Fatwah is a non-binding authoritative decision for the victim parties. It can only be given by the jurist or mufti in the presence of committee. The authority is given to those people who have a complete knowledge of rule and regulation of Islamic religion. This is based on faith only and in the name of god they issue a fatwah. In our constitution, there is no place for such judgments.
The fatwah basically is given in the Shariyat Adalat( a court of Muslim community) for the people who are the victim but nowadays people are being a victim of fatwahs. The one who gives fatwah says ourselves the messengers of God and the fatwah they are giving is the order of god and the victim has to admit according to their belief.
Recently I saw a news in which a lady was suffering from triple talaq and now with fatwah also. She was fighting for her rights so she went to the Shariyat Adalat for justice but mufti raises a fatwah against her and her fundamental rights. In fatwah it was mentioned that nobody will talk to that lady, If she got ill then nobody will take care of her even her parents. Nobody will share food with her and if she died then the prayer during janazah (namaz-e-janazah) or funeral prayer will not read for her and the place for her grave in the crematorium will not be given to her. According to Mufti who issued this fatwah, it was mentioned in the rulebook and whatever the judgment he has given to that lady was a fair decision.
Is it a fair decision…?? Actually, he’s misusing his power under the blanket of religion. We talked to some other muftis also but they completely denied to this rule. But again behind all this, a victim lady is suffering from fatwah and she’s raising her voice of herself and for her fundamental rights. In the 19th century if most of the Muslim sisters go to the shariyat only for the justice and the mufti decision was supreme to everyone. As a consequence, most of the victim ladies suffer the monopoly and commit suicide.
In my previous blog I asked your suggestion about the shariyat and triple talaq and today I’m asking about the fatwah in the shariyat. All India muslim personal law board wants shariyat adalat in each and every state. But again and again, most of the cases of misjudgment are coming so this is a high time to understand what is right for our sisters and brothers. Take a one step for the wellness of those victim Muslim sisters. If Mufties keep doing such things then no one can have justice. There should be one law for one country.
Can a single word wipe out everything…???
Talak or Divorce is a way to get rid off from the unwanted marriage relationship. Triple talaq is a custom held by Muslim community for Muslim people in which if any married Muslim says talaq three times in front of or a mile away from his wife in the presence of qazi then it is considered as a divorce. This considered as a final decision without any negotiation of that woman or the Indian court.
India is a secular country, where so many religions and customs are living together and all they follow the same rules of our constitution. For us the national anthem, national song, national flag all are same. we respect our constitution and its rules and follow them without any restriction and fear. This is not just a constitution, this is a faith which bound each and every Indian. But triple talaq is a custom which doesn’t come under our constitution. But still, some peoples are following it blindly because some of them are unaware of the reality and some people have to follow in the pressure of religion. The Supreme court has ordered to make a rule in respect of this but there is no final rule until now. Our Lok Sabha is still trying to make the rule so that no one can suffer this pain further in life.
What our belief says…
Divorce or talaq should be on the mutual understanding of both the people who involve in this relationship if any relationship is not working well and both of them wants to quash that relationship then it a perfect way to get rid of all the problems so that both of them can easily move on in their life. But triple talaq isn’t a divorce from the mutual understanding, this a decision imposed on a woman to give her nod forcefully.
Intolerable consequences of Triple Talaq
some of the people take the advantage of it, they marry to a young girl and stay with her for a month or a year and when their needs got full then by easily saying talaq three times they eradicate their relationship and move on to a new relationship. Think about that girl who just started her life and dreaming of a better future, now she’s broken and helpless to do anything in the life. The society will reject her and start cursing for the unfortunate things which she never dreams of even in the days. In case if she’s pregnant then she can never imagine who will take care of this and some people started taking the advantage of this need. Neither she can die nor live properly with this pain and the life become hell for them.
The attention of the opposition:
The opposition thinks that this a custom running from an ancient time and by not following this we will disrespect the decision of God and religion. All the Muslim people have to follow this ancient rule. In my previous blog, I’ve mentioned about Shariyat Adalat where the decision of and decision for Muslim people are to be taken. Yes, these kinds of system can help people but it creates diversity in every Indian mind. We respect our ancient faith and beliefs but this is the twenty-first century and people’s psychology are changing day by day. When people are developing and their thought process is changing then why to follow that rules which disintegrate everybody’s life. I truly believe ancient theories which help to flourish everyone’s life.
This isn’t about peoples for different religion it is about a girl who is suffering from this heinous act. she’s demanding justice to our constitution, not from the people. And if the rules for the same people are different then nobody can get justice and people live with this pain for a lifetime.
“Unity is strength and diversity breaks so we should follow the UNIFORM CIVIL COURT, a court where rules are the same for each and every individual”.
The constitution of India is a supreme law of India. As we all belong to India we have firm faith in our constitution and the laws mentioned there. We respect all the judgments given by our court under our constitution. This is uniform for each and every individuals who belong to India. No one is above it and its law is also the same for the one who is giving the judgments even.
Shariyat or Darul-Quza is nowadays on flash because of it’s increasing demand everywhere in India. Darul stands for Ghar (home) and Quza means Faisla (judgment), this a place where disputes of family matters of Muslim families are solved. According to All India Muslim Personal Law, Shariyat must be all over India so that the load of the court can be decreased and people can have a fine solution of all disputes so early. They also denying to say Darul-Quza as a Parallel Justice Court because they are not bounded or forced to admit their judgments.
After all this, as an Indian should we promote the Shariyat…??
If we promote Shariyat then it could be a parallel justice court after some time for Muslims people. According to one survey if any Muslim went there to take their disputes then they are solved within two or three months and most of the disputes solved there only but one survey says if any disputes remains unsolved then the board or Qazi declared the judgement (fatwa) according to the Quran and the Muslim people has to obey this on the basis of Iman or fear of Allah. Whatever they finalize they have to obey with their decision with the whole heart and the biggest issues and problem creates there only for them. What if the decision made is not right or against our constitution. All the consequences will be suffered by our Muslim brothers and sisters.
What if, we all support…??
As all the Indians supports Uniform justice law or Uniform civil court then the judgment for the same crime for every people of India is the same. But it takes the long procedure and time to reach to the judgment. According to one survey there are more than 58000 thousand cases are pending in supreme court, more than 40 lakh cases are pending in high court and more than 2 cr cases are pending in the sub Ordinate court, this amount of unresolved case are running from many years. Due to this, we can’t have a proper judgment on time and we suffer a lot until the judgment. If we support Darul-Quza, then there is a possibility of getting judgments so early and after that, we can live our life happily.
“Now, this is the time of self-questioning and self-observation about this matter. Can this damage our uniform justice court or can support this for decreasing the number of cases. What our self-analysis says we should support this or not”.
Our constitution is all above the religions, It doesn’t discriminate Hindu, Muslim, Christian or any other religion. It’s same for all the individuals of India. So supporting this or resisting this, can it be beneficial to our Muslim brothers and sisters or not. By the name of Allah they may and may not get justice so this is our responsibility to get together again for our brothers and sisters. So that they may not get hurt anymore by anyone.