THE 33rd session of the Jamiat Ulema-e-Hind, held in Ajmer last month, held triple talaq as un-Islamic while opposing any proposals for a uniform civil code. While even the Ahl e Hadith, one of the most reclusive sects among Indian Muslims, has said the same thing, the stand taken by Maulana Mahmood Madani’s organisation is significant as the Jamiat is the largest organisation of imams in India. The Ajmer session was attended by imams of the many madrasas run by the organisation. The Supreme Court is hearing a bunch of petitions questioning the validity of triple talaq.
Quoting the resolution passed at the Ajmer gathering, Madani said, “The session condemned talaq at one go and appealed to every section of Muslim society to make strides to eliminate it.”
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The resolution added, “We have to wage jihad against the wrong practices prevalent in nikah and talaq. We have to spearhead the movement to give proper rights to women in accordance with Islam. We will strive to insert such clauses in the nikahnama that will resolve any disputes in martial life.”
Admitting that a Law Commission questionnaire on “reforms” in personal laws had provoked fears of an attempt to push a uniform civil code, Madani said, “The PM has spoken on this and his credentials on this are suspect. So we are not concerned about what he has said. But we feel women in Islam have been given their due and we must ensure that happens practically. That is central to Islam.”
At a rally in UP on October 24, PM Narendra Modi had said “lives of Muslim women cannot be allowed to be ruined by triple talaq”.
Madani said the Jamiat had started persuading people to adopt the kabin nama, which is like a pre-nuptial agreement. “There had been a move in 2005, at our 28th session, to have the kabin nama along with the nikahnama. Like a prenuptial agreement, the kabin nama requires designation of two representatives each on both sides to mediate in case of irreconcilable differences between couples, so that women can get divorce easily.”
The Muslim personal law also provides for “khula”, where a wife can unilaterally ask for divorce.
The Jamiat resolution also made its stand clear against a uniform civil code, calling it fundamental violation of the compact of India where religious minorities are free to practise their faith. “We consider practising and preserving our religious identity and dealing with our internal matters in accordance with the teachings of the Quran and Sunnah our constitutional rights,” said the resolution.