• Home
  • Contact Me
Wednesday, December 7, 2022
Rana Safvi
  • Home
  • About
  • Book & Publication
  • Culture & Heritage
    • Our Cultural Heritage
    • Sufi saints
  • Food
  • Hazrat-E-Dilli
  • Rana’s Space
    • Walks & Talks
    • Rana’s Space
    • Sher o Sukhan
  • Travel
    My favorite artworks from European Museums

    My favorite artworks from European Museums

    Gandhara Art in Humboldt Forum: Life of Lord Buddha

    Gandhara Art in Humboldt Forum: Life of Lord Buddha

    Jewish Heroes Square in Krakow, Poland

    Jewish Heroes Square in Krakow, Poland

    Block no. 4 in Auschwitz concentration camp

    Block no. 4 in Auschwitz concentration camp

    Ottoman tent in Princess Czartoryski Museum in Krakow, Poland

    Ottoman tent in Princess Czartoryski Museum in Krakow, Poland

    The Steam Engine Building, Potsdam, Germany

    The Steam Engine Building, Potsdam, Germany

    Assyrian human-headed winged bull from Nimrud; 9th cent. BCE; Pergamon Museum, Berlin

    Assyrian human-headed winged bull from Nimrud; 9th cent. BCE; Pergamon Museum, Berlin

    Catacombs in St Peter’s Abbey Salzburg, Austria

    Catacombs in St Peter’s Abbey Salzburg, Austria

    St Nicholas Church in #Leipzeg, #Germany

    St Nicholas Church in #Leipzeg, #Germany

    Gloriette, Schonbrunn Palace, Vienna,Austria

    Gloriette, Schonbrunn Palace, Vienna,Austria

    Matthias Church on Buda Castle Hill, Budapest

    Matthias Church on Buda Castle Hill, Budapest

    The Neptune fountain in Schonbrunn Palace, Vienna, Austria

    The Neptune fountain in Schonbrunn Palace, Vienna, Austria

    The Dohany Street synagogue in Budapest

    St Peter’s Abbey Church in Salzburg, Austria

    St Peter’s Abbey Church in Salzburg, Austria

    The Residence Fountain in Salzburg: Oundof Music

    The Residence Fountain in Salzburg: Oundof Music

    Sultana Daku and Raj Bhawan of Nainital

    Sultana Daku and Raj Bhawan of Nainital

    Sultana Daku and Raj Bhawan of Nainital

    Sultana Daku and Raj Bhawan of Nainital

    Jahan koshan cannon, Murshidabad

    Jahan koshan cannon, Murshidabad

    Takht-e Marar, Golestan Palance, Teheran, Iran

    Takht-e Marar, Golestan Palance, Teheran, Iran

    Trending Tags

    • Contact Me
    No Result
    View All Result
    • Home
    • About
    • Book & Publication
    • Culture & Heritage
      • Our Cultural Heritage
      • Sufi saints
    • Food
    • Hazrat-E-Dilli
    • Rana’s Space
      • Walks & Talks
      • Rana’s Space
      • Sher o Sukhan
    • Travel
      My favorite artworks from European Museums

      My favorite artworks from European Museums

      Gandhara Art in Humboldt Forum: Life of Lord Buddha

      Gandhara Art in Humboldt Forum: Life of Lord Buddha

      Jewish Heroes Square in Krakow, Poland

      Jewish Heroes Square in Krakow, Poland

      Block no. 4 in Auschwitz concentration camp

      Block no. 4 in Auschwitz concentration camp

      Ottoman tent in Princess Czartoryski Museum in Krakow, Poland

      Ottoman tent in Princess Czartoryski Museum in Krakow, Poland

      The Steam Engine Building, Potsdam, Germany

      The Steam Engine Building, Potsdam, Germany

      Assyrian human-headed winged bull from Nimrud; 9th cent. BCE; Pergamon Museum, Berlin

      Assyrian human-headed winged bull from Nimrud; 9th cent. BCE; Pergamon Museum, Berlin

