IJMA organises a workshop on ” Muslim Marriages and Essentials of Shariah”

Press Release

New Delhi – 30 September 2023: Intellectual & Jurist Muslim Association (IJMA) organized a discussion on the topic “Muslim marriages and the essentials of Shariah” at Bachhon Ka Ghar, Daryaganj, Delhi.

The program commenced with a recitation of the Holy Quran by Qari Mohammed Feroz followed by the welcome address delivered by advocate Masroor-ul-Hasan Siddiqi, vice president, IJMA.Prof. Dr. Kahkashan Yunus Danyal, Dean, Faculty of Law, Jamia Millia Islamia was the chief guest of the inaugural session. Dr. Danyal is also a distinguished member of IJMA.

Rana Parveen Siddiqui, president, IJMA conveyed her best wishes for the success of the programme .The session was chaired by Advocate JH Jafri, senior vice president, IJMA.

The introductory remarks were rendered by Tariq Farooqui, general secretary, IJMA. He mentioned a brief history of how IJMA came into being and how it brings together advocates, religious scholars, academicians, retired judges and professionals to fill the much needed gap in discourse.

Adv Tarique Farooqui  also highlighted that IJMA would be working towards mediation and solution of social problems. Mr Farooqui also remembered the founder of Hamdard Hakim Abdul Hameed statement about kahat e rejal (dearth of gentlemen) in society and hoped that IJMA would fill this gap too.IJMA in its abbreviation also means consensus, which is a source of law in Islam, he said.

The keynote speech was delivered by the guest of honour, Dr. Aleem Falaki, Director, Social Reforms Society, Hyderabad. In his address Dr Falaki focused on the cascading effect of the evils of dowry whose impact was far more than what was visible to the eye. He said that we as Muslims remember the sunnah of Holy Prophet (PBUH) in many things, but we forget the sunnah method in marriages where no financial burden must be put on the girl or her parents/family.

As per Islam, marriages must be simple. The situation has come to such a pass that dowry is not just a social evil but rather a question of survival because girls are not able to get married because of dowry pressures. Thus, destitute girls may be pushed either into prostitution or marrying outside the religious fold as they are left with no choice.

Dr Aleem quoted 122 year-old letter by poet Iqbal to Allama Kashmiri that girls will be forced to marry beyond frontiers of religion if society does not follow sunnah. He said that those remaining silent on a sin were also committing a sin.

He emphasised that we must realise our mistakes and not just talk of this evil but rather practice the virtue of not promoting this evil in any manner just as the Sahaba gave up drinking alcohol when Allah (swt) prohibited it.

Dr. Kahkashan Yunus Danyal dealt on this subject briefly but with a powerful reckoning. She said that the issue of dowry is linked with women’s rights because if girl does not get her share in the (Virasat) parental property she feels she must take as much dowry as she can.

 

She also said that property in the name of girl gives her a sense of security and so does having a high amount of Mehar. She recounted tales of destitute women who are unable to complain to their family regarding violence from their husband because they think their fathers or brothers will not support her if she asks for her share. Thus, it becomes a catch-22 situation for girls who remain in a dilemma.

Senior lawyer Shams Khwaja addressed the advocates of IJMA saying that they must acquire basic knowledge of Arabic if they wish to understand Muslim personal law better. He also said that having more knowledge of Quran was essential for advocates as the Quran in the most authentic source of Islam whereas Hadith is dependent on far more rules of construction than the holy Quran. He also said in response to a view that Zakat can only be utilised as per Quran in 7 masrafs (uses) and not for any other purpose that the Ulama must rise to the occasion through IJMA with other professionals to guide the society. He also suggested that the Supreme Court should have a personal law bench where scholars could be judges.

Raees Ahmad, advocate, brilliantly conducted the program with relevant Urdu poetry to the point and narration from Hadith of holy prophet (PBUH). He enthralled the audience with his bits on the subject from Hadith literature while sharing verses from Urdu poetry to introduce every speaker.

The chief guest and guest of honour appreciated the efforts of IJMA.
The speakers also took questions from the audience.
The program ended with a vote of thanks by Advocate Aslam Ahmed (AoR, Supreme Court) and joint secretary of IJMA. Aslam Ahmed also explained the suggestion offered by Shams Khwaja regarding the Supreme Court bench that he suggested given that under English jurisprudence, the way of looking at religious text is different from how Islamic scholars look at the same.

Under English rule, primary source takes precedence over secondary source whereas in Islam, the four sources of law i.e. Quran, Hadith, Ijma (consensus and Qayas (analogy) in so far as India is concerned are all read together. Aslam also shared his views on every speech individually and thanked all the speakers profusely as well as the audience for their time and devotion to the subject
The program ended with high tea and Asr salah in the adjoining masjid.