The social and cultural bonds of any community require two things. One: a full-fledged legal system - designed to cater to the mood of its particular culture. Two: It is an institution capable of enforcing the provisions in view of the provisions in which it has been formulated. Unfortunately, Muslims in the Indian subcontinent are currently deprived of both. Undoubtedly, they have a law in the form of a book which is in complete harmony with the Islamic culture and its nature and pervades all aspects and sections of the society and culture.
But this provision has been practically repealed at present. At the same time, a law is governing its cultural activities which is totally against Islam in many aspects of society, civilization and culture. Even if a part of it is in accordance with Islam, it is incomplete.
The state system that Muslims are currently under has virtually shattered their social life. One aspect of this is that the state system has imposed on Muslims, along with other nations of the subcontinent, laws that are not at all compatible with Islamic society and culture. Under the second branch, this state system has fundamentally recognized the right of Muslims to be subject to Islamic law.
But even under this branch, Islamic law is not being implemented properly. The law that has been enacted under this branch, called ‘Muhammadi Law’, is very different from the original Islamic law in both its form and life. Therefore, its application cannot be said to have been implemented in the true sense of Islamic law.
This tragic situation is one of the most devastating damage to the social and cultural life of Muslims.
The marital relationship between men and women is basically the 'cornerstone' of human society and culture. Anyone, whether male or female, cannot go beyond the limits of the law designed to consolidate marital relations. Because at every stage of life, from childhood to old age, this provision must have an effect on human life in one way or another. If he is a child.
Then his parents' relationship will affect his upbringing and education. If he is young then his relationship with a life partner will be established. And if she is old enough, her children will keep her captive in this marital relationship. The peace of his heart and mind as well as the comfort of life will depend on a good relationship with his son-in-law and daughter-in-law.
In short, marital law is one of the most important and influential social law. Considering the fundamental importance of this provision in Islam, it has been written on very precise foundations and Muslims have got a good, complete provision in their religion regarding marital relations and it can be said to be better than the marital provisions of other religions of the world. But unfortunately this provision also fell into the clutches of the ‘Muhammadan Law’ and was so distorted that only the farthest resemblance remained between it and the original marital provision of Islam.
The current law on marital relations between Muslims in the name of Islamic law is neither fair nor meaningful nor perfect. The flaws and imperfections in this law have had such a detrimental effect on the social life of the Muslims that perhaps such a fortunate family could hardly be found in this subcontinent as no other law has been able to do so much damage.
The loss of life is just a small thing. But there is an even greater danger - the evils of this black law have eroded the respect of countless Muslims, ruined their faith and morals. The houses, which were fortified for their religion and culture, have also given rise to obscenity and apostasy in them. The disadvantages of this radical proposal are compounded by the fact that the law and the enforcement agencies have failed miserably.
The social and cultural bonds of any community require two things. One: a full-fledged legal system - designed to cater to the mood of its particular culture. Two: It is an institution capable of enforcing the provisions in view of the provisions in which it has been formulated. Unfortunately, Muslims in the Indian subcontinent are currently deprived of both. Undoubtedly, they have a law in the form of a book which is in complete harmony with the Islamic culture and its nature and pervades all aspects and sections of the society and culture.
But this provision has been practically repealed at present. At the same time, a law is governing its cultural activities which is totally against Islam in many aspects of society, civilization and culture. Even if a part of it is in accordance with Islam, it is incomplete.
The state system that Muslims are currently under has virtually shattered their social life. One aspect of this is that the state system has imposed on Muslims, along with other nations of the subcontinent, laws that are not at all compatible with Islamic society and culture. Under the second branch, this state system has fundamentally recognized the right of Muslims to be subject to Islamic law. But in practice, Islamic law is not being implemented properly even under this branch. The law that has been enacted under this branch, called ‘Muhammadi Law’, is very different from the original Islamic law in both its form and life. Therefore, its application cannot be said to have been implemented in the true sense of Islamic law.
This tragic situation is one of the most devastating damage to the social and cultural life of Muslims.
The marital relationship between men and women is basically the 'cornerstone' of human society and culture. Anyone, whether male or female, cannot go beyond the limits of the law designed to consolidate marital relations. Because at every stage of life from childhood to old age, this provision must have an effect on human life in one way or another. If she is a child, her parental relationship will affect her upbringing and education. If he is young then his relationship with a life partner will be established. And if she is old enough, her children will keep her captive in this marital relationship. The peace of his heart and mind as well as the comfort of life will depend on a good relationship with his son-in-law and daughter-in-law.
In short, marital law is one of the most important and influential social law. Considering the fundamental importance of this provision in Islam, it has been written on very precise foundations and Muslims have got a good, complete provision in their religion regarding marital relations and it can be said to be better than the marital provisions of other religions of the world. But unfortunately this provision also fell into the clutches of the ‘Muhammadan Law’ and was so distorted that only the farthest resemblance remained between it and the original marital provision of Islam.
