Khula, A Result Of 20th-Century Ijtihad By Deobandi Ulema Gave Muslim Women Right To Divorce
New Age
Islam News Bureau
17 June 2023
• Khula, A Result Of 20th-Century
Ijtihad By Deobandi Ulema Gave Muslim Women Right To Divorce
• Women Journalists, Niloufar Hamedi and
Elaheh Mohammadi, Tried for Undermining National Security in Iran
• Afghanistan Female Journalists Claim
They Are Barred From Some Press Conferences
• Islamic Perspective On Women’s
Employment: Is It Permissible For Muslim Women To Operate Beauty Parlours?
• Indian Govt Has Left Muslim Women At
The Mercy Of AIMPLB. Bring In UCC But Consult Us First
Compiled by New Age Islam News Bureau
URL: https://newageislam.com/islam-women-feminism/khula-ijtihad-deoband-ulema-divorce/d/130015
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Khula, A Result Of 20th-Century Ijtihad By Deobandi Ulema Gave Muslim Women Right To Divorce
Muslim women
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17-06-23
Khula (Muslim women’s right to seek
divorce) seems like an ever-existent law in Muslim society. The reality is that
this right of Muslim women is a result of 20th-century ijtihad (reasoning and
logic) by Ulema associated with the Deoband School of Islamic thought.
Muslims are not a monolithic people and
Sunni Muslims follow their religion through four prominent fiqh (schools of
jurisprudence). Most of the Sunnis across the world follow one of the four fiqh
viz. Hanafi, Malaki, Shafi’i and Hanbali. In South Asia, for historical
reasons, most of the Sunnis adhere to Hanafi fiqh.
Hanafi fiqh, though somewhat less
stringent in other practices, according to Prof. Sabiha Hussain, “is the
strictest in matters of divorce, and gives the wife almost no grounds for
initiating the dissolution of her marriage”. In the early 20th century with the
awareness among women, a demand of extending the right to divorce emerged among
women's rights advocates. Hanafi Ulema were unequivocal in rejecting this
demand.
Women rights activists like Rashid
ul-Khairi, Begum Jahanara Shahnawaz, and others started a campaign to build
public opinion in support of securing the right to Khula.
Maulana Ashraf Ali Thanvi, one of the
most respected Ulema from Deoband school, intervened in the matter. He understood
the changes in society well and had already written a book for women, Bahishti
Zevar. Thanvi met several Islamic scholars and wrote letters to others to
consult them on their opinion.
In 1931, Thanvi published a lengthy
fatwa titled al-Hilat al-Najizali'l-Halilat al-'Ajiza (A Successful Legal
Device for the Helpless Wife). In this 201-page fatwa, he wrote that in these
changing times women can be granted further rights. The fatwa said that if a
woman didn’t want to live with a man because of abuse or some other reason she
could seek divorce. Though, originally Hanafi fiqh doesn’t allow women this
right but Maliki fiqh does. Thanvi gave a verdict that Khula, which was not
allowed until then in India because of Hanafi fiqh, could be employed by Muslim
women in India as well.
Jamiat Ulama-i-Hind seconded this fatwa
and started popularising it in the form of articles, books, pamphlets, and
public meetings. In 1936, a bill was introduced in the Central Assembly based
on this fatwa.
Husain Imam during a debate on the bill
in 1939 said, “There is no provision in the Hanafi Code of Muslim Law enabling
a married Muslim woman to obtain a decree from the Court dissolving her
marriage in case the husband neglects to maintain her, makes her life miserable
by deserting or persistently maltreating her, or absconds, leaving her
unprovided for and under certain other circumstances. The absence of such a
provision has entailed unspeakable misery to innumerable Muslim women in
British India.
The Hanafi jurists, however, have
clearly laid down that in cases in which the application of Hanafi law causes
hardship, it is permissible to apply the provision of the Maliki, Shafi, or
Hanbali law. Acting on this principle, the Ulama had issued a fatwa to the
effect that in cases enumerated in clause 3, part A of this Bill, a married
Muslim woman may obtain a decree dissolving her marriage. As the courts are
sure to hesitate to apply the Maliki law to the case of Muslim women,
legislation recognizing and enforcing the above-mentioned principle is called
for to relieve the suffering of countless Muslim women.”
