Women Qazi Training Institute: Darul Uloom Niswaan

Bharatiya Muslim Mahila Andolan is happy to announce the formation of Darul Uloom Niswaan [DUN], a centre for Islamic learning and theology. As part of the initiative, DUN has begun the training of women qazis. The initiative began in Jaipur with a group of 30 Muslim women who have embarked on the journey to become qazis. The training programme in Jaipur is the first in the series of a year long training which will include learnings on theology, history of Islam, Constitution of India, principles and values of Islam, schools of jurisprudence etc. Further training modules through the year will focus on many other important topics like gender equality in Islam, family laws on other countries etc.

The need to set up the DUN has been felt as a qazi plays an important role in society. They not only solemnise marriages they also validate divorce. BMMA has observed in its last ten years of work across different states that owing to ignorance about Quranic injunctions there is widespread practice of triple talaq and halala in spite of there being no Quranic sanction. The qazi’s role becomes important in order to put a halt to triple talaq and halala. Our experience suggests that majority of qazis validate unilateral triple divorce which is in violation of Quranic injunctions. Some qazis play a dubious role in furthering barbaric practices such as halala. Our two research reports bear out testimony to how muslim women suffer owing to these unIslamic practices. We feel that more and more women qazis who are trained about Islamic teachings and gender justice principles are the need of the hour. Besides, there is no bar on women qazis as per the Quran. It was felt by thousands of women that women qazis can provide a solution to these ills which afflict our society.

A lot of legal problems faced by Muslim women today can be prevented if the Qazi plays his/ her role with responsibility. Womens Qazi trained by DUN will ensure that underage marriages do not take place, that man is not able to undertake second marriage in the subsistence of the first, that the residence proof of man and his source of income is ascertained before he enters into a marriage contract. Women qazis will ensure that the mehr amount is received by the bride at the time of nikaah and that both the parties are entering into the marriage alliance out of their free will and not by force or fraud. These preventive measures which even a male qazi can take are not being taken which results in a lot of hardship for the women. Male qazis approve of oral divorce and in fact encourage the Muslim men to unilaterally divorce his wife. They also approve of muta marriages where young girls are duped into entering temporary marriages. This malaise which has rendered so many muslim women homeless and destitute will be curbed if women who are trained in Islamic values of gender equality and gender justice become qazis. The idea of DUN was born following this.

 

By the end of 2016 through the DUN we hope to have close to 30 women passing out as qazis and annually thereafter. 30 women from across different states such as Maharashtra, Gujarat, Rajasthan, MP, Tamilnadu, Karnataka, Bihar, West Bengal, Odisha have so far undertaken two modules of three-day each. They have been given basic grounding in Quranic injunctions pertaining to marriage and family, personal laws in muslim countries, Constitution of India, basics of Indian and global jurisprudence pertaining to gender justice and equality etc. Apart from this they have been trained in preparing elaborate nikahnama, conducting a nikah  and divorce procedures as per the talaq-e-ahsan method found in the Quran. This initiative is part of the larger feminist movement in the Islamic world initiated by women activists and scholars who have taken upon themselves the task of presenting to the world a humane, just and peaceful face of Islam which today has been usurped by the conservative and dogmatic religious bodies who do not believe in gender equality and human rights.

Noorjehan Safia Niaz & Zakia Soman

Co-founders, BMMA

& Trustees, DUN

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9 Comments Add yours

  1. Arifa Bijali says:

    Indian Muslim women and her social status in Indian Muslim society

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  2. Masood says:

    Luks like both of you with little knowledge of deen and further little understanding of deen are creating fitna by DUN.
    Your nefarious designs and plans will be proved unsuccessful b Allaah for he is the best of planners.

