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Muslim groups get together to discuss divorce laws

D Jose in Trivandrum

The move by a group of divorced women in north Kerala to fight misuse of the provisions governing divorce ( talaq) under the Muslim Personal Law has received an impetus, with two Sunni factions planning to engage in a dialogue on the matter.

Scholars belonging to the two factions, headed by E K Abubacker Musliar and Kanthapuram A P Abubacker Musliar, will meet in Malappuram district on Thursday to discuss measures to be taken to prevent the increasing misuse of talaq provisions.

Muslim scholars and intellectuals view the meeting of minds as a very progressive step. They feel that if the two factions could reach a consensus on the issue, that would be a revolutionary step in the history of Muslims in Kerala.

Both factions were spurred into action after contradictory stands were adopted by two groups of Muslim religious scholars over the divorce case of P M Musthafa and Ramila of Malappuram.

Mustafa, who had delivered talaq to his young wife six months ago, repented later and expressed his desire to reunite with her.

He sought forgiveness of the Chemmalasseri mahal, in which the talaq was registered, and permission to get back to Ramila. But the committee said the religious laws did not provide for such a relationship.

Mustafa, who was desperate to get his wife back, approached Cherusseri Sainuddin Musliar, a Muslim scholar, who issued a fatwa that allowed the divorced couple to live together. However, the mahal committee issued another fatwa stating that the relationship was null and void. The couple was living together secretly till the conflicting fatwas kicked up a controversy.

Though scholars feel talaqs are being misused, there is no unanimity among them about ways to prevent it. Professor N A Kareem, former pro vice-chancellor of the Kerala university, said at Trivandrum that talaqs pronounced three times together were invalid. He said that sufficient time should be allowed between each time it is said.

Kareem told Rediff on the Net that many local mahal committees were ignoring this provision, since the persons opting for talaqs are often influential.

He said that two factions' decision to begin a dialogue on the issue was a welcome step. He said that it was gratifying to note that the initiative has come from Sunnis, who are considered more reactionary of the Muslims in Kerala.

Kareem said the Shariat allowed talaq under strict conditions but many in Kerala were misinterpreting and misusing the provision. Even in Muslim countries like Pakistan where Shariat laws are in place, divorce laws have been made tougher. He said that it was significant that enlightened thinking was spreading in Malabar, the Muslim bastion of Kerala.

Civil rights activist and advocate Pouran also welcomed the move. He said the initiative was part of a move by a group of divorced Muslim women to question the misuse of talaq provisions. The divorced women had formed an association called 'Nisa' to fight growing misuse of Muslim personal law.

Conservatives condemned the movement, spearheaded by V P Suhra who was divorced twice. The reactionary groups even attacked the civil rights activists when the latter met at Calicut last year to discuss changes in the Muslim personal law.

The divorced women have been actively campaigning for changes in Muslim personal laws since they felt the provisions involving divorce were against the Shariat laws. The fundamentalists have dubbed the initiative as an attempt to tamper with the Shariat, which they hold sacred.

Nisa is planning to organise a convention to discuss the issue, according to Pouran. He said several educated women in north Kerala to assert their rights and cited the caste of a woman who fought hard to get married to another Muslim under the Special Marriage Act.

It took the intervention of the Kerala high court to get the marriage conducted on February 22 despite stiff opposition from the conservatives.

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