The law was enacted in 1939 and came to
be known as ‘The Dissolution of Muslim Marriage Act’. Ahmad Kazmi, who was also
from Jamiat Ulama-i-Hind, said while proposing the bill for a vote in the
assembly, “The demand from educated Muslim women is becoming more and more
insistent, that their rights be conceded to them according to Islamic law – I
think a Muslim woman must be given full liberty, full right to exercise her
choice in matrimonial matters.”
Almost 80 years later, Indian Muslims
don’t even realize that the right of Khula is not originally there in Hanafi
fiqh, which governs Deobandis, Barelvis, and Sufis. The right is a result of
ijtihad by scholars of Deoband in general and Maulana Ashraf Ali Thanvi in
particular.
Source: awazthevoice.in
https://www.awazthevoice.in/women-news/ijtihad-by-deobandi-ulema-gave-muslim-women-right-to-divorce-22133.html
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Women Journalists, Niloufar Hamedi and
Elaheh Mohammadi, Tried for Undermining National Security in Iran
A newspaper
with a cover picture of Mahsa Amini, a woman who died after being arrested by
the Islamic republic's "morality police" is seen in Tehran, Iran
September 18, 2022. Majid Asgaripour/WANA (West Asia News Agency)
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June 16, 2023
Journalists in Iran Charged for
Reporting Mahsa Amini’s Death
Two Iranian journalists, Niloufar Hamedi
and Elaheh Mohammadi, have been charged with “conspiring with foreign
intelligence agencies to undermine national security” for their reporting on
the death of Mahsa Amini last year. Both women had been held for eight months
before facing trial last month. According to reports, families were not allowed
to attend, and lawyers were not allowed to speak in their defense. Hamedi
became involved in Mahsa Amini’s case after speaking with her relatives at the
hospital and publicizing her death across social media. Days after this visit,
her Twitter account was suspended, and she was placed in solitary confinement
in Tehran’s Evin prison. Separately, Mohammadi had traveled to report on
Amini’s funeral before also being imprisoned in Evin. “These two journalists
have become icons of professional journalism in Iran in the face of all the
restrictions and the censorship,” said Asal, a former reporter for the daily
newspaper Shargh, which Hamedi worked for. “Their imprisonment is not just the
imprisonment of two journalists, but the imprisonment of professional
journalism in Iran.” According to the Committee to Protect Journalists, at
least ninety-five journalists have been arrested since Amini’s death.
Women Abandoned After Marriage in India
A recent New York Times publication
illustrates the troubling pattern of husbands abandoning their spouses after
marriage in the Indian state of Punjab. With promises of a more prosperous
life, many women marry men who work abroad, hoping to receive a visa and later
join them. Some of the marriages are legitimate, with husbands committed to
securing a visa for their wives. But many other women are being deceived, with
their families defrauded of dowries, honeymoon expenses, and visa payments. In
many cases, the husband leaves after the wedding to work abroad with no
intention of having his spouse join him. Wives are left behind with in-laws,
many in a state of permanent servitude. Many women report constant
surveillance, which leads to psychological and physical abuse, including rape.
Women have been filing petitions with India’s Supreme Court and reporting their
husbands to authorities in hopes of having their passports revoked. But many
are afraid or unable to file complaints due to cultural and financial reasons.
Brazil Combats Wage Inequality
In early June, Brazil’s Congress
approved a bill that will punish companies that do not pay women an equal
amount to their male colleagues. In Brazil’s lower house, the Chamber of
Deputies, the bill was approved by 325 votes to 36 with those against the bill
aligned with former president Jair Bolsonaro. The proposal will now be validated
by President Luiz Inácio Lula da Silva. Once enacted, employers who fail to
comply can be fined up to ten times the amount of the highest salary paid at
the company. If the company continues to underpay, the fine can be doubled. It
is estimated that Brazilian women earn, on average, 78 percent of a man’s
salary. A study by the International Labor Organization points out that equal
pay between men and women can add 0.2% to the growth rate of the Gross Domestic
Product (GDP) of a country. “We are working hard to make this happen in
Brazil,” said the Minister of Women, CidaGonçalves.
