robots with Encyclopaedic Juristic Knowledge and No Heart, Intellect or Common Sense or Sense of Justice

 

By Muhammad Yunus, New Age Islam

23 May 2017

 (Co-author (Jointly with Ashfaque Ullah Syed), Essential Message of Islam, Amana Publications, USA, 2009

This is in response to the article ‘Supreme Court as Clergy’ dated May 20 by Faizan Mustafa, Vice Chancellor, NALSAR University of Law, and in sequel to his recently published articles dated May 11 and this writer’s series of articles on the issue of instant triple Talaq dating from Jan. 2012 referenced below.

Certain universal truths/ customs about Islam are above debate and cannot be dismissed by Law, nor need to be authenticated by the so-called clergy whether they are essential or non-essential components of faith. The Qur’an preaches that there is One God. Muslims recite from the Qur’an in their daily prayers. Muslims are required to do ablution (wet or dry) before commencing the prayer. The Qur’an prohibits flesh of swine as food. The Qur’an abolished the custom of burying alive of new born girls. The Qur’an abolished the custom of instant divorce and introduced a time frame for divorce. The Qur’an abolished incestuous relation between clearly identified close relations.

Now if a clergy or even a secular person says no to any of the above propositions, he is simply telling a lie against the Qur’an or is stark ignorant of what is written in the Qur’an.

This leads up to the tricky question embedded in this statement in the article in the context of instant divorce: It [The Court] does not have the expertise to decide which practice/ritual is essential/non-essential. These are purely religious questions, which is best left to clergy.”

The flaw in the statement is that i) it does not define ‘clergy.’ ii) it fails to recognize that the Qur’an does not recognize any clergy class or any other authority entrusted with the interpretation of its message.

The question around which this writer’s consistently advocated argument of constitutionally invalidating triple Talaq rests, is its enduringly devastating impact on a poor Muslim woman who receives the triple Talaq at a fatal moment.

In the blink of an eye, she loses her husband, her children, her home and hearth, her status, her livelihood. She is barred from all her Qur'anic rights; her fundamental human rights are violated. She is abjectly dehumanized, and is struck with such overwhelming shock, trauma, and mental agony, that may be no less tormenting than if she were about to be buried alive. Also unlike a wife who is, so to say, buried alive (instead of getting instant triple divorce) she will suffer stigma, disgrace and deprivation all her life. So a woman from a poor family who is handed a triple divorce suffers more grievously than if she was buried alive – a parallel that India’s ex-Union Minister Mohammed Arif Mohammed Khan aptly gave in a recent court hearing.

Bearing the above in mind, it is simply ridiculous to suggest that the ‘court’ does not have the expertise to decide the essentiality or otherwise of triple Talaq. The Judges are no robots. They are human beings. Regardless of what Muslim clergy say on a matter that is expressly repugnant to Qur’an (the holy book of Muslims), to universal human values and opposed to the noble notions of justice, mercy, compassion that distinguish man from beast, the court can surely say that such practice/ ritual cannot be ‘essential ‘to Islamic faith or for that matter any faith.

Let us not forget the case of Imrana [June 06, 2005]. Raped by her father-in-law, the local clerics invoked Hanafi law to turn the rapist father-in-law into lawful husband of the rape victim. The Supreme Court did not leave the matter with the clergy. It intervened and handed due punishment to the rapist father in law.

Think of the case of so many un-known sisters of Imrana, whom their husbands instantly divorce in a state of drunkenness or anger and then force to marry a friend and have intercourse with him and get his friend to divorce her for him to remarry her back – all within just a few days - what a colossal violation of human rights under the ambit of MPL. Is the court going to leave the mater in the hands of the clergy, which, in any case, is not recognized in Islam.

