تحریر: محمد حسین

محمد حسین

تین طلاق پر تین سال کی سزا کا بل جب سے لوک سبھا سےپا س ہوا ہے تب سے مذہبی قائدین حرکت میں آئے ۔ حکومت نے تین طلاق پر تین سال کی سزا کا قانون بنانے کی مذموم کوشش کر کے مسلم پرسنل لا میں مداخلت کی شاطرانہ چال چلی ۔ آر ایس ایس کی پشت پناہی میں فسطائی حکومت بر سر اقتدار ہے جو یکساں سول کوڈ کے ایجنڈے کو نافذ کرنے کاخواب دیکھ رہی ہے ۔اس بل کی مخالفت میں ملک بھر میں احتجاجات جاری ہیں ۔۱۵ اپریل کو گاندھی میدان پٹنہ میں اسی سلسلے کی ایک  کڑی کے طورپر ’’دین بچاؤ دیش بچاؤ‘‘ کانفرنس  کا انعقادکیا جا رہاہے ۔ میں ذاتی طور پر ایسے کانفرنس کے خلاف نہیں ہوں ۔جمہوریت میں بہر حال ہر طبقے کو اپنی آواز اٹھانے کا حق ہے ۔لیکن جب سے تین طلاق کے مجوزہ بل کا ذکر آیا ہے تب سے  اس مسئلے میں ملت اسلامیہ کی  خود احتسابی کی ضرورت بھی شدت سے محسوس ہورہی ہے ۔

میں نے تین طلاق کے مسئلے پر اپنے ایک مضمون میں پہلے بھی لکھا تھا کہ مسلمانوں کے اس خاص شرعی  مسئلے میں سپریم کورٹ اور حکومت کی مداخلت کا راستہ خود مسلمانوں نے ہی فراہم کیا ہے ۔تین طلاق واقعی ہمارے سماج کا ایک سنگین مسئلہ بن چکا  ہے ۔اس سے انکار کی گنجائش نہیں ہے ۔شریعت میں  اگر چہ اس کے وقوع کا جواز ہے ۔لیکن دارالافتا کے مسند نشین معزز مفتیان کرام ہی زیادہ بہتر جانتے ہیں کہ دار الافتا میں طلاق سے متعلق آنے والے سوالات /استفتا میں سے ۹۰ فی صد سے زیادہ ایسے ہی سوالات سامنے آتے  ہیں جن میں شوہر  غصے میں ،معمولی کہا سنی میں اورشراب کے نشے میں تین طلاق دیتا ہے ۔ یہ شوہر کی حماقت ہی ہے جس کے باعث ایک بسا بسایا گھر اجڑ نے کےقریب ہو جا تا ہے ۔  طلاق دینے والے ایسے شوہر بعد میں عموماًپچھتاتے اور افسوس کرتے نظر آتے ہیں ۔لیکن جب دارالافتا کے سامنے یہ مسئلہ آتا ہے تو ان شوہروں  کی حماقت کے باعث  عورت کو حلالہ کے عمل سے گزرنے کا راستہ بتایا جاتا ہے ۔حلالہ  بڑا پیچیدہ مسئلہ ہے ۔حلالہ  پر اہل علم تو بحث کرتے ہی ہوں گے میں تو صرف سوال کر سکتا ہوں کہ جب شریعت مطہرہ میں طلاق سے مشروط نکاح کی اجازت ہے ہی نہیں تو یہ حلالہ (سماج میں رائج )کیوں کر جائز ہے ۔مروجہ حلالہ عموماً دیوروں سے یا کسی رشے دار سے یابسا اوقات امام اور عالم سے طلاق کی شرط پر ہی نکاح کا عمل ہوتا ہے ۔اور شب باشی کے بعد اس طلاق شدہ کو پھر سے ایک طلاق دی جاتی ہے پھر عدت کے بعد شوہر اول کے ساتھ نکاح ثانی ۔عملی طور پر حلالہ کی یہی صورت حال رائج  ہے ۔اب میرا سوال یہ ہے کہ شریعت کے بتائے ہوئے راستے کو اپنے مفاد سے توڑ مروڑ کر استعمال کرنا بھلا کیسے درست ہو سکتاہے ۔اس لیے ہم سرے سے یہ کیوں نہیں مان لیتے کہ تین طلاق واقعی ایک سنگین مسئلہ ہے ،باوجود جائز ہونے کے اس سے سماجی برائی راہ پارہی ہے ۔تو اس سماجی برائی کے خاتمے کے لیے کوئی موثر لائحہ عمل کیوں نہیں اختیار کیا گیا؟ مسلمانوں کو کیوں نہ ایک  طلاق اور دو طلاق جیسے راستے اختیار کر نے کا پابند بنایا گیا  ۔اس میں کم از کم سوچنے کا موقع تو ملتا اگر فوراً شوہر کو احساس ہو جائے کہ وہ بس غصے میں بول گیا تھا تو بآسانی رجوع کا بھی راستہ کھلا رہتا ہے ورنہ ایک خاص مدت کے بعد علاحدگی ہو ہی جاتی،حلالہ جیسے عمل سے گزرنے کی نوبت تو نہیں آتی ۔

