Showing posts with label nikah. Show all posts
Showing posts with label nikah. Show all posts

Wednesday, 6 February 2019

Woman Qazi conducts marriage: A victory in women reclaiming spaces taken up by men

Although in Islam there is nothing that stops a woman from solemnising a nikah, the practice has been mostly limited to the male domain for centuries.

Amidst news of what women can and cannot do, and diktats on their right to religious freedom with regard to traditions and culture, a Muslim couple got their nikah solemnised by a woman Qazi earlier this month. This marks another victory in women reclaiming spaces that have just been taken up by men, irrespective of what religion has to say about it.

Maya and Shamaun, a couple based in Mumbai, got their nikah solemnised by Qazi Hakima Khatoon in Kolkata on January 5. A communications consultant by profession, Maya tells me that when a few years ago she read an article stating that a woman can also be a Qazi and solemnise a nikah, something that she was not aware of like most others because it is not common practice, she and Shamaun decided that their Qazi will be a woman.

All pictures courtesy: Maya and Shamaun
Although in Islam there is nothing that stops a woman from solemnising a nikah, the practice is so uncommon that even locating a woman Qazi can be an impossible task. There have been earlier instances where a couple has asked a woman to carry out the nikah, but these instances are so rare and a woman Qazi so difficult to find that most nikahs, if not all, are conducted by men in Muslim families in India. Maya and her fiancĂ© came across the Bharatiya Muslim Mahila Andolan’s (BMMA) website and saw that the movement had trained women Qazis in Quranic and constitutional rights. They got in touch with BMMA in 2017. When asked why they chose a woman to conduct the ceremony, the couple said ‘why not’.

Maya and Shamaun’s nikah marks a new beginning for women’s rights – an ordinary Muslim woman activist, who has, after undertaking a rigorous course on rights of women in the Quran and the Constitution, been invited by a regular couple to solemnise their wedding. A practice which has been mostly limited to the male domain for centuries. “It feels nice to give another woman a platform like this, which ideally should be easily available to her anyway. It has been empowering for her and me, both,” Maya tells me.


Qazi Hakima says she cannot explain in words what it has meant for her to be approached and to be able to successfully solemnise the nikah for the couple. She is also aware that as part of her duties as a Qazi she is responsible, under the training that she has taken, to ensure that there is proof of residence and age, and an affidavit from the groom stating that he is not previously married (the marriage is not polygamous). She has to make the couple go through the Nikahnama, fix the mehr (dower) amount and ensure that it is given at the time of the nikah, has to counsel the couple and ensure that the marriage is being carried out with their full consent. BMMA has trained 16 women Qazis in Maharashtra, MP, Rajasthan, Tamil Nadu, Karnataka and Odisha.

Maya, who is half-Bengali and half-British, has a degree from the School of Oriental and African Studies, London. Owing to her belonging to a liberal household, both her family as well as her in-laws were very happy with the decision of the couple. Until the wedding happened and people started reaching out to them, they did not see their decision to choose a woman to solemnise their wedding as ‘a big deal’.


“The biggest challenge,” says Noorjehan Safia Niaz, co-founder of the BMMA, “is to get couples to come forward. We need more Mayas and Shamauns – the new age, modern, liberal Muslim men and women.”

Muslim women have long been denied rights which the Quran has guaranteed to them, because of the patriarchal norms set by society at large to keep them confined and subjugated. This is changing today when the ordinary Muslim woman is questioning the status quo and is not ready to accept customs and traditions being forced on her in the name of religion. Whether it is re-entering Haji Ali and demanding that religious spaces be easily available to all women, or fighting to ban instant triple talaq, Muslim women are the frontline warriors fighting their own battles.

Qazi Hakima and her like need to be supported so that more couples come forward to get their nikahs solemnised by them – where the mehr will not be a mere eyewash and never be asked to be forgiven, the couple will be made aware of their rights and responsibilities, underage marriages will not be solemnised, and the bride will get all her due rights as per the Quran.

(Source: TNM) 

Saturday, 19 August 2017

How maulvis take money for one-night stand with divorced women trying to save marriage

India Today's investigative team has exposed the dark side of nikah halala and found out how religious scholars are charging money for one-night stands with divorced Muslim women.

As awful as that may sound, a number of religious scholars are offering themselves up for one-night stands with divorced Muslim women trying to save their marriages under a disputable Islamic law, an India Today investigation has found.

They charge anywhere between Rs 20,000 and Rs 1.5 lakh to participate in nikah halala, a controversial practice that requires a woman to marry someone else, sleep with him and get a divorce again in order to be able to remarry her first husband under personal laws, the probe discovered.

India Today's investigative team has blown the lid off the taboo tradition that has remained largely unnoticed amid intense debates over triple talaq on the media and in the country's top court.

The probe found many Islamic scholars putting themselves up on sale for women desperate to restore their broken marriages.

At a restaurant in Ghaziabad, the undercover team first met Mohammed Nadeem, an imam at Madina Masjid in Moradabad's Lal Bagh neighbourhood.