Source: cfr.org
https://www.cfr.org/blog/women-week-women-journalists-tried-undermining-national-security-iran
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Afghanistan Female Journalists Claim
They Are Barred From Some Press Conferences
16-06-23
These journalists criticized what they
consider gender discrimination against female journalists.
"Sadly, we were kicked out of the
press conferences in which we participated. I ask the government to join hands
and give women a share so that they can work alongside their brothers,” said
Nilab Noori, a journalist.
"There were some problems in this
regard, when they wanted to make a report from some exhibitions, they were not
being allowed,” said FatanaBayat, a journalist.
However, some media-supporting groups
are concerned about this matter and claim that restricting the employment of
female journalists may result in a gap in the supply of information.
"It's not a good way for press
freedom and access to information, and this in itself is a form of restriction,
and there shouldn't be discrimination in the work of providing
information," said Abdul QadimViyar, head of the Committee for the Safety
of Afghan Journalists.
According to Zabihullah Mujahid,
spokesman for the Islamic Emirate, there are no barriers preventing female
journalists from working in the media in accordance with Islamic law.
Mujahid noted that the media law has
been sent to the leader of the Islamic Emirate for approval, but nothing has
been said about preventing the work of female journalists.
"The media law, which has been sent
to the leadership and is currently yet to be approved, does not contain such a
thing. We do not have any restrictions in this regard, but of course, Islamic
laws, Islamic values, the hijab for women, and also protecting the high
interests of the country are mentioned in it, which we are all obliged to
comply with,” Mujahid added.
According to figures of some groups
supporting the media, after the political change in the country, 94% of female
journalists have become unemployed due to restrictions on the work of female
journalists.
Source: tolonews.com
https://tolonews.com/afghanistan-183803
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Islamic perspective on women’s
employment: Is it permissible for Muslim women to operate beauty parlours?
16th June 2023
Someone from Jordan wrote to Hazrat
Amirul Momineen, Khalifatul Masih Vaa, stating that the following questions had
been submitted on their website:
Is it permissible to marry one’s
brother’s divorcee?
If someone has got a gold tooth fitted,
is it permissible to remove it after the person’s demise?
Is it permissible for women to operate
beauty parlours?
Huzoor-e-Anwaraa, in his letter dated 6
June 2022, provided the following responses to these questions:
“[…] Operating or working in a beauty
parlour is both permissible. There is no reason for it to be impermissible from
a religious perspective, provided that certain religious considerations are
taken into account: there should be no mixing between men and women, the
workers in the parlour should be women, and the individuals getting made up
should also be women. Full provisions for purdah should be made. Makeup should
be limited to the face or other parts of the body that do not lead to immodesty
when beautified.”
Source: alhakam.org
https://www.alhakam.org/islamic-perspective-on-womens-employment-is-it-permissible-for-muslim-women-to-operate-beauty-parlours/
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Indian govt has left Muslim women at the
mercy of AIMPLB. Bring in UCC but consult us first
AMANA BEGAM
16 June, 2023
The 22nd Law Commission of India has
renewed the discussion on crucial topics such as religious freedom and women’s
rights by seeking fresh suggestions on the contentious Uniform Civil Code from
various religious organisations. It is an inclusive approach that considers the
perspectives of various stakeholders by providing them with a 30-day period to
present their views.
However, it is important to discuss
whether the opinions of religious organisations should take precedence over the
concerns of women and women’s groups, given that the personal laws under the
UCC predominantly affect women.
Religious organisations have often been
obstacles to achieving gender equality in India. The introduction of the UCC
can address these disparities and champion women’s rights. The UCC would
effectively streamline laws pertaining to marriage, divorce, adoption,
guardianship, succession, inheritance, and other issues that greatly impact
women in India.
