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The holy prophet has declared three Talaqs in one sitting a mockery of the Quran. Seeing the Prophet’s anger over three Talaq one Sahabi(companion of the holy prophet pbuh) even sought the permission of the prophet pbuh to slay such a person.
Such a Talaq is a violation of Quranic verses and also a violation of Sahih Hadiths. Caliph Hadhrat Umar would punish people proclaiming triple Talaq in one sitting with lashes and then would conduct Tafreeq. If a person proclaims triple Talaq, it would be considered one Talaq and not three according to the Quran and Hadith and the husband will have the right to take back his wife before the completion of Iddat and if they want to unite again, they can unite with a new declaration of Meher, permission of the Wali and new marriage contract. That’s why many Muslim countries have declared triple Talaq in one sitting null and void and have banned it through legislation.
Therefore, this dilemma has been put to end in those countries years back. People like Badruddin Ajmal are opposing the bill against triple Talaq because they are giving importance to the ulema and scholars of their own group vis a vis the clear injunctions of the Quran and Hadiths. These people cannot see the light of the Quran and Hadiths because the stance of their particular imam goes against the injunctions. They become the enemies of those who follow and believe the injunctions of the Quran and Hadith.
People of these category only are very fond of this kind of triple Talaq and want this obscurantist and oppressive practice to continue though their sacred and reliable book Hadayath also calls triple Talaq a Biddat(innovation) (See Al Hadayah, Kitab al Talaq by Shaikh Ali Bin Abi Bakr al Marghabani: 593 Hijra Vol 1 p 247 publisher Darul Kutbul Ilmiyyah, Beirut, Lebanon). These biased scholars also approve of illicit sexual relationship for a night or two in the name of Halala; rather they consider it a virtuous act. Their purpose is merely to protect their own sect or Maslak though the fact is that the holy prophet pbuh has cursed both parties involved in Halala. He pbuh has called the person performing Halala a borrowed bull and a condemned person.
Hadhrat Umar also threatened the person performing Halala and the woman taking part in the Halala to be stoned to death. Hadhrat Umar considered Halala un-Islamic and Zina. Therefore, in the views of all the Sahaba and after them a majority of Islamic scholars have declared such a marriage of Halala immoral and void and so after Halala the woman will not be Halalfor her former husband. These biased followers of their sect support the triple Talaq and oppose the bill against triple Talaq because in the event of the practice of triple Talaq and Halala continuing, people will consult them for seeking fatwa for Halala. Similarly, the triple Talaq bill has become a cause for concern for those also who would get a golden opportunity to rape hapless poor divorced women in the name of making them Halal for their former husbands and sometimes the practice is lucrative too. This bill has also become a cause for worry for those who would engage in this dirty practice considering it an act of Sawab and also encourage others to promote it.
Therefore, the continuance of the practice of triple Talaq in one sitting was serving the interests of many unscrupulous elements. That’s why their opposition to the bill is not a matter of surprise.
Perhaps the readers will ask whether anybody may consider an act of shame and indignity like Halala an act of virtue and Sawab, my answer would be: yes, there are Muslims who consider this act a virtuous act. To believe me, you should see Fatawa Darul Uloom Deoband Volume 7 page No.492 in which the compiler Sheikh Zafir quotes the statement from Fatawa Durr-e-Mukhtar:
“Marrying a divorced woman to another man with the condition of making her Halal for her husband is Makruh Tahrimi (Haram), though the woman will become Halal for her husband through this Halala marriage in vogue and the state of being Mamruh-e-Tahrimi of this is proved by this Hadith of holy Prophet pbuh in which he condemns and curses both the parties involved in Halala. But if the person marrying the woman to perform Halala does not mention the condition for Halala, instead he has the intention to make the woman eligible for her husband, the Halala marriage will not be Makruh-E-Tahrimi but permissible. Moreover, if the intention of the man is reformation that is helping the former husband and reinstating his home, then marrying her for one or two night will instead be a virtuous act for the man and he will be rewarded for it.”
