Islamic scholars Maulana Tabrez Alam Qasmi and Dr Raziul Islam Nadvi have called upon Muslims to solve their marital conflict through Sharia laws based on the teachings of the Quran and Sunnah(traditions) of the Prophet to bring peace within families and in society.
By Sumaiya Juned Ahmed
NEW DELHI: What are the causes of the marital conflicts taking place in today’s society, particularly in the Muslim community? And what are its solutions based on the teachings of the Quran and Sunnah(Traditions) of the Prophet? These were the questions that were raised by speakers during a discussion on ‘Resolution of Family Disputes in the Realm of Sharia Law’ organized at the Jamaat-e-Islami Hind (JIH) headquarters here on Saturday last.
Maulana Tabrez Alam Qasmi, convenor of the Darul Qaza Committee (Islamic Court Committee) of All India Muslim Personal Law Board (AIMPLB), in his address, said there are two major issues for marital unrest among Indian Muslims. One: A shift in perception about marriage, particularly among the educated class, who view marriage only as a contract or temporary relationship, also called “situation-ship”. This view eliminates the Islamic understanding that a spouse is not just a companion but part of one’s being.
Another reason for the marital dispute, he said, is that spouses tend to assert their rights while avoiding performing their duties. Asserting one’s rights without fulfilling responsibilities results in a kind of imbalance between the spouses that causes friction in the relationship.
Offering solutions to the martial disputes, Maulana Qasmi pointed out that Sharia, the Constitutional law of Islam, emphasizes fulfilling responsibilities as the foundation for a harmonious family life, and a dispute among the spouses arises only when this balance is disturbed.
Speaking about the role of Darul Qaza in resolving family disputes, Maulana Qasmi said that Darul Qaza in India had played a crucial role in the reconciliation and restoration of peace within families, often resolving issues amicably through counselling and mutual understanding.
Darul Qaza run by AIMPLB is not recognized by the government and its verdicts are not enforceable through state agencies as is the case with the enforcement of verdicts of regular courts. Darul Qaza takes up cases when both parties agree that they will accept the decision of the Darul Qaza and would not challenge it in a regular court. According to Maulana Qasmi, Darul Qaza simply works on the moral authority of faith as it does not have the legal mechanisms to enforce its rulings as any regular court of the land does.
“But still, 99% of cases of Muslims settled in Darul Qaza speaks volumes about the power of faith in our community,” he said.
He clarified that Darul Qaza does not work as a parallel judicial system but rather as an auxiliary one lowering the burden of cases on regular courts.
The Darul Qaza all over India has so far handled 5,000 cases.
Narrating about a success story, he said that a woman wanted separation but her husband did not want to divorce her. The matter was settled amicably as per Sharia law when the case was referred to the Darul Qaza and the woman was able to remarry as per her wishes.
He said that the performance of Darul Qaza could improve further if it was given the powers of enforcement for its verdict like the regular court.
In his presidential address, JIH national secretary Dr. Raziul Islam Nadvi, who also happens to be secretary of JIH’s Sharia Council, informed that the Sharia Council runs two important programmes: pre-marriage and post-marriage counselling. Both programmes educate the husband and the wife about their rights and responsibilities to create a stronger and more cohesive marriage.
Dr. Nadvi added, “We have established centres with scholars, teachers, psychologists, and women counsellors throughout the country to guide families through difficult times.”
Quoting from the Quran, Dr Nadvi said that an amicable solution could be found to the marital dispute if the husband and his wife are sincerely interested in reconciliation.
Both scholars – Maulana Qasmi and Dr. Nadvi – called upon the people to resolve marital disputes within the parameters of the Quranic injunctions rather than taking their disputes to the regular courts. “We must strive to find a resolution to our disputes in ways that respect our traditions and tenets,” said Dr. Nadvi, emphasizing the message that submission to Sharia or Constitutional laws of Islam is not only a religious necessity but also a road to social peace.
