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Islam, Women and Feminism (11 Mar 2017 NewAgeIslam.Com)


Halala and Triple Talaq



By Professor Masood Alam Falahi, New Age Islam

Translated from Urdu by New Age Islam

11 March 2017

Significance of Marriage in Islam

Marriage in Islamic Shariat is considered a pure and sustained act. Allah Almighty wants men and women to lead their marital relationship as a prosperous and evergreen life bereft of every sort of disputes. He does not like any pollution of clashes and divisions to touch the refinement and purity of this relationship. For a marriage to be cheerful and cordial, He has given some responsibilities to the husband and the wife. In order to live a good martial life, the spouses always need to create passion of patience, tolerance, self-sacrifice and ignore all the trifles.

Talaq is a process of breaking this marital relationship. Therefore Islam does not like it. It is recorded in a Hadith, 'the devil is most pleased when a husband and wife are separated'.[i]

It is narrated by Hadhrat Thauban (may Allah be pleased with him) that the prophet peace be upon him said: "Whichever woman seeks a Khul' from her husband without harm (cause), then the scent of Paradise will be unlawful for her."[ii]

On the basis of these Ahadith, the Islamic jurists [Fuqaha] have regarded divorce as a condemnable and undesirable practice, when it is practiced without any severe requirement, as is evident by some Ahadith, for instance, when the woman becomes immoral and immodest. 

As for Islamic Shariat, the purpose behind marriage is to ensure for the couple a prosperous and cordial life. However, Islam recognizes that in cases where the husband and wife develop such bitterness and hate that it is impossible for them to live together, it violates the very purpose of marriage. In such a situation therefore, Islam makes an allowance for divorce and amicable separation of spouses.   

Islamic Measures to Prevent Divorce

The first attempt of Islam is that Talaq should not be taken place. However, when there is a severe need for the couple to dissolve their marital life, then the second attempt is that divorce should not be given in the first round of conflict and dispute, but that all possible measures should be implemented which can eradicate the tension between the spouses. Ignoring the negative aspects of each other, both the spouses must focus on their positive aspects, because every human being comprises of good and evil and no one is the center of the only good or the only evil. Pointing to this fact, the holy Quran says:

“....and it may be that you dislike a thing which is good for you and that you like a thing which is bad for you. Allah knows but you do not know.” (2:216).

If this becomes possible, there is no need of divorce. Islam has laid a comprehensive map of initial measures needed to be adopted prior to divorce. Allah Almighty says, 

“...As to those women on whose part you see ill-conduct, admonish them (first), (next), refuse to share their beds, (and last) beat them (lightly, if it is useful), but if they return to obedience, seek not against them means (of annoyance). Surely, Allah is Ever Most High, Most Great." (Qur'an:4:34)

"If you fear a breach between them twain (the man and his wife), appoint (two) arbitrators, one from his family and the other from her's; if they both wish for peace, Allah will cause their reconciliation. Indeed Allah is Ever All-Knower, Well-Acquainted with all things. (Qur'an:4:35)

 

It is clear from these two verses of the Quran that the first remedial measure to be adopted by the husband is to admonish his wife in an amicable way that is such words of love to be spoken to her as would attract her to accept the reformatory efforts. The words of love are more effective for this situation than those of discord and wrath. If this effort fails, then the second measure should be taken, that is you should isolate her in bed in order to show that you are displeased with her, as for a loving selfless wife no punishment is bigger than that. If even this measure also fails and woman is not ready to be reformed, then it is allowed for the husband to adopt a little hardship, taking into account her inherent weakness. Now if the woman disciplines and reforms herself, then the husband should not look out any way of oppression and aggression but live with her peacefully.      

All these measures are taken by the husband. However, if all these efforts fail in reforming the wife who is still stubborn with her excessively wrong attitude, then in such a situation a collective measure should be taken, as has been explained in other verses of the Quran, according to which, an arbiter each from the relatives of husband and wife be appointed, and both these arbiters should try to persuade the spouses to bring in mutual reconciliation between them. If this effort gets success, then it is the responsibility of both the husband and the wife to end up their tensions and disputes running in their marital life by way of mutual love and affection.   

However if the efforts made by mediation and penchants also fail in bringing in reconciliation between the spouses, and the woman continues to disobey, then Shariat allows the husband to give divorce.

This is the summary of the above mentioned two verses of the Quran, which is a panacea to end up disputes and clashes between the husband and the wife. For this situation there is no other solution on this plant as reasonable and quickly effective as this one.