As to the learned Professor’s repetitive suggestion of incorporating a clause in the Nikahnama ‘that triple divorce shall not be given’, this writer will reiterate that “this will purport to imply imposing some limitations on the prerogatives of the male spouse, who may in practical terms, violate the contract and take recourse to this practice. … In other words, instant triple divorce must be declared constitutionally invalid and culpable in the eye of Law, and not included in Nikahnama as a condition of prenuptial contract.”[5]

This writer, who is keeping a close tab on the arguments of those who are bent on retaining ‘triple Talaq’ either in MPL or in the Nikahnama as a prohibitive clause, and is consistently tabling counter-arguments is now compelled to say this:

Having failed to establish its case by telling lies upon lies about the Qur'an in their recent submission as reported by the media and exposed by this writer in his last two articles [3-5], the advocates of triple Talaqs an Islamic custom, have taken to a labyrinthine legal argument to support their case. It is reminiscent of labyrinthine Fatwas by terror groups who will cite opinions of different scholars of different era and overwhelm the lay reader into accepting their views but the world knows they are terrorists and so are those who advocated instant triple Talaq as expounded in one of my articles referenced below:

AIMPLB Advocates Of Instant Triple Talaq Are Gender Terrorists And Traitors Of Islam And May Be Sued For Human Rights Violation Under Cover Of Religion

http://www.newageislam.com/islam,-women-and-feminism/muhammad-yunus,-new-age-islam/advocates-of-instant-triple-talaq-are-gender-terrorists-and-traitors-of-islam-and-may-be-sued-for-human-rights-violation-under-cover-of-religion/d/110871

This is this writer’s 7th article on the subject consistently advocating constitutional invalidation of triple Talaq:

[1]  Qur’anic Sharia (Laws) On Divorce: Triple Divorce, Temporary Marriage, Halala Stand Forbidden (Haram)

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

 [2 ] The Medieval-Era-Rooted, Qur’an-Conflicting Muslim Personal Law (Sharia Law) Must Be Reformed To Avoid Injustices to Muslim Women – An SOS to the Indian Ulema Fraternity

http://www.newageislam.com/islamic-sharia-laws/muhammad-yunus,-new-age-islam/the-medieval-era-rooted,-qur’an-conflicting-muslim-personal-law-(sharia-law)-must-be-reformed-to-avoid-injustices-to-muslim-women-–-an-sos-to-the-indian-ulema-fraternity/d/97692

[3]  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

 [4] Supreme Court Has Already Declared Triple Talaq Invalid – So What Is the Need for the Recent Petition to the Supreme Court

http://www.newageislam.com/islam,-women-and-feminism/muhammad-yunus,-new-age-islam/supreme-court-has-already-declared-triple-talaq-invalid-–-so-what-is-the-need-for-the-recent-petition-to-the-supreme-court/d/111090

 [5]  Triple Talaq Must Be Invalidated Constitutionally and Criminalized – Inclusion of Prohibitive Clause in Nikahnama Could Allow Its Perpetuation by Defaulters

http://www.newageislam.com/islam,-women-and-feminism/muhammad-yunus,-new-age-islam/triple-talaq-must-be-invalidated-constitutionally-and-criminalized-–-inclusion-of-prohibitive-clause-in-nikahnama-could-allow-its-perpetuation-by-defaulters/d/111139

Having stretched his vocabulary in protesting against AIMPLB and its sympathizer’s insistence to keep triple Talaq in MPL – at least as an express prohibition (thus tacitly acknowledging its religious bearing, the author would now like to end this article with the following quote from Marcus Tullius Cicero - an iconic figure of the Roman era, remembered for his political and juristic erudition:

“The enemy is within the gates; it is with our own luxury, our own folly, our own criminality that we have to contend.”

----

Muhammad Yunus, a Chemical Engineering graduate from Indian Institute of Technology, and a retired corporate executive has been engaged in an in-depth study of the Qur’an since early 90’s, focusing on its core message. He has co-authored the referred exegetic work, which received the approval of al-Azhar al-Sharif, Cairo in 2002, and following restructuring and refinement was endorsed and authenticated by Dr. Khaled Abou El Fadl of UCLA, and published by Amana Publications, Maryland, USA, 2009.