The current law on marital relations between Muslims in the name of Islamic law is neither fair nor meaningful, nor perfect. The flaws and imperfections in this law have had such a detrimental effect on the social life of the Muslims that perhaps such a fortunate family could hardly be found in this subcontinent as no other law has been able to do so much damage.
The loss of life is just a small thing. But there is an even greater danger - the evils of this black law have eroded the respect of countless Muslims, ruined their faith and morals. The houses, which were fortified for their religion and culture, have also given rise to obscenity and apostasy in them. The disadvantages of this radical proposal are compounded by the fact that the law and the enforcement agencies have failed miserably.
One: Lack of religious education and training:-
As a result, Muslims have become so unfamiliar with the marital law of Islam that many educated people are not even aware of the general issues of the law at present. That is, throwing three divorces at the same time. Even those who write divorce papers then write three divorces.
But this is the work of bidat and serious sin of Islam. This also leads to major legal complications. If people knew that the purpose for which three divorces were granted could be achieved by granting one divorce and in this case the divorce was revoked during the waiting period and there was a chance of remarriage at the end of the waiting period, then many families would be saved from destruction. In the same way, many servants of God would be spared the crime of lying and breaking the law. It is a far cry to know in a comprehensive way, there are very few Muslims who know and understand its principles.
Even people who sit in court and settle their marriage and divorce cases are deprived of even the basic knowledge of Islamic marital law. This gross ignorance has crippled Muslims to such an extent that they are unable to follow Islamic law properly even in their marital relations.
Two: The effects of the un-Islamic social system
As a result, not only did Muslims infiltrate the marital law with a myriad of customs, meditations, and superstitions that contradicted the principles and concepts of Islamic marriage law, but at the same time the Islamic perspective of married life was completely obliterated from the minds of a large section of them. Somewhere the thoughts and attitudes of the Hindus have penetrated. The reaction is that the wife is considered a slave and the husband a lord.
Marriage can never be broken in the workplace, even if it is not in terms of beliefs. The practice of talaq and khola has become so shameful and humiliating that it is abandoned when it is needed only because it is a loss of honor and respect, although behind the scenes there is much worse than talaq and khola. So much is done that the husband never dares to divorce.
And is forced to hang the wife during disagreements. Husband worship has become part of the pride and moral duty of wives. Even in the most difficult of circumstances, he cannot simply name divorce or divorce for fear of social stigma and reproach. Even if her husband dies, it is her moral duty to chant her husband's name like Hindu women. Because the widow's remarriage is a disgrace not only to her but to her entire family.
On the other hand, the condition of the new descendants influenced by the western civilization is that just as men have equal rights over women, so do women have equal rights over them. When they reach the verse, their tone suddenly becomes low. Of course men have a special status over them. When the verse comes in front of them, they try their best to find out how this verse can be 'rejected' from the Quran.
Men are the directors of women. They offer strange interpretations of this verse. Behind this bizarre explanation, they also say that they are mentally ashamed. There are such verses in the holy book of their religion. The only reason for this is that they are terrified of the pattern that European civilization has drawn to establish equality between men and women, and they have no ability left in their heads to grasp the full, strong and logical principles of Islam on which it has established its social system.
The accumulation of such various factors has made the family life of the Muslims so misguided - why it was as good as it was in one era. Law and order enforcement agencies are now completely incapable of unraveling the complexities that have arisen in various aspects of their marital life due to the influence of foreign cultures and cultures. This inability is making these complications more complicated. Due to ignorance, a group of Muslims have fallen prey to this misconception.
These disasters have been caused by the flaws in Islamic law. Therefore, emphasis is being laid on enacting a new law. In fact, in Islam, there is a complete marital provision where the rights of husband and wife are clearly defined on the basis of justice and fairness. In order to protect this right and in case of transgression I want it.
Arrangements have also been made for the wife to file a complaint against her husband. There is no problem left which has not been solved on the basis of justice.
Therefore, there is no need for any new provision for Muslims. What is really needed is to present the marital law of Islam in its form and try to make it work properly. Of course, this is not an easy task. The first responsibility and duty is of the Alem Samaj. They will avoid the path of unwavering taqlids and will adapt the conjugal law of Islam in such a way that the present complexities of the problems of conjugal life of the Muslims can be fully resolved keeping in view the needs and requirements of the present age. Then the Muslim public should be trained in this regard. As a result, they will be able to purify their social system from all ignorant customs and attitudes.
Which they adopted from the anti-Islamic social system and they will carry out all their work accordingly by understanding the principles and concepts of Islamic law. There is also a need for an orderly and well-organized ‘judiciary’, which itself believes in this law and whose judges have also been given such training in terms of knowledge and ethics. They will implement this law not on the basis of other laws of the world, but on the basis of Islam's own motivation and ideology.
152.699 SRY