Steps to Divorce in Islam

When all efforts of reconciliation in the above mentioned situations fail, the husband has a right to pronounce only one Talaq. This will be when the woman is in a state of purity i.e. when she is clean after her menstrual period and the husband had not had sexual intercourse with her. This divorce is called Talaq-e-Raj’i i.e. Revocable Divorce. In this form of Talaq, if after giving Talaq, the husband feels sorry for his mistake, he can return to her i.e. take her back as wife but only before the expiration of what is known as the Iddat period or waiting/cooling-off period. In the terminology of Islamic Fiqh, this revocable process is called ruja’t. After this form of Talaq, if the husband and wife are still stable on the decision of separation, the husband should leave her in the very state; their marital relation will automatically end up after expiration of Iddat period. 

After the expiration of Iddat period, if the husband feels sorry for the pronouncement of Talaq and the ex-husband and the ex-wife wish to resume their marital life, then as per Islamic Shariat, they can re-marry. If after this remarriage, the spouses create tensions and disputes between them, then they should enact all the above mentioned measures. However, if all efforts of reconciliation fail, the husband can give Talaq once. Having given second Talaq, if the husband again feels sorry and the spouses desire to live peacefully once again, then he can return to her without marriage but only before the expiration of waiting [iddat] period. If after Iddat period, they wish to live with each other, then they will have to re-marry. After this second marriage, if disputes again arise between them and all efforts of reconciliation fail, then the husband can give third Talaq as a last option.     

Having pondered over the steps of divorce in Islam, it is evidently clear tha Talaq is not a joke, but rather it is allowed only in the state of extremely compulsion and after all efforts of reconciliation. Only one Talaq is allowed in one occasion. Giving more than one Talaq in one setting is tantamount to making fun of Islamic Shariat. Islam seeks to retain the relationship, therefore it commands the husband not to expel the wife from his house but he should let her pass her Iddat period in the house. This gives the couple time to calm down, evaluate the relationship and perhaps reconcile. The holy Quran has explained it in the following verses:

"The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mehr or a part of it) for her Al-Khul' (divorce). These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the Zalimun (wrong-doers, etc.)." (2:229)

"And when you have divorced women and they have fulfilled the term of their prescribed period, either take them back on reasonable basis or set them free on reasonable basis. But do not take them back to hurt them, and whoever does that, then he has wronged himself. And treat not the Verses (Laws) of Allah as a jest, but remember Allah's Favours on you (i.e. Islam), and that which He has sent down to you of the Book (i.e. the Qur'an) and Al-Hikmah (the Prophet's Sunnah - legal ways - Islamic jurisprudence, etc.) whereby He instructs you. And fear Allah, and know that Allah is All-Aware of everything."(2:231)

And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on reasonable basis. This (instruction) is an admonition for him among you who believes in Allah and the Last Day. That is more virtuous and purer for you. Allah knows and you know not.” (2:232)

In the Quranic verse (2:232), the relatives of the woman have been warned that they should not stop the woman from remarrying her ex-husband, if she, after the passing of Iddat period of revocable divorce [Talaq-e-raj’i], desires to return to her ex-husband by way of remarriage. On the other hand, her ex-husband is also being commanded that if the woman, having passed the Iddat period, wants to marry someone else other than him, then he should not stop her from doing so.

This is the Islamic and Quranic method of divorce. We do not find any place in the Quran where it has been asked to give triple Talaq at one setting. But in the society we see that the people give triple Talaq at one setting due to ignorance, believing that Talaq will not be valid without giving triple Talaq. They should know that one Talaq is also valid, after which the spouses can separate from each other. There is disagreement among ulemas as to whether triple Talaq in one setting is counted as one or three. Many scholars including Ulemas of Ahle Hadith count triple Talaq in one setting as one. However, all the four Islamic jurists count it as three Talaq, presenting the important argument from the act of Hadhrat Umar (may Allah be please with him) in which he commanded to implement triple Talaq in one setting as three, in order to teach the men of that time a lesson, taking into account the conditions and needs of that time. Hanafis regard triple Talaq in one setting as three, but at the same time they consider it ‘Talaq-e-Bida’t’, i.e. they also adopt the Quranic method of divorce. It is clear from the discussion now that triple Talaq in one setting is just a violation of the Quranic teachings, for which Allah Almighty has warned, “And treat not the Verses (Laws) of Allah as a jest.” (Qura'n: 2:231)

Nikah Tahleel (Halala)

