Thank you Asghar Bhai,
Please keep up your work, it is not reform, but rather removing the dust gathered on pristine Islam. Today, there are more and more people appreciating your work, and we just need to work on building that momentum and have them speak up.
Some of the good things of Islam seem Khokla, empty, when a few of these ulema talk about women having equal rights, without meaning it. One prominent Muslim leader shamelessly uttered, “we were the first ones to give them equal rights” baloney! We did not give them any rights, God had given them those inalienable rights, and we the men had usurped it, and thank the Prophet for restoring them.
And yet they remain silent when an idiot dumps a woman in three bloody words, throwing her whole world into chaos and Zulm. Those women who were thrown on the street with children and no source to support them may not admit that the prophet’s religion as practiced is a zulmat and not the Rahmat we proclaim. Triple Talaq needs to go, but we have to work at it, let some of these Ulema actually understand Islam and read Quraan.
The Prophet was Rahmatul Aalameen; and all we have to do is match our talk with our acts by following the Quraan.
If Islam can be translated into one word, it would be Justice. Justice is the mother cure for all ailments of the society.
In the years of work you have shaped, you must have noticed the improvements from belligerent opposition to somewhat simple opposition, and it is a positive change. I have noticed dramatic changes in the last 10 years in the Muslim forums, including the ones I moderate. When I started talking about Pluralism in Islam - I was vehemently attacked in my own forums and every Muslims forum, thank God, today, their fears are subsiding and they see that the pluralistic values are embedded in Islam and Islam is about Universality. Today, just about every scholar is writing about Pluralism in Islam. Insha Allah, we have to continue the work.
I am blessed to live in America, and have a lot more freedom available to me, to write freely, rather than threatened by the fatwa bombs. Someone tried to bring one from Karachi on me, and I told them to go ahead and make my day, they did not give me that pleasure.
Islam is a summation of the beauty of all religions, while all religions are beautiful in themselves, and we cannot let a few ruin the beauty of Islam. Keep up the good work.
Jazak Allah Khair
Muslims together building cohesive societies
ULAMA AND ISLAMIC VALUES
Asghar Ali Engineer
A few days ago we had organized a discussion on codification of Muslim personal law in a way that could be acceptable to all the sects of Islam in India. We have done so in consultation with the ulama Muslim intellectuals, lawyers and women activists. Also, this codification is strictly with frame-work of Shari’ah that is Qur’an and sunna. We have had a few consultations before we finalized certain proposals and we also had kept in view the codification done in many Muslim countries like Pakistan, Jordan, Egypt and other countries.
Our draft codified law addresses the question of misuse of polygamy, triple talaq, inheritance, custody of children etc. The orthodox Ulama who have constituted the Muslim Personal Law Board since seventies of last century, hardly do anything to stop misuse of these provisions with the result that a large number of Muslim women suffer – are arbitrarily divorced ruining their lives for ever and throwing their children in an uncertain future. Many men taking advantage of provision for polygamy desert their fist wives and marry another one and in order to take revenge do not even divorce them as under unregulated Muslim personal law today khula’ cannot take place without the consent of husband.
Our proposed codification is chiefly meant to stop such abuses and restore its thrust for justice and gender equality. Though we have finalized proposals we, by no means, consider it perfect and so have kept it open for consultation and further perfection. Continuing with consultation we organized one such consultation at Lucknow which is a centre of Islamic learning and invited ulama from Nadwat-ul-Ulama and Farangi Mahal, the two great centres of Islamic learning, besides other Ulama, intellectuals and women activists.
Though we are aware that it is by no means easy to get such proposals accepted by orthodox Ulama or Muslim Personal Law Board (MPLB) we continue to discuss with them and persuade them to accept these proposals in the interest of Islamic spirit and justice to women. We also wish to have dialogue with MPLB, preferably its chief Maulana Rabe Hasni. In this consultation we requested that MPLB should depute some representative to have at least preliminary discussion with us.
A maulana was deputed and from Farangi Mahal its chief Maulana Irfan Siddiqui himself came. The consultation was great disappointment and proved how rigid our Ulama are and one of the reasons why Islam appears to be so rigid to non-Muslims and rationalist Muslims is chiefly because of this rigidity. Right at the beginning the Maulana from Nadwa (I am not naming him) right in the beginning said you are undertaking very ‘dangerous’ work (khaufnak kam kar rahen hain).
He also alleged that you are trying to ‘change Qur’an.’ I said let us first go through the proposals and then you point out why it is ‘dangerous’ and how it amounts to change Qur’an. We again reiterated that our proposals are strictly within the frame-work of Qur’an and sunnah, all we are doing is to regulate and pre3vent their misuse like polygamy, triple divorce etc. We have proposed, for example, that a man should not be allowed to marry another wife unless he is permitted to do so by the marriage council (or shari’ah court) presided by a qazi and his first wife after thorough inquiry which could include need for second wife and his capacity to do justice.
Both the Qur’anic verses in on polygamy in Qur’an (4:3 and 4:129) stress justice, not number and justice is very primary in Islamic value system too and in taking second wife too justice cannot be ignored. The Maulana then said it is Hindus who marry more than one wife more often than Muslims. I said so what, we are here discussing the Muslim Personal Law and not Hindu law or violation of Hindu law. We must understand the maqasid al-shari’ah (intentions of shari’ah) and should not go by formal law as formulated by early jurists. In fact early jurists also had kept justice in mind and even tried to define justice but soon it began to be misused by men and justice became quite secondary to number (upto four)
Similarly triple divorce in one sitting is not mentioned in Qur’an and Qur’an has clearly prescribed method also and requires two witnesses at the time of divorce (65:1-3) and yet among Hanafi Muslims triple divorce in one sitting has become the only form of divorce in India. Qur’an also makes provision for arbitration before divorce (4:35) which is also avoided today. Thus Qur’an becomes secondary when it comes to men’s domination.
The Maulana said if I prove the Propjet (PBUH) had allowed triple divorce would you accept it? I said surely I would. Please quote the source. He could not and then I quoted the hadith in which the Prophet (PBUH) had strongly denounced triple divorce when Rukkana divorced his wife thrice in one sitting. The Maulana had no reply but again he said very few Muslims divorce their wives. One ‘alim even said none of us present here has divorced his wife. I said we are not going by numbers but quality and intent of law, not how many Muslims divorce their wives. I know of several Muslim women whose lives have been ruined because of triple divorce.
The Maulana when rendered speechless adopted tactics of munazarah (debate) in which matter is twisted rather than give solid reply. The Maulana at last left in a huff rather than give any constructive suggestion. I was very much pained that our religious leaders are so rigid and have lost the true spirit of Islamic legislation.