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  3. Imran says:

    My sister is facing same issue with triple talaq and she is now stiing in my house , is there a possiblility you can help us on this ..if yes please contact me on ishaikhdba@gmail.com

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  4. wAZIR kHAN says:

    In view of petition in SC about triple talaq, I would like to draw your attention on following verses of Quran, if MPLB is claiming that it is based on Quran:

    DIVORCE PROCEDURE ACCORDING TO QURAN
    (p) = Plural, (f) = Feminine Gender

    SENSELESS SWEARING HAS NO MEANING

    2:225 Not will take you (p) to task Allah for (what is) unintentional in your (p) oaths, [and] but He takes you (p) to task for what (have) earned your (p) hearts. And Allah (is) Oft-Forgiving, Most Forbearing.

    RESOLVE WITHIN 4 MONTHS OR DECIDE FOR DIVORCE

    2:226 For those who swear (off) from their wives (is a) waiting (of) four months, then if they return – then indeed, Allah (is) Oft-Forgiving, Most Merciful.

    2:227 And if they resolve (on) [the] divorce – then indeed, Allah (is) All-Hearing, All-Knowing.

    FIRST STEP TO APPOINT ARBITRATION FOR RECONCILIATION

    4:35 And if you (p) fear a dissension between (the) two of them, then appoint an arbitrator from his family and an arbitrator from her family. If they both wish reconciliation, Allah will cause reconciliation between both of them. Indeed, Allah is All-Knower, All-Aware.

    4:128 And if a woman fears from her husband ill-conduct or desertion, then (there is) no sin on both of them that they make terms of peace between themselves – a reconciliation and [the] reconciliation (is) best. And are swayed the souls (by) greed. But if you do good and fear (Allah), then indeed, Allah is of what you do All-Aware.

    RECONCILIATION POSSIBLE IN WAITING PERIOD

    2:228 And the women who are divorced shall wait concerning themselves (for) three monthly periods. And (it is) not lawful for them (f) that they (f) conceal what (has been) created (by) Allah in their wombs, if they believe in Allah and the Day [the] Last. And their (f) husbands (have) better right to take them (f) back in that (period) if they wish (for) reconciliation. And for them (f) (is the) like (of) that which (is) on them (f) in a reasonable manner and for the men over them (f) (is) a degree. And Allah (is) All-Mighty, All-Wise.
    TWO PERSONS SHOULD WITNESS THE RETENTION OR SEPARATION AT END OF WAITING PERIOD
    65:2 Then when they (f) have reached their (f) term, then retain them (f) with kindness or part with them (f) with kindness. And take witness two men just among you (p) and establish the testimony for Allah. That is instructed, with it, whoever [is] believes in Allah and the Day the Last. And whoever fears Allah; He will make for him a way out.

    RECONCILIATION POSSIBLE TWO TIMES & NO RECONCILIATION AFTER THIRD DIVORCE UNLESS SPECIFIED CONDITION MET

    2:229 The divorce (is) twice. Then to retain in a reasonable manner or to release (her) with kindness. …….

    2:230 Then if he divorces her, then (she is) not lawful for him from after (that) until she marries a spouse other than him. Then if he (second husband) divorces her then no sin on both of them if they both return to each other if they both believe that they both (will be able to) keep (the) limits (of) Allah. And these (are the) limits (of) Allah. He makes them clear to a people who know.

    COMMUNITY / AUTHORITY SHOULD NOT HINDER RECONCILIATION AFTER DIVORCE

    2:232 And when you (p) divorce [the] women and they (f) reached their (waiting) term, then (do) not hinder them (f) [that] (from) marrying their husbands when they agree between themselves in a fair manner. That is admonished with it whoever [is] among you (p) believes in Allah and the Day [the] Last; that (is) more virtuous for you (p) and more purer. And Allah knows and you (do) not know.

    PRESENCE OF THIRD PARTY IN DIVORCE & NIKAH PROCEEDINGS

    4:35 And if you (p) fear a dissension between (the) two of them, then appoint an arbitrator from his family and an arbitrator from her family. If they both wish reconciliation, Allah will cause reconciliation between both of them. Indeed, Allah is All-Knower, All-Aware.