If three divorces are given or completed in the above mentioned Quranic way, it will be called Talaq-e-Mughallaza i.e. irrevocable Talaq, after which the husband cannot remarry his ex-wife. However, if he wants to remarry her, he will have to abide by the following steps:

1.       After passing the Iddat period, the woman, on her will, should marry other man without any Heela (excuse) or conspiracy [Heela in the Shariah terminology is meant to follow the letter of the law without breaking the law itself! One is allowed to use Heela under specific circumstances of emergency; but if one uses Heela to break or circumvent the laws of Allah Almighty, or just does Heela to play with the commandments of Allah, it will be considered a grave sin in the sight of Allah Almighty. Translator]

2.       The man whom she has married should also have sexual intercourse with her.

3.       After that, that man should give Talaq to her on his own will or when he dies.

4.       Then, the woman should pass the Iddat period of Talaq or his death

After that, that woman can be legitimate [Halal] for her first ex-husband. The process of being legitimate for the former ex-husband is regarded as ‘Nikah e Tahleel i.e. Halala.

Allah Almighty has explained it in the following verse:

“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge.” (2:230)

The Legal Status of the Customary Halala

A recent vile practice running among the Muslim community is that the people marry or get others married with the intention that they will give Talaq after or without sexual intercourse and thus the woman will be legitimate [Halal] for her ex-husband. In the eye of Shariat, this customary condition of Halala is an extremely vile practice and a sign of non-conscience.    

'Uqbah bin 'Amir [may Allah be pleased with him] narrated that the Messenger of Allah (peace be upon him) said, "Shall I not tell you of a borrowed billy goat" They said: "Yes, O Messenger of Allah!” He [peace be upon him] said: “He is Muhallil May Allah curse the Muhallil and the Muhallal lahu [Muhallil is the man who marries a woman in order to divorce her, so that she can go  back to her first husband. Muhallal lahu is the first husband for whom this is done.]”[iii]

This Hadith has been narrated with differences of words and narrators in several books of Hadith in an authentic chain of narration [Sahih Isnad].[iv] 

Therefore, the respected companions, Tabieen, Tab al-Tabieen and jurists such as Hadhrat Umar, Hadhrat Uthman, Hadhrat Ali, Abdullah bin Masood, Abdullah bin Salam, Ubay Ibn Kaa’b, Abdullah bin Umar, Abdullah bin Abbas, Ayesha (may Allah be pleased with them), Anas bin Maalik, Saeed bin Musayyab, Hasan Basari, Ibrahim Nakhi’, ‘Ata  bin Abi Rubaah, Abu Sha’sha’ Jabir bin Zaid, Sha’abi, Qatadah, Bakr bin Abdullah Muzni, Malik bin Anas and his companions, Awzaa’I, Laith bin Sa’ad, Sufyan Thauri, Ahmad bin Hambal, Ishaq bin Raahwyya, Abu Ubaid Alqasim bin Salam, Sulayman bin Daud Hashmi, Abu Khaithma Zuhair bin Harb, Abu Bakr bin Abi Shaiba, Abu Ishaque Jauzjaani, Imam Shaafi, Imam Abu Yusuf and Imam Muhammad Hanafi etc– all opine that unIslamic way of Halala i.e. conspiracy Halala will not make the woman legitimate [Halal] for her ex-husband and this marriage will be considered invalid. Imam Muhammad declares this type of unIslamic Halala as Mut’a, which is forbidden under all circumstances. Abdullah bin Umar (may Allah be pleased with him) states that it will be the state of Zina (adultery) for the man and the woman to live together after doing conspiracy Halala.

Without informing the man and woman, if a person marries the woman for the sake of their goodness, and gives Talaq to her so that she can be legitimate for her ex-husband, then this, according to some Ulema, is lawful only on the condition that the spouses had no knowledge of this person’s intention. However according to some other Ulema, this type of Nikah-e-Halala is also forbidden (Haram) and the woman will not be legitimate for her ex-husband, as they opine that the marriage will be valid only if a situation is created that a person decides to marry her with the intention of living together, but for some unwanted reason he gives Talaq to her.[v]  

The second Caliph Hazrat Umar (may Allah be pleased with him) used to say during his reign that he will punish with stoning to death, those who perform a pre-planned Halala.[vi]

Shaykhul Islam Allama Ibn Taymiyyah (1263-1328) has written a well-researched book consisting of 480 pages on this subject, namely “Bayan al-Dalil ala Butlan al-Tahleel” (Evidence on prohibition of Halala), proving with arguments that such type of marriage is invalid. All the Companions and Salaf have forbidden it.[vii] 