گزشتہ سطور کی گفتگو میں میرا مطمح نظر یہی تھا کہ مسلمانوں نے خود اپنی اصلاح میں کاہلی کی اس لیے کچھ خواتین نے سپریم کورٹ کا دروازہ کھٹکھٹایا اور تب سے اس حکومت کو بھی موقع مل گیا جو برسوں سے یکساں سول کوڈ کے نفاذ کا خواب دیکھ ہی رہی تھی ۔

دین بچاؤ دیش بچاؤ جیسے کانفرنس کا  ایک  رخ یہ بھی ہے کہ ہم ایک سیکولر ملک میں رہتے ہیں یہاں فسطائی طاقتوں کے بہکاوے میں آکر اگر چہ مٹھی بھر افراد فسادات پر آمادہ نظر آتے ہیں لیکن عوام الناس کی بڑی تعداد مل جل کر رہنے میں یقین رکھتی ہے ۔ایسے میں کسی مسئلے پر ایک الگ بینر لے کر مسلمانوں کی بھیڑ اکٹھا کرنے سے فسطائی طاقتوں کو بھی موقع ملتا ہے اور وہ سیدھے سادے عوام میں یہ افواہ پھیلانے میں کامیاب ہونے لگتے ہیں کہ یہ دیکھو ایک چھوٹی سی بات پر مسلم اتنی بڑی تعدا دمیں اکٹھا ہو گئے ہیں یعنی ان میں اتحاد ہے حالاں کہ ان کی تعدا د ہندوستان میں ۱۴ فی صد ہی ہے اور تم ۷۰ فی صد ہو کر بھی متحد نہیں ہو جیسے دلتوں کے حالیہ احتجاج کے بعد دلتوں سے منافرت کا ماحول مزید بڑھا ہے ۔

اڑتی اڑاتی بات یہ بھی ہے کہ اس طرح کی بھیڑ اکٹھا کر کے اکثر مسلم قائدین کسی سیاسی جماعت کی نظر میں آجاتے ہیں اور پھر انہیں راجیہ سبھا کی رکنیت ملنے کا راستہ ہموار ہوتا ہے ۔جہاں پہنچ کر وہ ملت اسلامیہ کی نمائندگی تو بالکل نہیں کرتے ۔تین طلاق کا بل جب لوک سبھا سے پاس ہوا تو مسلم ممبران جن میں کچھ عالم بھی ہیں وہ بھی پارٹی لائن سے باہر ووٹ دینے کی ہمت نہیں جٹا پائے ۔

آخری بات یہ کہ مسلمانوں میں مسلکی انتشار ایک زمانے سے قائم ہے ۔آج تک سیاسی پلیٹ فارم پر تمام مسالک کے علما و قائدین جمع نہیں ہوپائے ۔ تین طلاق کے مسئلے میں اگر چہ دیوبندی اور بریلوی مکتب فکر کا موقف ایک ہی ہے لیکن یہاں بھی اتحاد سے کوسوں دور ہیں ۔حکومت کے خلاف محاذ آرائی میں قیادت دیوبندی مسلک کے علما کر رہے ہیں ۔ جمیعۃ علمائے ہند اور بہار کے امارت شرعیہ کے بینر تلے اتحاد ملت کا فرنٹ قائم کر کے احتجاجات ہو رہے ہیں ۔ اس لیے بریلوی علما اس احتجاج سے کنارہ کشی اختیار کر رہے ہیں  ۔آج ہی سوشل میڈیا پر  ادارہ شرعیہ سے  جاری ایک پوسٹر گردش کر رہاہے جس میں  بریلویوں کو اس احتجاج سے دور رہنے کی تلقین کی گئی ہے ۔حالاں کہ امارت والوں نے بریلوی مکتب فکر کے ماننے والوں کی حمایت حاصل کرنے کے لیے مولاناعبید اللہ خان اعظمی کو اپنے ساتھ بلا لیا تھا اور مولانا اعظمی نے حمایت کا اعلان بھی کر دیا لیکن اس پوسٹر میں مولانا اعظمی کی بھی تردید کی گئی ہے ۔

حاصل کلام یہ کہ  دین بچاؤ دیش بچاؤ کانفرنس اپنوں اور بے گانوں کے درمیان تنازعات اور شک کے دائرے میں گھر گئی ہے ۔اب  دیکھنا یہ ہے کہ مجوزہ بل راجیہ سبھا سے بھی پاس ہو کر قانون کی شکل اختیار کر لے گا یا مسلمانوں کے ان احتجاجی مظاہروں کو اہمیت دیتے ہوئے   ممبران پارلیمنٹ اس بل کی مخالفت میں ووٹ دے کر اسے قانون بننے سے روک سکیں گے ۔

 

 

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