URL: http://www.newageislam.com/islam,-women-and-feminism/muhammad-yunus,-new-age-islam/judges-are-not-robots-with-encyclopaedic-juristic-knowledge-and-no-heart,-intellect-or-common-sense-or-sense-of-justice/d/111252

 

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TOTAL COMMENTS:-   17


  • Aayina, tum log mujhe jeene nahi dogi. Is baar soch kar aya tha, ki chhorunga nahi. Magar bujurg chacha bolkar tum ne meri hawa nikal dee! Tumhe nahi pataa  tumne kaisa taala laga diya mujh par. Aise tum Hindi sahi likhti ho. Mein samajh jaata hoon !
    By Manzurul Haque - 6/15/2017 12:17:20 PM



  • What Halala and Instant Talaq has to do in Indian Muslim context, it is not practised widely. 

    All Indian men equally notorious for having affairs or exploiting their wife's without even having this Talaq.

    Mr Sultan Shahin keeping repeating this type of articles is unessary in Indian context, it is like sowing seeds in minds which is not their, otherwise it will grow like big tree.

    By Aayina - 6/15/2017 9:45:40 AM



  • ये बूजूर्ग चाचा,  लड़की, या लड़का क्यिू पूछते रहेते है। 
    By Aayina - 6/15/2017 9:34:06 AM



  • Zakir. Plz add my name too, because I am an absent member. Can you give me your profile little bit because you sound to me quite funny and distorted? If you were true, we would have earned noble peace prize by now individually or collectively. We are only earning abuses for defending the core values of Islam. Sometimes, xxxx like you jump in with their own grievances when your unlawful activity is questioned. What do you want; because Shukla raped some Zubaida, you should be allowed to indulge in your unlawful activities? Is it you fee for remitting the rape? And pray how are you entitled for this fee? Oh your charge is, that you have not read our condemning the rape ! Well my question is why are you so less-read?
    By Manzurul Haque - 6/15/2017 2:42:27 AM



  • Zubaidah. First you have to tell me your gender (I also wanted to ask you about the font you have used which reflects your personality). If you are a female, I will pass over your blame game point, and even your confusion. If Quran has not said about pronouncing talaq three times  and your husband does, then you have objection to my counting that as one. You are right. That should be counted as zero. But then the idiot of your husband is already angry with you and is behaving erratically and is shunning your beautiful body. As a woman  scorned,  you have a right to avenge against your humiliating you in this way, especially in bed. You have a right to take 'chhutta' by counting  the talaq as one which concession I am giving you as my kind of clergy. However if after three months (even before) he wants to come back,  you can take him back, according to me (one man clergy ?). But the other clergy you are talking about will charge a tax of one night sex with you before you can sleep with your husband. If you choose the other clergy,  in your case, you can certainly do that.  But when I take your halai husband to the court  of law on the charge of raping you, you will have to stand up and affirm in court that you  actually enjoyed  the one night stand with that unknown halai. At least I will make it difficult for all the potential halali husbands.
    By Manzurul Haque - 6/15/2017 2:13:45 AM



  • According to the Quran, there are only two stages of divorce with the period of iddat intervening during which the wife must live in her husband's house.

    Observing the period of iddat is mandatory. So even if the man had pronounced Talaq a million times, it makes no difference. Since the iddat period is to be spent in the husband's house, cohabitation during this period cannot be criminalized. Such an act ends the divorce process.

      Let us assume that this happens a second time and also ends in reconciliation before the end of the second iddat period.

    What if the process is started a third time? Does it end with instantaneous divorce because this is the third pronouncement on a third occasion? The iddat period has still to be observed in the husband's house and in case the couple cohabit, this can neither be prevented nor criminalized and such an act again ends the divorce process.

    To prevent this becoming a routine, the wife has the option to spurn the offer of reconciliation even the first time and force the divorce to go through.

    In the Quran, there is no mention of the number three at all. What it refers to are only the two stages - the first pronouncement and after iddat. Before the iddat period ends, the man may choose to reconcile. After iddat, the wife can simply walk out of the husband's house even without waiting for talaq to be pronounced once again which makes the process irrevocable. What the Quran says is there are only two stages and at the second stage, the man cannot hold the woman in suspense any longer and must either reconcile or let her go.

    The whole idea of triple talaq whether given in one sitting or three sittings is not there in the Quran at all!