Maulana Sayyad Abul Ala Maududi (1903-1979) also opines the same thing, as he writes:

“From the authentic Ahadith it is clear that if a man gets his ex-wife married to someone else in order to make her lawful for himself, with the condition that she will be given Talaq after marriage, then this is extremely unlawful act. Such type of marriage will be invalid but rather it will be adultery and such type of conspiracy marriage and divorce will not make the woman legitimate for her ex-husband”.[viii]

According to all Companions (may Allah be pleased with them), Tabieen, Taba Al-Tabieen, three Imams and Ahnaaf, the pre-planned or conspiracy Halala is forbidden. Imam Abu Hanifa (699-767 AD) considers it Makrooh-e-Tahreemi (impressible act)[ix], however the marriage will be valid. Imam Abu Hanifa considers it valid, because it fulfills the Quranic condition of “she shall not be lawful afterwards, until she marries another husband”, whether by legitimate or illegitimate way. Due to fulfillment of the Quranic condition, though Imam Abu Hanifa considers this type of marriage lawful; yet he also regards the act of Heela for Halala (i.e. pre-planned Halala) as a sinful and punishable act and asks Muslims not to do so.

There are two types of Heela; first is Shari’i Heela (lawful Heela) as is made during the war and the second is Ghair Shari’ Heela (unlawful Heela), as is made when interpreting the Quranic texts or commands of Allah for one’s purpose or needs, and making Heela in order to deceive others for the sake of self-interest. The holy Quran has forbidden the second type of Heela, as Allah Almighty says describing the signs of hypocrites (Munafeqeen):

“And of mankind, there are some (hypocrites) who say: "We believe in Allah and the Last Day" while in fact they believe not." (2:8)

"They (think to) deceive Allah and those who believe, while they only deceive themselves, and perceive (it) not!" (2:9)

"And when they meet those who believe, they say: "We believe," but when they are alone with their Shayatin (devils - polytheists, hypocrites, etc.), they say: "Truly, we are with you; verily, we were but mocking." (2:14)

"Allah mocks at them and gives them increase in their wrong-doings to wander blindly."(2:15)

 

Allah Almighty had commanded the children of Israel [Jews] not to fish or hunt on Saturdays. But when the children of Israel realized that the fish come in large numbers on Saturday and not in other days, they made a Heela to dig a hole to hunt the fish on Saturday. The water became less in ebb of the sea, fish could not return back again to the sea and remained in the canals/holes. They caught the fish next day. Some men from their community prevented them from it but they did not pay attention to the obedience to Allah Almighty and forgot the divine command. As a result of this illegitimate excuse (Ghair Shari’ Heela), Allah Almighty turned these disobedient people into apes. (Quran 2:163-166) 

It is the responsibility of the learned men of the community to campaign for creating awareness among Muslim Ummah about the prevailing unIslamic way of Talaq and Halala, making them feel about the gravity of this issue. They should make all their efforts for eliminating the wrong practice of Talaq and Halala. The most significant thing is that the forbidden way of Halala is practiced by those people who do not adopt the Quranic method of divorce by giving triple Talaq in one setting. Such people do not take benefit from other schools of thought because of their stagnant attitude on their own school of thought. It is worth mentioning that the four jurists have suggested that if their sayings or opinions oppose the Quranic verses or authentic Ahadith, the people should ignore them and act in conformity with the Quran and the Ahadith. The people adopting unIslamic way of divorce also opine that since Hadhrat Umar (may Allah be pleased with him) has regarded triple Talaq in one setting as three, therefore they also regard it as three. With regard to triple Talaq, they accept the view of Hadhrat Umar (may Allah be pleased with him) which was made as per the needs and conditions, but they ignore his opinion about conspiracy Halala or Heela of Halala as mentioned above. If they adopt the Islamic method of divorce, they will never have to adopt the prevailing condition of forbidden way of Halala.  

References:

Note: The English Translation of Quranic verses is taken from English translation of the Holy Quran by Muhammad Taqi-ud-Din Al-Hilali, & Muhammad Muhsin Khan, (Reyaz, K.S.A., Dar-us-Slam, online edition  http://www.dar-us-salam.com/TheNobleQuran/index.html, accessed on 13.03.2017).

