‘MuSlIM pERSoNal laW boaRd doES NoT haVE auThoRITy To INTERpRET quRaN’
The real problem lies in misinterpretation of Islamic laws, says Nafees Fazal, who WAS THE fiRST MUSLIM WOMAN TO BE APPOINTED AS A MINISTER IN KARNATAKA.
While the issue of triple talaq in India continues to boil, Nafees Fazal, the first Muslim woman appointed as a minister in Karnataka, has spoken out against the practice. Fazal served as an MLC from 1994 to June 2006 (Minister for Medical Education, Science & Technology and Indian System of Medicine/Homeopathy during 1999-2004).
Fazal has been on Haj, the holy pilgrimage of Muslims to Mecca, four times and is a strong believer in Islamic laws. In an interview with The Sunday Guardian, Fazal emphasised on the “manipulation” of the Shariah and the Hadees by self-proclaimed guardians of the community and demanded “emergency action” to stop triple talaq. Excerpts: Q. Why is triple talaq still an issue in India? A. Islam permits talaq, but the Quran clearly states that it is among those permissible things that are most detestable to Allah. The problem in India is the method in which the right to give talaq is being misused by men. There are certain sets of conditions that need to be kept in mind before a couple decides to opt for divorce. It can’t be done instinctively; any believer will have to follow the process, there is no other way out of it. Among some conditions that are prerequisite for talaq in Islam is a restriction that a woman can’t be divorced during her menstrual cycle. How, then, can any man divorce his wife any instant without prior consideration? With changing times, methods have advanced too. Men have given talaq over telephone or through a text message etc., but no matter what the medium is, one can’t ignore the conditions and disregard the due process. Q. People who are resisting a law against triple talaq claim that the state is trying to interfere with religion and that it is an attempt to dilute Islamic laws in India. Your comments. A. Surah-At-Talaq in Quran has laid out instructions for us that are to be followed for nullifying a marriage. When the Quran itself is telling you that you can opt for talaq and tells you the right way to do it, where is this question of interference coming from? This is not interference. We have a problem because of misinterpretation of Islamic laws. Correct implementation of the Shariah and the Hadees is the solution for it. Talaq is a three-month pro- cess in Islam and that is what all men should be practising. Q. Islam has attracted a lot of ire as a regressive religion for women. What do you think about it? A. Islam is the most modern and progressive religion as there can be. In Mecca, where Muslims go for Haj, there is no segregation between a man and a woman and both the genders offer their religious rites in the same compound peacefully. When Prophet Mohammad used to lead tribal wars, women used to be part of the armies and would look after the needs of the injured. The point is that women were at the forefront and not cooped up in holes. Today, we hear about fatwas that women should not be allowed to use mobile phones which have become a major means for communication. These “mullahs” who call themselves the guardians of the religion are interpreting the religious texts in a manner that systematically demeans the status of women in our society and that was never the case in ancient Muslim history. Q. Why have Muslim women been on the receiving end of this discrimination? A. Lack of education is at the crux of this problem. Muslim men and women in general have lagged behind when it comes to formal education, which is why their status has collectively suffered. What aggravates the situation is added lack of knowledge about their religion. They believe what they are told without discretion. Around 43% of Muslim women are uneducated and don’t even know how to sign their names. The 2005 Sachar Committee extensively studied the condition of Muslims in India, ascertained the reasons behind it and gave prospective solutions too. The Narendra Modi government should ensure effective implementation of the Sachar Committee recommendations. Other than that the madrasas should continue to push for private education along with the study of religious texts. Madrasas should expand as formal institutes of education that should be supported by government. Primary education should be imparted by way of institutions that can be given minority character. Q. The Muslim Personal Law Board has been the frontrunner since the Shah Bano case in arguing against the ban on triple talaq. How legitimate is their fight? A. The Muslim Personal Law Board ( MPLB) is an NGO run by “Mullahs” and “Maulvis” who do not have any authority to interpret the Quran in any way that suits them. The MPLB does not have any constitutional authority either. Nobody believes in them. If they really want to safeguard Islamic law, they should fight for equal implementation of the Shariah for both men and women. In Saudi Arabia, a Prince has been lashed and another was executed for breaking the Shariah law that is practised there. The MPLB cannot use the issue of women to augment their motivations and proclaim themselves the guardians of Muslims in India. During the Shah Bano case row, the Congress had witnessed a split over the matter as Arif Mohammad Khan had publicly defended the Supreme Court verdict in the case, while Najma Heptullah, too, was seen wearing black armband as a sign of protest. Q. Is the Uniform Civil Code a solution for conflicts on personal laws of various societies in India? A. I do not think that India is ready for a Uniform Civil Code. As a Muslim woman, I can say that Islam is not an oppressive religion, whereas Hinduism does not have a text book that dictates their personal laws, like Quran does. Therefore, the application of Uniform Civil Code cannot be simplified. In any case, the real matter at hand is to stop exploitation of women at the hands of triple talaq misused by men and this should be dealt with urgency by implementing Talaq-e-ahsan that requires completion of a three-month period before a marriage is legally considered dissolved as per the Shariah.
Around‘ 43% of Muslim women are uneducated and don’t even know how to sign their names.’ ‘Islam is the most modern and progressive religion as there can be. In Mecca, where Muslims go for Haj, there is no segregation between a man and a woman.’