DRUNKEN TALAQ: HOW SOME FATWAS DISTORT ISLAM AND OPPRESS WOMEN
BY A. FAIZUR RAHMAN
This fatwa is not just bad in law but also bad in theology, as it is not based on the Quran, the locus classicus of Islam. The Deoband muftis have been honest enough to concede that their recent articulation is grounded in the Hanafi law. It is common knowledge among Muslims that the Hanafi fiqh contains many provisions that are repugnant to reason. For instance, according to Al-Marghinani’s Hedaya, one of the most celebrated treatises of Hanafi legal thought, the wife of a missing or absconding husband can remarry only after a minimum of 90 years have elapsed from the day of his birth.
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