 

[i] An-Nishâpüri, 'Abul-Hussain Muslim bin Al-Hajjâj bin Ward bin Koshâh Al-Qushayri: Sahih Muslim, English Translation by Nasiruddin al-Khattab, ed. by Huda Khattab, Final Review by Abu KhaIiyl, (Reyaz, K.S.A., Darussalam, ed. 1st 2007), 50- The Book of the Attributes of the Hypocrites and the rulings concerning them., Chapter 16. The mischief of the Shaitân and how he sends his troops to tempt people, and with every person there is a Qarin (companion from among the Jinn) Hadith No, 2813, Vol.7, p.214.

[ii] At-Tirmizi, Abu ‘Isa Mohammad bin ‘Isa: Jiimi' At-Tirmidhi, English translation by Abu Khaliyl, Ahädith edited and referenced by Häfiz Abu Tahir Zubair 'Au Za'i, Final review by Islamic Research Section Darussalam, (Reyaz, K.S.A., Darussalam publishers and distributors, 1st ed. 2007), 11- The chapters on divorce and li'ãn from the messenger of Allah, 11-Chapter: What has been related about the women who seek a khul', Hadith No.1187, Vol. 2, p. 557.

[iii] Ibn Maja Al-Qazwini, Mohammad bin Yazeed: Sunn Ibn Majah, Ahädith edited and referenced by Häfiz Abu Tahir Zubair 'Au Za'i, English translation by Nasiruddin al-Khattab, editted by Huda Khattab, Final Review by Abu Khaliyl, (Reyaz, K.S.A., Darussalam publishers and distributors, ed. 2007), 9-The Chapters on marriage, 33-The Muhallil and the Muhallal Lahu, Hdith No.1936, vol. 3, p.108.

[iv] Tirmidhi (119.1120), Ibn Abi Shaibah (4/ 295,296) Al-Darmi (2263), Ahmad (1/ 83,87,88,93,107,121,133,150,158,409,430,450-451, 2/323), Al-Nasai (5102), Abdul Razzaq (10793) Abu Dawud (2076), Ibn Majah (1134) Al-Bazzar (1442 Kashful astaar), Tamaam Fil Fawaid (815) Al-hakim 2/198, Al-bayhaqi 7/208, See: Ibn Taymiyya, Shaykh al-Islam: Bayan al-Dalil ala butlan al-tahleel,ed. by Hamdi Abdul hameed Al-Salafi,(Al-maktab al-Islami), pp. 285.289)

[v] Ibn Taymiyya, Shaykh al-Islam: Bayan al-Dalil ala butlan al-tahleel, op.cit. pp.18-34

[vi] Musannaf of Abdur Razzaq (6/265) Hadith 10777, Sunan of Saeed bin Mansoor (2/75), chaper of the Muhallil and the Muhallal lahu, Hadith: 1992-1993) Durre Manthur of Syuti (1/507). Syuti said that it is recorded by Ibn Abi Shaibah, Abdur Razzaq and Abu Bakr bin Al-Athram in his Sunan and al-Baihaqi. Ibn Hajar said: This is recorded by Abdur Razzaq and ibn Abi Shaybah from the narration of Musayyab bin Rafe’, Qabaisa bin Jabir and Umar, See: Zamakhshari, Abul Qasim Mahmood bin Umar, Al-Kashshaf an Haqaiq Ghawamid al-Tanzil wa U'yun al- Aqaweel fi wujuh al-taweel, researched and commented by Adil Ahmad Abdul Maujud and Ali Muhammad Muawwad in company with Fathi Abdur Rahman Ahmad Hijazi, (Maktaba Al-abeekaan, Ryaz, ed.1st 1418 AH/1998 AD), 1/449-451, Surah Al-Baqarah:230.

https://islamqa.info/ar/222367 (accessed on 31.10.2016)

[vii] op.cit., pp. 17-18

[viii] Tafhimul Quran, (Markazi Maktaba Islamic publishers, New Delhi, ed.2015), Surah Al-Baqarah:230, vol.1, pp. 176.177

[ix] Zamakhshari, Abu al-Qasim Mahmood bin Umar: Al-Kashshaf, op.cit. 1/449, Surah Al-Baqarah: 230, Usmani, Muhammad Taqi: Darse Tirmidhi, compiled and researched by Rashid Ashraf Saifi, (Maktaba Darul Uloom Karachi, new edition, 1431 AH / 2010 AD) Chapater of Muhallil wa muhallal lahu 3/398- 402.