    2:229 …… And (it is) not lawful for you that you take (back) whatever you have given them (f) anything, except if both fear that not they both (can) keep (the) limits (of) Allah. But if you (p) fear that not they both (can) keep (the) limits (of) Allah then (there is) no sin on both of them in what she ransoms concerning it. These (are the) limits (of) Allah, so (do) not transgress them. And whoever transgresses (the) limits (of) Allah then those – they (are) the wrongdoers.

    [Please note that when Allah addresses the couple He uses dual pronoun which is translated by adding word “both”, while underlined pronoun “you” is plural which gives allusion of presence of third party, like authority designated for proceedings by community or Government.]

    2:237 And if you (p) divorce them (f) from before [that] you (p) (have) touched them (p) while already you (p) have specified for them (f) an obligation (dower), then (give) half (of) what you (p) have specified, unless [that] they forgo (it) or forgoes the one in whose hands (is the) knot (of) the marriage. And that you forgo, (is) nearer to [the] righteousness. And (do) not forget the graciousness among you. Indeed, Allah of what you do (is) All-Seer.

    [Note that verse clearly shows that one who preside the marriage is the one also presiding to decide the return of dower in case of divorce.]

    65:1 O Prophet! When you (p) divorce [the] women, then divorce them (f) for their (f) waiting period, and keep count (of) the waiting period, and fear Allah, your Lord. (Do) not expel them (f) from their (f) houses, and not they (f) should leave except that they (f) commit an immorality clear. And these (are the) limits (of) Allah. And whoever transgresses (the) limits (of) Allah then certainly he has wronged himself. Not you know; Perhaps Allah will bring about, after that, a matter.

    [Note that here Prophet is addressed as presiding authority for not only divorce decrees, but also an authority to keep count for waiting period.]

    MAINTENANCE PROVISION FOR DIVORCED WOMEN

    2:241 And for the divorced women, (is) a provision in a fair manner – a duty upon the righteous.

    2:242 Thus makes clear Allah for you His Verses so that you may use your intellect.

    EITHER HUSBAND OR WIFE CAN INITIATE DIVORCE PROCEEDING

    4:35 And if you (p) fear a dissension between (the) two of them, then appoint an arbitrator from his family and an arbitrator from her family. If they both wish reconciliation, Allah will cause reconciliation between both of them. Indeed, Allah is All-Knower, All-Aware.

    4:128 And if a woman fears from her husband ill-conduct or desertion, then (there is) no sin on both of them that they make terms of peace between themselves – a reconciliation and [the] reconciliation (is) best. And are swayed the souls (by) greed. But if you do good and fear (Allah), then indeed, Allah is of what you do All-Aware.

    4:129 And never will you (p) be able to deal justly between [the] women even if you (p) desired, but (do) not incline (with) all the inclination and leave her (the other) like the suspended one. And if you (p) reconcile and fear (Allah) then indeed, Allah is Oft-Forgiving, Most Merciful.

    4:30 And if they both separate, Allah will enrich each (of them) from His abundance, and Allah is All-Encompassing, All-Wise.

    58:1 Indeed, Allah has heard (the) speech (of one) who disputes with you (Prophet) concerning her husband and she directs her complaint to Allah. And Allah hears (the) dialogue of both of you. Indeed, Allah (is) All-Hearer, All-Seer.

    References: 1) http://www.islamawakened.com/index.php/qur-an
    2) http://corpus.quran.com/wordbyword.jsp

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  5. Ayub khan says:

    Aap ne Haji Ali dargah par jo mahilaao ko adhikar dene ka shukriya
    Hazarat peer manav seva trust ki taraf se mubarakbad dete hain 9310341847

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  6. sameer khan says:

    I m muslim Contact me on 9004626204 ..i m facing problem

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  7. sameer khan says:

    Muslim divorce problem

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