The current world belongs to science and technology and innovative sources are potential use of possibilities within nature. Despite of all of this our rational thinking is declining. Although our jurists and scholars have paved an absolutely clear path that “Fatwa (An authoritative legal opinion but non-binding) changes as per the changing time”
The book of Allah is the final decision for his worshipers. So in case of disputes, Qur’an should be the final authority. And whoever does not judge (deal accordingly) by what Allah has revealed – those are the disbelievers, wrongdoers and disobedient. (Al Qur’an – 5:44, 45, 47) Qur’an is not an obstacle but an aid towards human advancement. That’s why Allah’s words can only be understood by Allah’s book.
I am not ashamed to say that Muslim Personal Law Board’s specific segment is largely responsible for the plight of Muslim women in this country. In current situation divorce is given through Social media, email, messages and phone etc. as a common practice and all these methods are attributed towards Islam. Muslim Personal Law Board also recognizes these methods. Although these prevailing practices are nowhere close to Islam. As in case of marriage two reliable witnesses are required, the same way in case of divorce two reliable persons should be the witness. (Al Qur’an 65:2) Marriage and Divorce are bound by same condition so there is no concept of giving divorce through social media, email, messages and phone etc. in Islam.
In relation to social Boycott of those who give instant triple talaq, Muslim Personal Law Board has submitted an affidavit in Supreme Court which actually is not under the jurisdiction of Personal Law Board! You can give command only if you are in position of giving command. Only Authoritative Power (Law Enforcement) has authority to order or prohibit someone. In the same affidavit, it is also said that Qazi (One who conducts marriage) would give advice to both boy and girl that condition to reject the instant triple talaq be included in marriage contract. Now a question arises what if somebody miss on including the condition of rejection of instant triple talaq in marriage contract and husband gives instant triple talaq, will that talaq (divorce) be considered as valid or invalid?
Qur’an neither implicitly nor explicitly endorse Triple Talaq in one sitting. It clearly announces Al-talaqu marratan i.e. Divorce is twice. (Al-Qur’an – 2:229) and we can say that it is non-existent. Talaq (Divorce) is a fair system of Sharia (Islamic law) and just and fair solution to the problematic married life if they wish to divorce in accordance with the divine intention.
Respected Scholars, Why are they destroying their houses by their [own] hands? (Al-Qur’an – 59:2) Why are we preventing Muslim women from their permissible rights? That was a people that have passed away. They shall reap the fruit of what they did and you of what you do! (Al-Qur’an – 2:141) Even after clearly demonstrated facts, not being fair shows lack of wisdom!
Maulana Syed Shahabuddin Salfi Firdausi
(Chairman – Athar Blood Bank, Solapur)