 


Bibliography:


1.       The Holy Quran, English translation by Muhammad Taqi-ud-Din Al-Hilali, & Muhammad Muhsin Khan, (Reyaz, K.S.A., Dar-us-Slam, online edition  http://www.dar-us-salam.com/TheNobleQuran/index.html, accessed on 13.03.2017).


2.       Ibn Maja Al-Qazwini, Mohammad bin Yazeed: Sunn Ibn Majah, Ahädith edited and referenced by Häfiz Abu Tahir Zubair 'Au Za'i, English translation by Nasiruddin al-Khattab, editted by Huda Khattab, Final Review by Abu Khaliyl, (Reyaz, K.S.A., Darussalam publishers and distributors, ed. 2007).


3.       Ibn Taymiyya, Shaykh al-Islam: Bayan al-Dalil ala butlan al-tahleel,ed. by Hamdi Abdul hameed Al-Salafi,(Al-maktab al-Islami).


4.       Maududi, Sayyad Abul A'la: Tafhimul Quran, (Markazi Maktaba Islamic publishers, New Delhi, ed.2015).


5.       An-Nishâpüri, 'Abul-Hussain Muslim bin Al-Hajjâj bin Ward bin Koshâh Al-Qushayri: Sahih Muslim, English Translation by Nasiruddin al-Khattab, ed. by Huda Khattab, Final Review by Abu KhaIiyl, (Reyaz, K.S.A., Darussalam, ed. 1st 2007).


6.       At-Tirmizi, Abu ‘Isa Mohammad bin ‘Isa: Jiimi' At-Tirmidhi, English translation by Abu Khaliyl, Ahädith edited and referenced by Häfiz Abu Tahir Zubair 'Au Za'i, Final review by Islamic Research Section Darussalam, (Reyaz, K.S.A., Darussalam publishers and distributors, 1st ed. 2007).


7.       Usmani, Muhammad Taqi: Darse Tirmidhi, compiled and researched by Rashid Ashraf Saifi, (Maktaba Darul Uloom Karachi, new edition, 1431 AH / 2010 AD.


8.       Zamakhshari, Abul Qasim Mahmood bin Umar, Al-Kashshaf an Haqaiq Ghawamid al-Tanzil wa U'yun al- Aqaweel fi wujuh al-taweel, researched and commented by Adil Ahmad Abdul Maujud and Ali Muhammad Muawwad in company with Fathi Abdur Rahman Ahmad Hijazi, (Maktaba Al-abeekaan, Ryaz, ed.1st 1418 AH/1998 AD).


9. https://islamqa.info/ar/222367 (accessed on 31.10.2016)


 

An occasional contributor to NewAgeIslam.com, Dr. Masood Alam Falahi is currently working as Professor in the Department of Arabic, Faculty of Arts & Humanities at Khwaja Moinuddin Chishti Urdu, Arabi-Farsi University, Lucknow, India. He has received his 'Sharia'h education' (Almiah and Fadhilah) from Jamiatul Falah, Azamgarh, Graduation and B.Ed from Aligarh Muslim University Aligarh, Post Graduation from Jawahar Lal Nehru University, New Delhi, M.Phil and Ph.D from the University of Delhi, India. He has knowledge of six languages e.g. Arabic, English, Hindi, Maithly, Persian and Urdu. He is awarded 8 prizes. He is writer and social activist working for poor and marginalized sections of the society specially OBC and Dalit. He has published several (102) research papers, articles, interviews, speeches in Urdu, Arabic, English about literature, history, culture, politics, Islamic economy, social and religious issues i.e. marriage, caste, woman, etc in national and international magazines, websites and youtube. He is the author of eleven (11) books in Arabic and Urdu. His three book on Muslim caste system which are very famous and reputed in academic world such as (i) Hindustan Mein Zaat Paat Aur Musalman, (ii) Zaat Paat Aur Islam: Malick Beradri Ki Nasbi Tarikh Ka Tajziyah and (iii) Masalah Kafayat: Y’ami Shadi Beyah mein Zaat Paat Ke Etebar ki Haqiqat. He can be reached at:  masoodfalahi@gmail.com


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TOTAL COMMENTS:-   18


  • Hats off and Aayina: Sad to hear the cases of rape in Delhi and at other places during Holi and in general too. Holi is turning into rape-festival. The activists like you people should raise this issue at your forum and try to reach to a solution.
    By Raihan Nezami - 3/14/2017 10:00:46 PM



  • Aayina: I am sorry to say either you don't get to my point or knowingly you are trying to be unknown.