Not an infringement on freedom
The UCC has remained a controversial
issue due to the heavy opposition from a large section of Muslims in India.
They argue that the UCC will snatch citizens’ right to follow and practise
religion. But that is a misleading claim. The UCC isn’t intended to infringe
upon the lifestyles and identities of Indian citizens but aims to safeguard
fundamental rights to equality and liberty. Its goal is to strike a balance
between individual rights and collective values.
We cannot allow the oppression and
marginalisation of women in the name of diversity and culture. Personal laws
for most religions are highly discriminative. Muslim personal laws, governed by
Sharia, even allow nikahmut’ah or contract marriage and nikahhalala or marriage
to another man before remarrying a divorced husband.
The 1985 Shah Bano case was an
opportunity to bring about reform within the Muslim community, specifically
regarding divorce rights for women. Even the Supreme Court observed that
Parliament should outline the contours of a common civil code as it is an
instrument that facilitates national harmony and equality before law. But it
became a tragic turning point where outdated patriarchal interpretations of
Muslim personal laws took precedence over gender equality and individual
liberty. This case serves as a stark reminder of the setback to gender justice
and its profound impact on Indian society and politics. It is essential to
learn from this missed opportunity and strive for comprehensive reforms that
align personal laws with constitutional principles.
‘Reform from within’ already there
Liberals opposing the UCC argue that
reform should come from within. While internal factors are important, this
argument often overlooks the impact of external sources. Raja Ram Mohan Roy’s
fight against Sati in the 19th century was helped by foreign influence — the
British government eventually banned it.
Since Independence, the Indian
government has actively tried to amend the Hindu code bills to promote gender
equality among Hindus. But the fact that it has not shown the same kind of
enthusiasm for other communities on similar issues pains me deeply as an Indian
Pasmanda Muslim woman.
And it isn’t as if Muslim women have not
been vocal regarding their demands. In the name of religious freedom, the State
has left us at the mercy of the All India Muslim Personal Law Board (AIMPLB), a
deeply patriarchal institution which, to this date, has not even codified Muslim
personal laws. Muslim women have filed several public interest litigation
(PILs) against practices like nikahmut’ah and nikahhalala.
A 2017 report by the Bharatiya Muslim
Mahila Andolan (BMMA) across 10 states showed that 91.7 per cent of the
surveyed Muslim women opposed polygamy and oral and unilateral talaq.
Therefore, the desire to bring about “reform from within” is already present in
the Muslim community — what’s left is the State’s introduction of a legal
framework that is the UCC.
The drafting of the UCC should be
approached within the broader framework of a Universal Bill of Rights for
Indian citizens (Ubric). It is important to avoid biased positions under the
guise of secularism, as such discrimination only serves to divide communities.
The right to exercise religious freedoms should be accessible to individual
Indian citizens without granting religious institutions the authority to
preside over them.
While it is important to consider
diverse perspectives on this matter, the Law Commission’s emphasis should have
been on the experiences and struggles faced by women. Women’s organisations,
which have tirelessly advocated for gender equality, should be at the forefront
of this discussion. Their knowledge and expertise would have, undoubtedly, provided
valuable insights into the discriminatory nature of existing personal laws and
the urgent need for reform. Hear religious organisations out without giving
them disproportionate influence over a matter that primarily affects women.
The time has indeed come to provide
equal and fair treatment to all Indian women irrespective of their religious
identity. As an Indian Pasmanda Muslim woman, I have a question for the Modi
government: For how long would we remain subjected to step-motherly treatment
when it comes to our rights?
Amana Begam Ansari is a columnist and TV
news panelist. She runs a weekly YouTube show called ‘India This Week by Amana
and Khalid’. She tweets @Amana_Ansari. Views are personal.
(Edited by Humra Laeeq)
Source: theprint.in
https://theprint.in/opinion/indian-govt-has-left-muslim-women-at-the-mercy-of-aimplb-bring-in-ucc-but-consult-us-first/1628818/
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URL: https://newageislam.com/islam-women-feminism/khula-ijtihad-deoband-ulema-divorce/d/130015