A Seminar addressed by Janab Mohammed Moinuddin and Dr. Aleem Khan Falaki organized by Socio-Reforms Society on 20th April, 2016 at Shadab Hall, Jeddah.
Addressing a large gathering of gents and ladies, Janab Mohammed Moinuddin, Chairman Sadae Haq Sharayee Council, Hyderabad said that it is an uphill task for a woman to get separation from the husband while, in the name of Islamic Rights, the man enjoys the freedom to divorce her within a minute. This is injustice but pitifully it is supported by the religious establishments. He started his speech with an answerless question: “In a non-Muslim country, If a husband tortures a wife and deprives her of all her Human Rights as well as Women’s Rights, what is the way for her to get rid of him? It takes months and years in agony as Qazi is unable to issue the separation, the husband hangs her in revenge, and the Judiciary takes a long course of time until she loses her age and assets to get relief. Even if she gets the separation on the order of the Judge, who is a non-Muslim in most of the cases, it is not valid from the Shariya point of view as the courts issue the order of “Dissolution of Marriage”. It is neither “Talaq” nor “Khula”.
Moinuddin stunned the audience by describing several flaws in the family laws pertaining to the Muslim Personal Law which sometimes make mockery of Shariyat. He said there are hundreds of women hanging due to the difference of opinion among the scholars on Talaq’s issue of in one sitting or in three sittings. He said there is no Jamaat or Aalim who can help those destitute women whose husbands neither turn up nor pay any maintenance. These women cannot afford even the bus or taxi fare to go to the court but the Muslim Institutions who claim to council these cases charge sum of 2 to 3 thousand Rupee. The poor women do arrange this amount but in vein as they have to follow up continuously until they get the final answer from the institution that “Your husband is not coming to sign the separation, so you have to go the court”. He pointed out that Islam gives the Rights to a Qazi to hold the Nikah as well as Talaq or Khula but in the present system a Qazi does not have any Rights. He is merely a Nikah reader on the occasion of a marriage. He said that there are several articles in the Mohammedin Law, written by an Englishman Mr. Dinshaw Fardunji Mulla, which is often referred to judge the Muslim’s cases, are against the Shariya. For example, he said, The Restitution of Conjugal Rights is a Hindu concept. This is applied on every Family court and applied on Muslim women too. This is injustice and against Islamic Rights of a woman. In Hindu law, a woman cannot live separate from the husband unless her husband gives consent but it is different in Islam. The woman cannot be forced to live with him if she does not want. But the law of the country forces her to live with him. Unfortunately, the lawyers who pursue the case of the husbands are Muslims.
He said that the present Muslim scholars as well as Jamaats are conducting huge gatherings, spending millions of Rupee on the seminars but they are least bothered about the field work. A Sharayi Council is needed in every city. There are already existing in some cities but they do not wield any power. They are helpless if husband or wife do not accept their judgment and go to the court.
He mentioned how the Sharayi council which he founded ten years ago is operating. He said the Council’s first priority is to gather the couple and let them talk directly in front of a Qazi. If the husband does not appear, the Council sends three requests monthly and make sure that he receives it. If he still avoids coming to the Council, the Qazi takes a decision and collectively with other scholars of the Councils. In most of the cases, the women live with freedom but sometimes someone or other husband gets tempted and quarrels with the Council later. He also complained that although this work was most important and sensitive but leading Madarsas and Scholars of the city are reluctant to cooperate. Instead, they give reverse Fatwas against the Council and try to weaken a progressive method of solving the conflicts between the wives and husbands.
Dr. Aleem Khan Falaki, President Socio Reforms Society and convener said in his concluding speech that in the case of separation from the husband, the Muslim women are inflicted upon the same tyrannies which used to be in old Christian and Hindu societies. As a result of Feminism, which was nothing but a voice to liberate woman from the religious shackles, has erupted like volcano and possessed the minds of every woman of the world. The religion says a woman cannot get separation unless the husband dies, or proclaims Talaq by himself, or if collects a ransom to release her or disappears for a certain period. This is not justice. Islam gives the Right to a woman to get separated equal to the Man. She is not an animal or slave to be held for years hanging with no future.
He quoted from V.T. Rajshekar’s booklet “Why the Brahmin is against the Muslim Personal Law” that “ the day a Hindu woman will come to know about the Rights given to a woman in Islam, she will not remain in Hinduism for a single day”. Mr. Falaki said that Islam had elevated the women by giving her every kind of Woman Rights and Human Rights, but the present Muslim society has marginalized her totally.
He suggested that since the counseling is foremost important Sunnat which is unfortunately barred from the Madarsa syllabus must be started in every Madarsa, locality and city. Everyone is obliged to mediate In the conflicts as this act is far more important than many other worships.
He said that Socio Reforms Society is striving hard to eradicate the dowry system which is one of the main causes of increasing divorces and strained relations. Besides this, the involvement of in-laws in the life of the couples is also a cause of strained relations.
The session ended upon the question & answers and suggestions from the audience. Many notable personalities of the city attended the session. Among them were Engr. Khalid and Abdul Razzaq of Deccan NRI Forum, Shamim Kausar of KTT, Mohammed Ali Koya and Md. Ashraf of Indian Fraternity Forum, Engr. Sayeeduddin Indian Enigineers Forum.