    Do you mean a new born baby should be given liberty 
    to choose his religion?
    Have you heard any spouses of inter-caste marriage quarrelling over naming a child and going to court or to any Ram Sena for help? 

    Is it your bitter experience that such offsprings are forcibly being made to follow a particular religion? 

    As much I know the partners of inter-caste marriage are freely and agreeably following the religions of their choices
    Example: Sanjay Dutt

    By Abdullah - 3/14/2017 10:13:21 AM



  • Unfortunately, the Holy Quran validates the Halaala system. This makes the Maulanas dictating that it is compulsory.
    By Tarun Gupta - 3/14/2017 3:39:57 AM



  • Mr Abdulla just do not try to skew by saying naming is right of child, I was saying that child is forced to follow  Islam in Muslim and non-Muslim marriage there is no freedom for child to choose religion.

    And about my salary I wish I get it but alas it does not get it.



    By Aayina - 3/13/2017 10:28:48 PM



  • Dear Professor,

    For anyone except Muslims, marriage in Islamic Shariat is not considered pure, as long as there is provision for a Muslim male to marry four wives.

    This marital relationship is not prosperous and evergreen life bereft of every sort of disputes as long as there is no name calling among the co-wives. Muslims are generally over populated, poor and less educated because of this polygamy.

     However you beautifully explained the case for Halala, Halala is a sin, and sin has consequences. When a husband and wife within a nuclear family, has orgasm at the same time, a declaration of “the two shall become one flesh” takes place. This often-repeated pronouncement or the indelible stamp in their hearts, is the mainstay in keeping the couple together.

    When this declaration is made with another woman or man, the family becomes a disaster. As the stolen fruit is sweeter, the wife/husband becomes no sweeter. There are more divorces in the West because men do have casual sex. When the wife comes to know, she goes for a divorce. For no woman in the world likes her husband have sex with another woman and say “honey” “darling” to her.

    Now we know the stupidity of Halala.

    Again triple talaq in one go is a sin.

    As I mentioned earlier in these columns, we all know that Muslim women have the highest number of illiterates in India and have few skills. We know that men are by nature polygamists in their thoughts and women are monogamists.

    Since sex is an inexorable law of nature men can easily fall into temptation of marrying another woman and can use triple talaq at the drop of a hat. When divorce is given through easy triple talaq to the uneducated, illiterate Muslim women, they can go nowhere but begging.

    As per The Indian Express more Muslim women opt begging compared to men

     “The best day is the day Muslims see themselves who they are”


    By Royalj - 3/13/2017 10:01:18 PM



  • Aayina: Your comments are bereft of reasonable logics on various issues; language is as such lacking contextual structure, devoid of comprehensiveness, adherence quite poor to give your opinion any sort of meaningfulness.

    You people are the paid agents of Bhagwa party whose ultimate aim is to make a hill out of nothing. There is no such issue like Halala among the Muslims, if any, which occurs once in a million and that, is too within the legality of the Shariah. It is better you think of the brides being burnt, honour killing, eve teasing, dowry-deaths among your community.

    Naming a child is a personal issue of the parents, but you are so mean that you have objections upon that too. You, the supporter of Jansanghis, want to create more and more DADRI, KAIRANA, MUZAFFARNAGAR and above all, GUJRAT MASSACRE. It is your hidden agenda.


    By Abdullah - 3/13/2017 8:23:32 AM



  • I think Mr Abdulla I nailed it then, by provoking motherness because wife had became irrelevant in Muslim and western world.

    Manhood  of mr Abdulla just started to see itself with eyes of motherhood for women., not from husbandhood which was trend in majority of Muslims.

    Bravo, Bravo.

    Any way I did not specified women as Muslim or Non-Muslims, it was more mother, it does not matter that women is Muslim ot non-Muslim, on one hand you shows concern of motherhoodness of women on other hand you shows how cheap you are thinking that women should come from non-Muslim.

    Mr Abdulla you must be aware of Muslim and non-Muslim marriage child always became Muslim Mr Sultan Shahin is example of it, so choosing non-Muslim women is also not going make difference because child is Muslim.

    The whole point is that let father enjoyes but child suffer seeing his/her Halala mother and if child is male it will be nightmare for him. Remember the golden rule child is always Muslim, if you are not convinced that child is Muslim ask Sultan Shain he will be able to answer.

    By Aayina - 3/13/2017 2:22:47 AM



  • Sharmaji,
    For several years you have been trying to promote atheism in this forum and trying to discount the scriptures. In that light, one does not know what to make of your latest questions. Even so, a simple answer would be: "The word of God is in the Quran but one has to look for it."