      Catacombs in St Peter’s Abbey Salzburg, Austria

      Catacombs in St Peter’s Abbey Salzburg, Austria

      St Nicholas Church in #Leipzeg, #Germany

      St Nicholas Church in #Leipzeg, #Germany

      Gloriette, Schonbrunn Palace, Vienna,Austria

      Gloriette, Schonbrunn Palace, Vienna,Austria

      Matthias Church on Buda Castle Hill, Budapest

      Matthias Church on Buda Castle Hill, Budapest

      The Neptune fountain in Schonbrunn Palace, Vienna, Austria

      The Neptune fountain in Schonbrunn Palace, Vienna, Austria

      The Dohany Street synagogue in Budapest

      St Peter’s Abbey Church in Salzburg, Austria

      St Peter’s Abbey Church in Salzburg, Austria

      The Residence Fountain in Salzburg: Oundof Music

      The Residence Fountain in Salzburg: Oundof Music

      Sultana Daku and Raj Bhawan of Nainital

      Sultana Daku and Raj Bhawan of Nainital

      Sultana Daku and Raj Bhawan of Nainital

      Sultana Daku and Raj Bhawan of Nainital

      Jahan koshan cannon, Murshidabad

      Jahan koshan cannon, Murshidabad

      Takht-e Marar, Golestan Palance, Teheran, Iran

      Takht-e Marar, Golestan Palance, Teheran, Iran

      Trending Tags

      • Contact Me
      No Result
      View All Result
      Rana Safvi
      No Result
      View All Result

      Ban Triple Talaq, Don’t Club It With The Uniform Civil Code | Live Law

      inBook and Publication
      0

      http://www.livelaw.in/ban-triple-talaq-dont-club-uniform-civil-code/

      I am neither a lawyer, nor an Islamic scholar and not even an activist. I am writing this in the capacity of an ordinary Muslim woman. I am happily married and not in any danger of Triple Talaq. My fight is for my sisters who cannot comprehend the legal complexities of divorce and the hindrance created by the same on their own rights. I have seen the bewilderment and agony of a young girl who received the pronouncement of triple talaq via sms for no fault of her. I am taking up this fight for her and for many more girls like her. I am determined to take up this battle to the logical end of the same. The back ground on the current controversy A petition of a 35-year-old woman, Shayara Bano challenging the divorce by uttering the words Talaq three times, has ignited the debates around the veracity of such a practice of unilateral Talaq. She has appealed against the divorce on the basis of fundamental rights enshrined in the constitution: Article 14 guarantee equal rights to all citizens. Article15 prohibits discrimination on grounds of religion, race, caste, sex or place of birth. Article 25 says that religious freedom is subject to fundamental rights. Despite the same she is entitled to get remedy against the regressive practice of triple talaq. Now let us have a look at it from the religious angle. The All India Muslim Personal Law Board, grounded on the values of patriarchy seems to be worried that abolishing triple talaq would put Islam in danger. Triple Talaq is not being practiced in most of the Islamic countries, but in India it has been subject to never ending debate since decades. Talaq in Quran The word talaq means release from marriage .The term triple talaq is mentioned nowhere in Quran. It is mentioned as Talaq e bidat or Divorce of innovation and had been introduced after the Prophet. Prophet Mohammed has defined talaq as the most abhorrent among the practices approved by Allah. It is the last resort if the relationship reaches a dead end. Talaq is permitted if the couple find that the differences cannot be settled and divorce inevitable .It is insisted that the divorce should be done in an amicable atmosphere and no way one should harbor hate against the other. [Abu Dawud, Sunan, Kitab at-Talaq, 2/255] The procedure is that the word talaq has to be pronounced in a period of three months. Reconciliation attempts have to be done by whoever concerned as much as possible. The third and final pronouncement has to be done only when it is found that the differences are irrevocable .Also divorce cannot be given in anger or a state of intoxication. There are two types of talaq prescribed in the Quran Talaq-e-Ihsan, (most preferred) where the husband pronounces talaq and for the next 3 months he has no physical contact with his wife. This gives him time to think and if after 3 months he changes his mind he can go back to her and their marriage is valid. The one that the Quran says is most preferred is Talaq e Hasan (preferred) where the husband pronounces the word talaq but not in 30 seconds. He says it over a period of three months and in between there is every attempt for reconciliation with arbitrators being appointed by both. If after that the differences are irreconcilable he says it a third time and the divorce is final. Divorce may be pronounced twice, then a woman must be retained in honour or allowed to go with kindness.” [Qur’an, 2:229]. The words divorce may be pronounced twice refer to two months not two seconds and they can be revoked. It is an effective check to prevent divorce on account of emotional outbursts and high-handedness of a husband who may recover his balance of mind and reconsider his unreasonable pronouncement. It is only when talaq is proclaimed the third time (after three menstrual cycles) that it becomes irrevocable. Then there is the talaq in question – Talaq e Biddat. It was a practice came up in the period of the Second Caliph Hazrat Umar. It is pertinent to note that only the Hanafi sect amongst the Sunnis accept the legality of this practice of divorce. The Shias and ahle hadeeth refute it. The Deoband school says : Talaq Bid’a or irregular divorce is where a husband repudiates his wife by three divorces at once. According to the majority of the jurists, the Talaq holds good, but it is against the spirit of the Shari’ah, and, therefore, the man who follows this course in divorce is an offender in the eye of Islamic Law. There is a Hadith recorded by Imam Abu Dawud and several others, which quotes an incident when Rukanaibn Abu Yazid said “talaq” to his wife three times on a single occasion. He felt remorse for what he did and went to the Prophet for guidance. The Prophet advised him pronouncing talaq three times at once has no validity and all three are counted as one. The Prophet said, “All three count as only one. If you want, you may revoke it.” Fath al-Bari, 9/275 The practice of Triple Talaq must be seen in the socio-historical context in which Caliph Umar allowed the same. It was assumed to be an appropriate ruling as men had made talaq a joke in those days by pronouncing it thrice and then again taking them back, and repeating this several times leaving the women in a limbo. They were neither divorced nor free to remarry. What came as a reform has been hung in the neck of the women as a millstone. The practice of Triple Talaq has to be banned. Women’s right to divorce in Islam or khula has to be made easier. At the moment the women have to do it through a qazi and after giving valid reasons whereas the men can do it adhoc. Another point: it is imperative that we delink Triple Talaq from Uniform Civil Code. Nowhere has Shayara Bano talked of UCC. She has only asked for a ban on Triple Talaq. Here let me quote Mehru Jaffer, author and columnist. Jaffer says that asking for a ban on Triple Talaq does not mean that Shayara or any other woman fighting against it wants to go back to former husband. She is trying to address the gender inequality involved in this arbitrary practice of talaq. India is made up of many communities and religious sects . Each of them has their own personal laws and customs. Amidst all these we must ensure gender equality and also equality for all Indian citizens. At the present moment, for various reasons, (justified or not justified is a matter of separate debate), Muslims feel vulnerable and are not ready to accept Uniform Civil Code which they feel threaten their religious identity. Yet media seems to have gone overboard in linking the two, any attempt to link Triple Talaq with Uniform Civil Code will only weaken and destabilize any positive attempt to abolish triple talaq .The Government should go for a ban on Triple Talaq under the Constitutional provisions for equality but hold back the implementation of a Uniform Civil Code and wait till a climate of consensus is created. Don’t club the two. They are separate issues and require separate debates. Rana Safvi is an author and historian with a passion for culture and heritage. Her books include Where Stones Speak & Tales from Quran & Hadith.
      Read more at: http://www.livelaw.in/ban-triple-talaq-dont-club-uniform-civil-code/