    By Naseer Ahmed - 6/15/2017 12:50:02 AM



  • Instant talaq is inherently distasteful and on this ground alone I de-Islamize it from My Islam. 
    I also do not believe that law of the land cannot prevent it. You have to start it from the wrong end. Punish a halali husband in a criminal court for the offence of rape,  unless the so-called wife publicly in the court of law accepts as a witness, that she was happy with  one-night sex with the halali husband. Sex  for a woman is good as a source of satisfaction,  but it cannot be allowed for the satisfaction of ex-husband. That is prostitution.

    By Manzurul Haque - 6/15/2017 12:12:52 AM



  • All rapes must of course be strongly condemned and vigorously prosecuted irrespective of whether the woman was fasting or not.


    By Ghulam Mohiyuddin - 6/1/2017 11:28:35 AM



  • Dear Zakir, I just watched the media report on the rape case you mentioned.

    youtube.com/watch?v=1AUQ_gjxROw

    There was spontaneous protest against it and the rapist is arrested. But those Muslim terrorists who give instant talaq to their women go about freely and ARE NEVER ARRESTED.
    I was talking about my latest article re triple talaq with my son, who has a law degree and is settled in America. When I told him that i am arguing to treat it as a criminal offense and am facing a judicial luminary on the issue, his spontaneous response was how can it be a criminal offense. He is married. I replied (it was over phone of course) - try it with your wife and in five minutes you will land up in jail.
    The problem is different people perceive it differently. To men it is win-win - so you may be angry with me. But to a poor uneducated Muslim woman it is quite different as i have attempted to capture in this article.

    By muhammd yunus - 6/1/2017 4:37:17 AM



  • Dear Zakir,

    I am really shocked and profoundly sad that a fasting Muslim girl was raped. But this is a crime committed against a Muslim women like countless other identical crimes committed against girls regardless of religion. There was a case of gang rape of some women in running bus in Delhi. I don't think the victims were Muslims by faith.

    All rapes are undoubtedly gender crimes and worthy of deepest condemnation. Their perpetrators are chased by the Law  Enforcing agencies and brought to justice in many cases. But giving right to each Muslim man to drive his wife out of the house in the name of Islam by uttering three Arabic words is a colossal exploitation of the faith of Islam. I only discharge my duty as as a Muslim by defending Islam against any blame for this heinous crime.



    By MUHAMMAD YUNUS - 6/1/2017 3:59:20 AM



  • Dear Zubaidah,

    First I must thank you for posting a comment. You do not have to feel sorry about it. I am happy about it. I have nowhere said that I am above error. I only request you to quote to me from my article and show me where I have erred. As you know it is easy to make general remarks as you have done. I have done some seven articles on the issue as listed in the article and am getting increasingly frustrated at the lack of appreciation of some male members of clergy at the shock, trauma and enduring hardship of a typical uneducated Muslim housewife from a poor family who gets a triple divorce. I have attempted to capture this in the above article. I am also frustrated at AIMPLB's religious perjury in their affidavit that ' if triple tallaq mode of divorce was declared illegal, it would amount to disregarding Allah's directions and rewriting of the Holy Quran to force Muslims into committing sin.'

    I have no axe to grind. You know fanatic Muslims kill a person even if he misquotes from a Qur'an. When I see people who are supposed to have acquired religious knowledge telling lie against the Qur'an. I can at least express my disagreement without being apologetic.

    You don't have to be angry with me if you think I was playing with the Qur'anic verses. God will be angry with me and that is immeasurably more damning than a few unflattering words from any quarter.

    May I request you to read my following article and check for yourself with any standard translation of the Qur'an if I were manipulating or misrepresenting it.

    Do not hesitate to revert with specific questions please.  

    By the way, I have not blamed any body. I have just said what i must testify of the truth as a Muslim. You and others who may blame me out of what you hear from others are safe. But i have authored an exegetic work [Essential Message of Islam], so if I tell a lie about the Qur'an I am cursed, and if I remain silent after hearing a fellow religiously learned man telling lies against the Qur'an - I am still cursed. So my dear sister in faith, tell me what to do.

