Fasq to get out of cruel marriages for Muslim women

Kozhikode: Muslim women in Malabar, who were at the receiving end as far as divorces were concerned, are now giving the men  a taste of their own medicine through ‘Fasq.’

If men could end an alliance through ‘triple Talaq,’ the educated  and employed women  these days are increasingly resorting to ‘Fasq’ which allows the wife to get the marriage annulled  with the help of an Islamic jurist  even if the husband is against it.

The woman opting for it has to publicise her plan  to seek divorce, and most women give ‘Fasq’ ads in newspapers, say community leaders.

A Muslim husband has the right to divorce his wife by telling the word ‘Talaq’ thrice (triple Talaq) in a single sitting.

The women can also get divorce as per Islamic law by paying compensation, usually monetary, to the husband with mutual consent.

‘Fasq’ is executed under conditions like continuous absence of husband, mental illness and failure in catering to the emotional and physical needs of the woman.

“The provision has helped many women like me to come out of a tortuous marital life,”  said Subaida  of Ramanattukara, who was married at the age of 18 when she was a student and   opted for ‘Fasq’ after four years. “My husband did any jobs and lived a free life.  I had to run the family and  feed the children and the husband with my  hard-earned money. He used to beat me daily  for silly  reasons,”  said Subaida.   In her thirties now, she married another man and lives a peaceful life.  

 The same is the case with Faseela (name changed) of Sulthan Bathery. “It was an ordeal for me to bring up my children as my husband had another wife and never cared for my emotional and  family needs,”  she said. “He visited me during his vacation for a few days and spent most of the time with the other wife and children. I later opted for divorce through ‘Fasq’ with the help of my new husband,”  she added.  

 “We are worried over the increasing trend among educated women to  opt for ‘Fasq’ to end the marriages,”  said Dr Fazal Ghafoor, president, Muslim Educational Society. “I know many such cases,”  Dr Fazal said and added  that a recent meeting of MES high-power committee had discussed the issue and  decided to assign an agency to conduct a survey.
“We have also plans to organise an opinion survey among senior students of our colleges on the trend,”  he said.

“The  ‘Fasq’ advertisements appear regularly  in certain newspapers,”  said V.P. Suhra,  founder of NISA, a city-based progressive women’s organisation. “Earlier, women were dependent on the family and husband and were suppressed. Those days are over,”  she said.    

“Such divorces would be valid only if the woman later seeks legal remedies in tune with  judicial procedures,”  said lawyer C.K. Zeenath, leader of  Punarjani, an organisation of women advocates.   
“The Gulf-rich men  found it difficult to live with  the ‘old’ wives  and looked for younger ones. They ended the marriages by offering a share of the riches to the wife. This also has led to an increase in Fasq,”  said Thajudheen Moulavi, another scholar. “The husband through mediators persuade  the wife to strike a deal as ‘triple Talaq’ is  considered by elite Muslims as a crude form of divorce,” he said.           

Religious scholars do not agree that ‘Fasq’ divorces are increasing. “It was  in vogue as per the  Islamic law and many women have been opting for  it,”  said Kottumala Bappu Musaliyar, general secretary, Samastha Kerala Jamiyyathul Ulama, a  body of Sunni scholars.  “Even though the man is against  divorce, the woman can win a forced separation, but through mutual agreement,”  he said. “A public notice is mandatory for the process,”  he added.

‘Fasq’ is allowed when  other  religious forums fail to sort out the family issue, said  Islamic scholar Dr Hussain Madavoor.  “Islamic law has provisions that allow  the woman to get separated from her husband if life becomes difficult,” he added.