By T.O. Shanavas
God permitted divorce for the believers in exceptional circumstances when all attempts of resolving disputes between the spouses are failing. The misogyny of All India Muslim Personal Law Board (AIMPLB) must be checked. The silence must not be an option for Muslim community with the Muslim Board’s campaign to violate the fundamental tenet of Islam, i.e., absolute justice.
The Rules Of Divorce As Per The Qur’an Are:
Rule # 1. God Decreed That Muslims Must Not Deviate From Justice At Any Cost Or Manner.
“…let not the hatred of others to you make you swerve to wrong and depart from justice. Be just: that is next to piety: …” (Quran 5:8).
Husband’s hatred out of the perception of wife’s conduct as disobedience makes him prone to “departing from justice.” So, it is beyond any reason or logic to assume All-Knowing God would permit at-will Triple Talaq by husbands suspicious of their wife.
Prophet (s) is a mercy to the worlds. “And We have not sent you, [O Muhammad], except as a mercy to the worlds.” (21:107). He is a “mercy” for both men and women, not for men alone. Therefore, Triple Talaq at-will by men is a cruelty and injustice towards women.
Rule 2. Must Appoint an Arbitrator
“And if ye fear a breach between them twain (the man and wife), appoint an arbiter from his folk and an arbiter from her folk….” (Quran 4:35)
Rule # 3. Must Have Waiting Period before Divorce
“Those who swear by God not to ever have any carnal relations with their wives (will not be punished), if they decide to resume marital relations again within four months. God is All-forgiving and All-merciful. And if they decide on divorce – then indeed, Allah is Hearing and Merciful.”(Quran 4:35)
“O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands’] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter. (Quran 65:1
Rule # 4. Must Have Witnesses
“And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah. That is instructed to whoever should believe in Allah and the Last day. And whoever fears Allah – He will make for him a way out” (Quran 65:2).
Rule # 5. Reconciliation Even After Divorce
Verse 2:232 states that reconciling after divorce is purer and more righteous choice.
“And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis. That is instructed to whoever of you believes in Allah and the Last Day. That is better for you and purer, and Allah knows and you know not.”
So, permission for an impulsive and instant Triple Talaq as advocated by Muslim Board is un-Islamic. The Muslim Board is rewriting Quran and by definition is a perpetration of blasphemy.
As I believe freedom to blaspheme is a protected human right in Islam but not a duty to blaspheme, and so I reject capital punishment for blasphemy, I cannot suggest or even imagine enforcing any form of violence against the members of the Muslim Board for blasphemy. On the contrary, the “fraudulent Shariah,” that the members of the Board strive to preserve, demands capital punishment for blasphemy. Based on the Qur’anic verses quoted above, Triple Talaq violates the Word of God, the Qur’an, and thereby the Muslim Board is committing blasphemy. So, I ask the members of AIMPLB, “Do you ever consider asking the Supreme Court to punish you for blasphemy under the rules of your cherished counterfeit Shariah?
[T.O. Shanavas is a native of Kerala, but is now based in the USA. He is the author of “Islamic Theory of evolution of Evolution the Missing Link between Darwin and The Origin of Species.” Co-author of the book, And God Said, “Let There Be Evolution!” Reconciling The Book Of Genesis, The Qur’an, And The Theory Of Evolution. Edited by Prof. Charles M. Wynn and Prof. Arthur W. Wiggins. He can be reached at [email protected]]