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Deoband chorus: Discourage triple talaq, but Shariat above all laws

On Tuesday, the Supreme Court ruled against instant triple talaq or talaq-e-biddat, with a majority judgment of the Constitutional Bench calling the law “un-Islamic”.

Written by Kavita Upadhyay | Deoband | Updated: August 23, 2017 6:55 am
triple talaq, triple talaq verdict, deoband, triple talaq muslims, muslim divorce, aimplb, indian express news In Uttar Pradesh’s Deoband, 160 km from Delhi and home to one of the most influential seminaries for Sunni Muslims, Darul Uloom Deoband, the ruling had few takers.

At her one-room home inside a narrow lane of Deoband, Shazia is conducting a tuition class for four children, including her seven-year-old daughter Alia, on how to read the Quran. Shazia says she was divorced by her husband three months ago through instant triple talaq, “by uttering the words ‘talaq, talaq, talaq’”.

With the eight-year marriage over, the 30-year-old returned to her mother’s house, a few lanes from her former husband’s home. “I have studied only till Class 10, this is all I can do to earn a living for my daughter and myself,” said Shazia, adding that she charges Rs 50 from each student.

And yet, Shazia says, the “shock and sadness” from the “talaq” has not shaken her belief in the Shariat. “When my husband said talaq thrice, it was over. But I would never question the Shariat,” she says.

On Tuesday, the Supreme Court ruled against instant triple talaq or talaq-e-biddat, with a majority judgment of the Constitutional Bench calling the law “un-Islamic”. But in Uttar Pradesh’s Deoband, 160 km from Delhi and home to one of the most influential seminaries for Sunni Muslims, Darul Uloom Deoband, the ruling had few takers.

Inside the seminary, where verses from the Quran rang aloud, the mohtamim (rector), Maulana Mufti Abul Qasim Nomani, said, “The courts and the Parliament don’t have the right to form any law that goes against Islamic law.”

Nomani said, “I cannot comment further till I read the entire judgment… As far as our action on the judgment is concerned, we will hold meetings with the All India Muslim Personal Law Board (AIMPLB) and decide what needs to be done. We stand with the AIMPLB.” At his office inside the seminary, Ashraf Usmani, public relations officer of Darul Uloom Deoband, says he does not agree with the description of triple talaq as “traditional law”. “Triple talaq falls under the Shariat. It is not like we have an option to go for or against it,” said Usmani.

Usmani says the seminary may have issued hundreds of fatwas on triple talaq, but none on discouraging the practice. Outside the seminary, Mohammad Aslam (64), a perfume vendor in Deoband town, said, “Though the Shariat mentions triple talaq, it doesn’t encourage it. The correct method would have been for fatwas to be issued against the men who use triple talaq as a tool to get separated from their wives. Teen talaq bahut khatarnak hai, ghar ujad jaate hain isse (Triple talaq is dangerous, it can destroy homes).”

However, Aslam said, “Right, or wrong, we will always go by the Shariat, and not any court order. The Shariat is above all courts. The only correction that needs to be done by the Darul Uloom Deoband is to discourage the practice of triple talaq.” In another part of the town, Femida, the mother of 21-year-old Heena, blames her daughter’s divorce through instant triple talaq eight months ago on the “greed” for dowry.

“Her former husband’s family wanted a lot of dowry, the greed eventually led to the divorce. But the practice of triple talaq is better than making the woman suffer by not divorcing her. Now that my daughter is with me, I will look for a suitable match and get her married again,” said the 45-year-old. “Triple talaq is law, and it has to be followed. No court is above our law,” said Femida.

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  1. S
    SR
    Aug 23, 2017 at 2:20 pm
    In India, we are governed by the secular cons ution and there is no place for Shariat law in India. Those who want Shariat law may plz go to any Islamic countries where Shariat law is followed. But, India is certainly the place for them. Besides, the Muslims in India are the most hypocrites as they want the Shariat law applicable to them only in the civil cases and not in the cases related to criminal offences which are barbarian in nature like chopping hands and beheading for crimes of theft, murders, rape and anti national activities. Plz whether those Muslims in India who demand them to be governed by the Shariat laws for civil cases will accept the same Shariat law for their criminal offences also.
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    1. L
      Lovely
      Aug 23, 2017 at 12:19 pm
      Shariat above law! Then why hands , fingers are not cut.? Why there is no stoning? Why bank interest is eagerly accepted? Please be clear!
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      1. A
        autonomous
        Aug 23, 2017 at 11:10 am
        A muslim women can't say triple talaq and divorce her husband its only the husband who gives it so if she like it or not she has to accept it that's where the difference between the muslim woman mindset gets in some of them accepts fearing religous beliefs rest now gets annoyed by these so called beliefs which are causing injustice to muslim woman .Now most indian woman are educated and working so they don't want to be submissive to their husband anymore fearing of religious beliefs which they are taught in childhood.So they fighting for their gender equality what they truly deserve.
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        1. V
          Vipul
          Aug 23, 2017 at 11:02 am
          Okk..so the idea of India gang started fermenting after the verdict, trying to create a narrative that how ordinary Muslims are aginst court verdict. Well done that was expected.
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          1. M
            manas
            Aug 23, 2017 at 10:52 am
            I congratulate BJP and those brave women who earned this victory overcoming entire opposition selfish journalists like Rajdeep sardesai,Barkha dutt and many vested interests. Only BJP can bring major social reforms as it doesn't need Muslim votes.
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            1. H
              harsh
              Aug 23, 2017 at 11:15 am
              and what about the reform in the hindu society ,,, you dont think that we all are reformed and nothing needs to be changed in our religion ,,
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