MARRIED CLERICS READY FOR ONE-NIGHT STAND
The cleric, the investigation found, was already married. Still, he negotiated his role-play as a husband for a night with India Today's reporters posing as relatives of a divorced Muslim woman.

"Will your wife object to it?" asked India Today's reporter.

"No, no. She won't have any objection," imam Nadeem replied.

"Have you spoken with her?" prodded the reporter.

"No, I haven't spoken with her. I haven't told her. What's the need to tell her?" Nadeem shot back.
The Moradabad imam admitted he had officiated several nikah halala marriages before. This time, he proposed a package deal for the entire service, including sex.

"It's Rs 1 lakh," he demanded. Imam Nadeem guaranteed issuing divorce after spending a night with the bride for her to become eligible to go back to her first husband in accordance with the personal law.

The business of one-night grooms is widespread, the India Today investigation observed.

DELHI
At Delhi's Jamia Nagar, the team met Zubair Qasmi, a qualified maulana married with two wives. He nominated himself up for a third at the prospect of nikah halala, in exchange for money.

"I spend many nights out. It's much easier to manage this with two (wives). One would think I am with the second. And the second would think I am with the other. It's not at all difficult with two (wives)," he bragged.

Zubair Qasim based his fee on mehr - money or gift the groom pledges to his bride during Islamic marriages.

"Don't worry about anything. I'll make every arrangement. If Rs 30,000 is set as mehr, it will be either 40,000 or 50,000 (in return for participation in nikah halala). No problem in it," Qasim said.
The rot runs deep.

Next, India Today's investigative journalists visited Mohammad Mustaquim of Delhi's Darul Uloom Mahmoodia Madrasa.

Educated in Islamic studies, he was keen to do what he had done several times before -- sleeping with divorced women to consummate nikah halala.

"There was a woman in the room. I went there and had sex. Before leaving at 2-3 am, I divorced her," he confessed.


NO FORMAL MARRIAGE NEEDED?
Mohammad Mustaquim performed nikah halala even without formal marriage.

"So you have taken part in three nikah halala. You actually married on one occasion, right? The other two nikha halala were without marriage," the reporter asked.

"Without marriage," he admitted. "After sleeping with her, I left at 1 am."

Mustaquim's fee for this service included donation for his madrasa. "You'll have to pay Rs 20,000 for the madrasa. I am ready to do it for whatever amount. I have done it several times before," he said.

As India awaits the Supreme Court's judgement over triple talaq, the dangerous trapdoor of nikah halala remains wide open for divorced Muslim women, the probe noted.

THE ROLE OF CLERICS
In some cases, potential deals were found to be brokered by clerics themselves.

At Bulandshahr's Til Gaon, imam Zahir-ul-lah of Mewatian Masjid introduced India Today's undercover reporters with a prospective groom for nikah halala.

Arif, the groom-to-be, was quick to boast about his masculinity despite his old age.

"My programme is all set, today, tomorrow or the day after. I am always fit 24x7, mashallah!" he remarked. His price: Rs 25,000 for a night.

In western UP's Hapur district, the team next met Mohammed Zahid, who runs a madrasa at Sikheda village.

He marketed his services for nikah halala as a professional.

"We'll see to it. We have the men. It will be done through them. If you don't trust them, I am always available for it," he said.

"How much money in total would you like us to organise for you?" asked the reporter.

"Between 1 lakh and 1.5 lakh," he answered. "Not above Rs 1.5 lakh and not less than Rs 1 lakh."

HINDU, MUSLIM LEADERS REACT SHARPLY AFTER EXPOSE
Rising above their political differences, Hindu and Muslim leaders called nikah halala a criminal act after India Today broadcast its investigation.

They demanded that the perpetrators should be prosecuted for rape.

"This is lust. It's not permissible in Islam. This is a criminal offence committed in the name of religion," said Maulana Maqsood-ul-Hasan Qasmi, the head of the Imam Council of India. "These people should be thrown out of the mosques. They should be booked."

Zafar Sareshwala, chancellor of the Maulana Azad National Urdu university, blamed personal laws for certain regressive practices in Islam.

"These people should be put in jail and charged with rape," he said, demanding strong action against men participating in nikah halala for one-night stands. "I think the genesis of the problem lies in the Shariat Act of 1937," he insisted. Authors of the personal laws, he added, had been "millions of miles away" from the teachings of Islam.

Maulana Ansar Raza of the Gharib Nawaz Foundation called for immediate ex-communication of religious scholars offering themselves for nikah halala. "They should be beaten with shoes and thrown out of mosques. They should be charged with rape. Nikah halala is a regressive un-Islamic practice," he said. "I salute India Today for this story."

In his comments, BJP spokesman Gaurav Bhatia, himself a lawyer, underscored the need for abolishing nikah halala like the sati practice in Hinduism. "Nikah halala and polygamy, as triple talaq are regressive. Sati is abolished. So should be these practices," he said. "India Today's expose will help the civilised society to come forward for human rights and dignity."

(Source: India Today)