      Share this:

      • Click to share on Twitter (Opens in new window)
      • Click to share on Facebook (Opens in new window)

      Related Posts

      Siri the second city of Delhi
      Book and Publication

      Siri the second city of Delhi

      by ranasafvi
      January 23, 2022
      How Bahadur Shah Kept His Hindu And Muslim Subjects United [Book Excerpt]
      Book and Publication

      How Bahadur Shah Kept His Hindu And Muslim Subjects United [Book Excerpt]

      by ranasafvi
      November 24, 2020
      The Shah Burj in Red Fort, Delhi : Then and Now
      Book and Publication

      The Shah Burj in Red Fort, Delhi : Then and Now

      by ranasafvi
      November 9, 2020
      Leave Comment
      Twitter Facebook Instagram Youtube
      Rana Safvi

      Come, explore and fall in love the Beauties of Delhi (Dilli ki Ranaiya’n) and the World with me, Rana Safvi

      I have a masters in medieval history from the prestigious Centre for Advanced Studies, Dept. of History, AMU. A firm believer in our Ganga Jamuni Tehzeeb, I am passionate about gaining and sharing knowledge and these days I am doing it via the social media platform.

      Browse by Category

      Currently Playing

      © 2018 Rana Safvi - A blog Exploring Ganga Jamuni Tehzeeb of India, website handcrafted by Abu Sufiyan.

      No Result
      View All Result
      • Home
      • About
      • Book & Publication
      • Culture & Heritage
        • Our Cultural Heritage
        • Sufi saints
      • Food
      • Hazrat-E-Dilli
      • Rana’s Space
        • Walks & Talks
        • Rana’s Space
        • Sher o Sukhan
      • Travel
      • Contact Me

      © 2018 Rana Safvi - A blog Exploring Ganga Jamuni Tehzeeb of India, website handcrafted by Abu Sufiyan.