Egyptian clerics’ support for triple talaq may embolden such voices in India

NEW DELHI: The pronouncement of the Al-Azhar seminary in Cairo, seen as an authoritative voice in the Islamic world, that triple talaq has been undisputed since the era of the Prophet can play into the debate in India over the controversial method of divorce among Muslims.
The council of senior clerics in Cairo has unanimously ruled that verbal divorce which “meets all requirements” has been an "undisputed" practice and rejected Egyptian President Abdel -Fattah el-Sissi's suggestion for a legislation to ban the tradition.
In the backdrop of the legal challenge to triple talaq in the Supreme Court in India , the Al-Azhar view can arm religious conservatives defending the practice and help them argue that it is in conformity with Sharia.
According to reports, senior clerics at Al-Azhar, in a carefully drafted statement, said, “The man should document the verbal divorce immediately to serve the rights of the divorcee and children.”
Amid the chorus of women organisations demanding that triple talaq must be abolished and the issue be treated as one of gender justice , the ruling is a recent example of conservative Sunni thought.
While minority organisations don’t see this ruling having an influence on the debate in India, they continue to drive home the point that triple talaq in one go is considered as divorce in Islam. They also don’t feel the need to do away with the practice and choose to suggest only awareness against the practice among Muslims as a solution.
When contacted, Jamiat Ulama-i-Hind’s president Maulana Arshad Madani reinforced that “triple talaq in one go is considered to be very bad but if a man resorts to this, it cannot be denied that divorce has happened.” “The personal law has existed for hundreds of years and we will not accept any law that will interfere with what is in keeping with Islam,” Madani said.
All India Muslim Personal Law Board member Kamal Faruqui too is clearly against any government “interference” with Muslim personal law. “There is a proper process of divorce for triple talaq in the Muslim personal law wherein there is gap period between each talaq pronounced by the man. In Islam, marriage is a contract and so when the contract is formalised by way of Nikah, both sides can suggest how they would want their separation to happen if it does,” Faruqui said.
National Federation for Indian Women (NFIW) general secretary Annie Raja warned against politicisation of triple talaq which, she said, is about gender justice. She emphasised, "It is important to ensure that the rights of a woman and child must be secured in case divorce happens. Triple talaq in one sitting should be abolished with immediate effect. Anyone pronouncing or supporting it should be treated as instigating domestic violence.”
Noorjehan Safia Niaz from Bharatiya Muslim Mahila Andolan along with other activists under the banner of New Age Islam Foundation reiterated on Wednesday their demand for codification of Muslim personal law based on Quran. “Muslim women also should get the right to divorce and polygamy should be abolished. We look upon the legislature and judiciary to intervene,” Niaz said.