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| Triple Talaq is not sanctioned in the Holy Quran! |
The Indian Supreme Court, in a landmark judgment, declared the controversial practice of triple talaq to be unconstitutional on 22, August 2017. The government formulated a bill - The Muslim Women (Protection of Rights on Marriage) Bill, 2017 and introduced it in the Parliament which was passed on 28, December 2017 by the Lok Sabha.
The bill makes instant triple talaq (talaq-e-biddah) in any form — spoken, written or by electronic means such as email, SMS and WhatsApp, as illegal and void, with up to three years in jail for the husband.
The bill was tabled in Lok Sabha during the winter session and was passed without much opposition. However, in Rajya Sabha, the instant triple talaq bill has been deferred to the winter session.
What needs to be noted is that triple talaq is not even a principle of Islam. Rather it is a practice that was assumed by certain sections of Islamic theocracy.
What does the Holy Quran say?
In Islam, talaq is considered as a highly undesirable act. It’s only in rare cases, where a couple feels that their marriage is not working, that a talaq should be resorted to only as a last resort. The Holy Prophet (PBUH) said, “Of all the lawful things, divorce is the most hated by Allah (SWT).”
However, there is a proper and detailed method laid down in the Holy Quran.
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| In Islam, talaq is considered as a highly undesirable act. |
The Three Kinds of Talaq
There are three kinds of Talaq that are being practiced in the Indian Muslim society namely – Talaq-e-Biddat, Talaq-e-Hassan and Talaq-e-Ahsan.
Talaq-e-Ahsan
Under Talaq-e-Ahsan, once the husband declares talaq (in a single sentence); he has to wait for the period of iddat. Iddat (waiting period) is the duration of three menstrual cycles of his wife (three months). This waiting time is meant for reconciliation. A husband can annul the talaq any time during the waiting period. Thus, Talaq-e-Ahsan offers ample time to a couple to realize if a blunder has been committed and if there is a room for reconciliation. However, after iddat period is over, the talaq becomes irreversible.
Under Talaq-e-Ahsan, once the husband declares talaq (in a single sentence); he has to wait for the period of iddat. Iddat (waiting period) is the duration of three menstrual cycles of his wife (three months). This waiting time is meant for reconciliation. A husband can annul the talaq any time during the waiting period. Thus, Talaq-e-Ahsan offers ample time to a couple to realize if a blunder has been committed and if there is a room for reconciliation. However, after iddat period is over, the talaq becomes irreversible.
Talaq-e-Hassan
In Talaq-e-Hassan, the word ‘talaq’ is pronounced three times successively over a period of three months i.e. once after each monthly menstrual cycle of the wife. The husband can revoke his first two pronouncements in case, he realizes he made a mistake and the divorce becomes ineffective. However, once the third declaration is made; the talaq becomes final and the marriage is dissolved immediately.
In Talaq-e-Hassan, the word ‘talaq’ is pronounced three times successively over a period of three months i.e. once after each monthly menstrual cycle of the wife. The husband can revoke his first two pronouncements in case, he realizes he made a mistake and the divorce becomes ineffective. However, once the third declaration is made; the talaq becomes final and the marriage is dissolved immediately.
Talaq-e-Biddat (Triple Talaq)
In Talaq-e-Biddat; the talaq becomes effective as soon as the husband pronounces the word talaq thrice in a row or even uses impromptu methods (unknown to genuine Islamic jurisprudence) like a postcard, email or the telephone; and the marriage is dissolved immediately. Observing iddat prior to divorce is not a pre-requisite in Talaq-e-Biddat. Also known as instantaneous or irrevocable Talaq; triple talaq (Talaq-e-Biddat) does not enjoy Sharia endorsement.
Even if the husband regrets his decision in hindsight; the divorce remains irrevocable. The only way that a husband can remarry his divorced wife is if she marries another man that marriage is consummated and then the marriage ends up in divorce. This is called Nikah Halala. However, getting the wife married to another man with the sole intention of getting divorced (pre-planned halala) is considered a sin and is not sanctioned in the Holy Quran. Also, for that matter, this amount to unforgivable exploitation of women.
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| The ill-practice of triple talaq leads to unforgivable exploitation of women! |
The Origin of Talaq-e-Biddat (Triple Talaq)
According to the Sahih Muslim hadith; during the times of the Holy Prophet (PBUH) and Hazrat Abu Bakr (the first Islamic caliph); the utterance of talaq three times in one instance was considered as a single pronouncement of talaq only.
It is believed that the Talaq-e-Biddat or triple talaq came into being in the times of Hazrat Umar – the second Islamic caliph (khalifa). The number of men who pronounced talaq in one sitting gradually increased. Hazrat Umar, in a few instances, validated the utterance of talaq three times in one instant and annulled the marriage.
But he also flogged such men to curb such behaviour. However, he reinforced the proper talaq procedure again as men had begun to misuse Talaq-e-Biddat and took the proper laid down process of talaq very casually.
The annulment of marriage in such cases can’t be termed as a Sharia law. Rather it was an expedient executive order given by Hazrat Umar which he later derided.
Conditions for Appropriate Talaq
A talaq becomes invalid in case the husband is intoxicated or extremely furious while pronouncing talaq, is abnormal or has been forced to take the decision.
Talaq-e-Biddat in Indian Muslim Society
Even though NO verse in the Holy Quran validates instantaneous triple talaq, it has still found a permanent place in the Indian Muslim society.
Muslims who justify triple talaq should know that Talaq-e-Biddat was not permissible during the times of the Holy Prophet (PBUH). The ill-practice of triple talaq has been going on in India since ages and it is time to show this abhorrent practise the EXIT DOOR.
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