Did you see how our muftis declared an act of sin a virtuous act despite the intention behind it being clear? The holy prophet pbuh has said, “Indeed, all the acts depend on the intention of the doer. The doer will get rewarded according to his intentions.”(Bukhari, Kitab badul wahi Hadith No. 1) In fact, it is they who want this satanic practice to continue in the name of reforming husband and wife and with the intention of getting rewards. But our demand is that this practice of triple Talaq is un-Islamic, Haram and an innovation and that’s why it should be abolished as it has been in many other countries because this shameful practice (Halala) is a result of the practice of triple talaq being in continuance. If Muslims want to save the dignity and modesty of their women, they should support the bill brought by the government and thank the government for this favour because it is supported by the Quran and Hadith. And every truth has the right that it should be supported irrespective of who is imposing it or writing about it or telling it.
As for Maulana Ajmal’s statement accusing Salafi or Ahl-e-Hadith sect of promoting terrorism, the Mohtamim of Jamia Salfia Varanasi, Sheikh Adullah Saood has rightly, sufficiently and timely rebuked him in his letter 28. 12.2018. The editor of the Urdu daily Inquilab has given him and his extremist tribe a wise, affectionate and realistic advice that Muslims should not make such allegations against each other which might cause problems for them. They should read his message and read between the lines. (Editorial in Inquilab page No. 8 dated 31. 12. 2018) the editorial has message not only for Maulana Ajmal and his ilk but for all Muslims.
We should stress on the fact that Maulana Badruddin Ajmal has made a serious allegation from a position of responsibility and this has hurt the sentiments of the followers of the Quran and Hadith who are called Salafi and Ahl-e-Hadith and so he should apologize for his irresponsible statement from the same position of responsibility, that is, Parliament of India and repudiate his statement in the Parliament.
There is no doubt that triple Talaq and Halala in vogue is a condemned act and Haram in the eyes of the Quran and Hadith and grave injustice to women. This practice should be abolished as soon as possible. To prove this practice wrong and un-Islamic, I have written a 1000 page book with arguments from the Quran and Hadith and have also mentioned the incident of the divorce of Rakana bin Abd-e-Yazid who had proclaimed triple Talaq and was later repentant. The holy prophet pubh had declared the triple talaq one Talaq and instructed him to revoke his Talaq. And following this Hadith, more than one hundred and 70 Fatwas of muftis are present and some of the muftis belong to Maulana Badruddin Ajmal’s sect. Some of them are Maulana Mufti Ateequr Rahman, Maulana Mohammad Sayeed Ahmad Akbarabadi, Maulana Mahfoozur Rahman Bastawi, Maulana Abdul Halim Qasmi, Maulana Murtaza Hasan Qasmi and Maulana Suheb Qasmi whose campaign against triple Talaq and nikah-e-Halala has borne fruit with the grace of God.
It should also be noted that the issue of triple Talaq and the evil practice of Halala has been solved in more than twenty Muslim countries. God has already rid the women of these countries of this evil because abolition of triple Talaq and Halala has been declared invalid through legislation and the entire community has accepted the legislation. In our country too, thanks to the initiative of the central government, particularly the initiative of our Prime Minister honourable Bhai Narendra Modi this act has been passed on behalf of the honourable Supreme Court. Now, if someone opposes this act, he should be punished for this as Hadhrat Umar would punish those proclaiming triple talaq in one sitting with lashes. The mode of punishment may change with the change of time. Therefore, the punishment should be imprisonment or fine.
In the end I very humbly request my Muslim brethren to follow the Quran and Hadith in every sphere and affair of their life as the holy prophet pbuh had addressed on the occasion of the last Hajj:
“O Muslims! I am leaving for you two things. If you follow these two things sturdily you will never go astray. The first is the Holy Quran and the second is my Hadiths or my life and practices.”
Another Hadith of the holy prophet pbhh says thus:
“O Muslims! Note it that whoever will oppose my instructions and advices will incur the wrath of God and will be humiliated by God. “May God save us from indignity and humiliation. Amen
Source: Inquilab, New Delhi, 10 January 2019
Courtesy: New Age Islam