    AIMPLB Advocates Of Instant Triple Talaq Are Gender Terrorists And Traitors Of Islam And May Be Sued For Human Rights Violation Under Cover Of Religion

    http://www.newageislam.com/islam,-women-and-feminism/muhammad-yunus,-new-age-islam/advocates-of-instant-triple-talaq-are-gender-terrorists-and-traitors-of-islam-and-may-be-sued-for-human-rights-violation-under-cover-of-religion/d/110871



    By muhammd yunus - 6/1/2017 12:35:07 AM



  • @ Yunus, Ghulam mohiuddin, Arshad, Naseer and others saheban, you write hundred articles and comments against oppression only when it is done against non Muslims but you remain silent onlookers when any oppression is done against Muslims. 

    Why do not you people have courage to speak out against the rapist Shukla  (soldier) who raped a fasting Muslim girl in a running train. All are worrying about talaq issue because it is defaming Muslims and no words against the rapist shukla. No article, no news, no point of discussion! Where are all those so-called supporters of women rights? I hate such crime and silence

    By Zakir - 5/31/2017 10:15:44 PM



  • Every one claims he is saying so and so from the Quran. You too claim you are saying it from Quran.

    Quran has told the best way of Talaq, it has nowhere said that triple Talaq is considered one.

    If the Quran had said so, there would not have been any difference.

    You blame them they in majority blame you....it is after all blame game....

    You do not need clergy. But i need clergy.

    You are showing contempt for clergy, then why to accept you as clergy admonishing us through your article.....you appear as clergy then you blame clergy ..........I am so much confused by your irrational article.

    You say Quran has not given authority to clergy then who you are to claim your own authority for the same matter...

    The counter-point you have with full efforts made can fit on you too...

    There is no rationality in your point.

    Sorry to make such a critical comment against you.


    By Zubaidah - 5/31/2017 1:59:05 AM



  • Sutan Shahin Sahab,

    The real problem lies in the attitude of the Muslim man. You will hardly find a case of a Muslim man allowing his wife under divorce notice to live in his household during the iddat period and avail all the essential provisions and basic facilities that she enjoyed prior to the notice of talaq. This is how he is expected to treat her according to the Qur'an, but if you were to tell this to a typical 'alim, he will stare at you in disbelief. Thus, even if Nikahnama bars a man from pronouncing triple talaq or regards multiple utterances of talaq – 3 or 30 times in one sitting as single pronouncement of talaq as in Shafi’i Madhab, the crowd of the elderly ladies around her will regard the inst. triple talaq as irrevocable termination of marriage and charge such a divorced woman of adultery if she continued with her married life as permitted by the Qur’an. In fact in such cases the elderly ladies of the husband’s family may even force his wife under initial divorce notice to leave the house as if she had lost her claim to wedlock. Such a woman, especially from a poor family, who has lived all her life under the protection and guidance of a senior male member of the family (father, brother or husband,) will accept what the community says. There is no question of her approaching the court of law for justice for she will not know where to start from, will have to pay some donation at every step by borrowing from others and literally will end up a destitute even if she wins her case and retains her marital status. The husband could pronounce the triple divorce again and put her back on a long path of agony.

     However, if instant triple talaq was declared illegal and gender terrorism, as this commentator is consistently arguing, and a husband or his family members attempting to put it into effect were made liable to face criminal charges, its victim can straight go to a nearby police station and bring criminal charges against her husband or his family members. This will no doubt have its negatives, but beyond doubt, this will greatly reduce the incidence of triple talaq and the sufferings of divorced Muslim women – especially from the poor families.     


    By muhammd yunus - 5/24/2017 8:09:45 AM



  • AIMPLB should say clearly and repeatedly and mention in Nikahnama that triple talaq in one sitting has the impact of only one. It merely initiates the process of divorce after arbitration has failed.  A change in law to this effect will also help though may not eradicate the practice by itself. It can be part of the practice and will certainly go a long way in ending the obscene practice of Halala.
    By Sultan Shahin - 5/23/2017 10:37:39 PM



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