    By Ghulam Mohiyuddin - 3/12/2017 12:22:01 PM



  • Mr. Mohiyuddin, Your argument of 'time-bound and place-bound' is against the principle of universality and against the premise that it is the final word of God. Interpretations of the most important book can not be left at the mercy of individuals, some of whom may misuse it.
    By Ashok Sharma - 3/12/2017 4:36:24 AM



  • For the Believers, the Quran is the final word of Allah which is Universal and complete for all times to come. Why can't there be a Universally accepted interpretation of all the verses ? Can one ignore a verse if not convenient ? Will it not challenge the sanctity and universality of the Holy Book ? Why do the translators give vague or, different translations in other languages ? There must be clarity unanimity in the interpretations of the most important text of the humankind which guides the life of 1.7 billion people (23%) of human species.
    By Ashok Sharma - 3/12/2017 4:28:44 AM



  • Aayina: I wish those Halala mothers you are talking about must come from Non-Muslim communities. How insensitive, irrelevant, illogical, crazy etc you seem when you say, "I wish every Muslim Men  get Halala mother". 
    By Abdullah - 3/12/2017 1:24:01 AM



  • The only lasting message we can get out of the Quran on this subject is, "Be just, fair, egalitarian and sensible in making your laws."

    The rest is time-bound and place-bound.


    By Ghulam Mohiyuddin - 3/11/2017 11:41:38 PM



  • Verse 2:230 Dear Ashok Sharma, This is how the verse is interpreted in my jt. exegetic work: he (the husband) divorces her (at the end of the waiting period), she becomes unlawful to him afterwards until she marries another man. If he (her new husband) then divorces her, there is no blame on the (former) couple to reunite - provided they feel that they can keep within the limits set by God. These are the limits set by God, and He clarifies them to a people who have knowledge” (2:230). There could be three reasons for this: • ‘To set almost impossible conditions,’ and thus discourage men from divorcing their wives, without giving very serious thought to the matter - Yusuf Ali.3 • To ensure the right of a divorced woman to marry a different spouse, otherwise her erstwhile spouse could force her to remarry him, even after the expiry of the waiting period. • To prevent any scandalous manipulation by an unscrupulous couple who could set up a mock divorce for the divorced wife to court wealthy admirers, gain financial benefits, and return to her former husband. To avoid any ambiguity on the matter, the Qur’an further declares (2:232): “And when you have divorced women (after) they have reached their term, you must not obstruct them from marrying (their would be) spouses (azwaj) if they have mutually agreed in a fair manner. This is instructed to anyone among you, who believes in God and the Last Day. (Remember,) this is more appropriate for you and purer; and God knows, yet you do not know” (2.232). [ch. 34.4 Essential Message of Islam] Re:http://www.newageislam.com/books-and-documents/by-muhammad-yunus---ashfaque-ullah-syed/essential-message-of-islam-(full-text)/d/104768
    By muhammd yunus - 3/11/2017 8:42:18 PM



  • A well researched article that establishes the time-framing of tallaq on the strength of the Qur'an thus dismissing triple tallq at one sitting and the populist notion of halala that it rightly conflates with adultery and sexual perversion. It is consistent my following referenced articles - though more elaborate with quotation from ahadith The Qur’anic Sharia (laws) on divorce. Triple divorce, temporary marriage, halala stand forbidden (haram). http://www.newageislam.com/NewAgeIslamIslamicShariaLaws_1.aspx?ArticleID=6391
    By muhammd yunus - 3/11/2017 8:36:44 PM



  • Ghulam Mbohiuddin Sahab,
    The Qur'an' subtle vocabulary lends a universality to the verse 4:34 that is expounded in Chap. 33.6 of my jt. exegetic work which tables the following translation of this verse:
     
     “Men are the supporters (qawwamah) of (their) wives because God has favored each of them in different measures (ba'dahum ‘ala ba'din)8, and because of what they spend (for them) of their wealth. The righteous women are devout (qanitatun) and guard the unseen that God would have them guard. As for those (women), of whom you fear extramarital perversity  (nushuz), counsel them, leave them (alone) in their beds and assert on them (wadribuhunna); but if they listen to you, do not seek a way against them. (Remember,) God is Sublime, Great” (4:34).
    The verse is applicable this day as well.

    By muhammd yunus - 3/11/2017 8:06:13 PM



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