Triple Talaq – Yesterday and Today

Triple Talaq - Yesterday and Today

Recently, there have been many cases related Triple Talaq law in India, many of which have also been the talk of the town due to the media spotlight provided to some of them. As we all know that Islam is one of the oldest religions of the world and majority of the world population follows Islam after Christianity. The laws around kinship, succession, marriage or divorce are all prescribed under the Holy book of Muslims, the Kuran as well as the various volumes of Hadees. Though, the laws mentioned in the book is misinterpreted by many Muslim scholars today and hence has become a topic of criticism mainly due to the custom of polygamy and Triple Talaq. Even though, the holy book has clearly mentioned that Talaq or divorce should be avoided until and unless it is impossible to stay in the bond of marriage or take it forward. The mean of Talaq is dismissal. But, literally it means setting free, or breaking ties or restraint or letting loose. In the law of Sharia, it means freedom from bondage of marriage only and not any other bondage. Well., legally it means marriage dissolution using appropriate words as per the Islamic law. In Islam there talaq has two forms –

1. Talaq-ul-Sunnat
a. Talaq – ul – Ahsan
The is by far the most relevant form of dissolution of marriage because there is a waiting period called Iddat that is provided to the couple wherein they can revoke the announcement within the expiry date and the word Talaq being considered an evil one has to be uttered only once.

b. Talaq – ul- Hasan
This procedure of dissolution of marriage is done as per the holy Quran and Hadees laid down by Prophet Mohammad. As per this mode, the couple can revoke marriage before the end of three Tuhrs, viz time period between two menstrual cycles. The man has to pronounce the word Talaq at the end of every Tuhr and hence, they do get time for revoking their decision.

2. Talaq – ul – Biddat
The holy Quran and Prophet Mohammad have hold marriage as a sacred union and the parties have to undergo reconciliation before divorce. Apparently, as per the holy book and Prophet Mohammad one of three things important for happiness is a righteous wife and also that the bond of marriage and that the bond with wife should be kept intact. While Biddat means innovation, Prophet Mohammad has also said that innovation that is not in agreement of Islam or holly Quran is not permissible. However, the worst part of Talaq-ul-biddat is that it allows a person to dissolve his marriage just by uttering the word Talaq three times. This is also against the Holy Quran statement which says that Men would have to wait till Iddat or period of waiting was completed hence not approve worthy. Well, Talaq-ul-Biddat came into existence during the reign of Caliph Umar in the second century of Islamic Era. He enforce the Triple Talaq mode that too in order to avoid hassles as it was the need of those times. The practice of it had started as a form of convenience by the Arabs who were on the world conquering spree during the era of Caliph Umar. After conquering parts of the Gulf, the Arabs would bring along male and female slaves to Mecca and Madina. The females were very attractive and the Arabs wanted to marry them but the law did not allow irreconcilable divorce. Hence, in order to satisfy their own wants the law of triple alaq at one go was enforced so that they could remarry. This law is said to come into practice from these times.
Recently there was a historic hearing for around six petitions as well as a suo motto PIL that challenged the validity of nikahhalala as well as triple Talaq in Muslims. The Supreme court state during the hearing that it would primarily find out whether the practice was Islam fundamental. If it is then, they would not interfere there. Secondly, if triple Talaq was sacramental and can be enforced as a fundamental right was the other aspect which they would look into.

They also stated that the law was not on any side. It was meant for the equality of the genders as they were on the side of gender justice and women equality. As they believed that Triple Talaq was definitely against the dignity of women, irrespective of religion, they would include triple Talaq in the gender justice issue.

*Source from the Internet