triple talaq

7/31/2019 Triple Talaq

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Of all things permitted by law, Divorce is the mosthateful in the sight of Allah: Holy Quran

In Islam, the sanctity of family life is recognized; so alsothe stubborn incompatibility between the spouses as aground for divorce; for it is intolerable to imprison such acouple in quarrelsome wedlock. While there is no rosebut has a thorn if what you hold is all thorn and no rose,better throw it away. The ground is not conjugal guilt butactual repulsion.Yusuf v. Sowramma, AIR 1971 Ker. 261


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Introduced only during the second century of Muslim eraby Ommeyad kings who had found the restraints imposedby the Prophet as interfering with their facility of talaq andthus, found an escape from the strictness of law for the

indulgence of their own caprice.


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COURTS OPINION

It is a popular fallacy that a Muslim male enjoys, underQuranic law, unbridled authority to liquidate the marriage:

Yusuf v. Sowramma, AIR 1971 Ker. 261

Triple divorce is unconstitutional as it perpetrates male

authoritarianism. Also, triple divorce is contrary to Articles14, 15 and 21 of the Constitution of India and hence void:Khlemnissa v. State of U.P.,Writ Petition No. 57 of 1993.

Though it is a natural development of the Sunni law it isthe most disapproved or sinful mode of talaq favoured by

law: Amiruddin v. Khatun Bibi, AIR 1917 All. 343 Talaq-ul-bidda is theologically improper and also improper

from the moral point of view: Sarabhai v. Rabiabia, (1903)30Bom. 537


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QURANIC PROVISIONS

- Divorced women to wait 3 months husband should take them back if theydesire reconciliation -- they have rights over men similar to what men have overthem - 2: 228;

- Pronounce divorce twice - after second pronouncement, woman to beretained in honour or released in kindness -- do not take back what you gaveher and do not transgress God's limits -- 2: 229;

- After waiting period expired, wives can be retained or released in kindness -make not your religion a laughing stock by your behaviour -- 2: 231;

- Place no obstacle to prevent women marrying their husbands if they agree,when the waiting period is over -- 2: 232;

- And for such of the women who despair of menstruation - the waiting period

is 3 months along with those who do not get it -- for those with child, theperiod is up till she gives birth -- 65: 4;

- Lodge them where you dwell - harass them not - if they are with child, spendfor them till they deliver, if they give suck - pay them and consult in kindness --if there are difficulties, let some other woman give suck - who is rich, spend -whose provision is measured, spend of Allah's provisions -- Allah ask no soul

beyond its scope - after hardship comes ease -- 65: 6


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QURANIC PROVISIONS

65: 1. O Prophet! When ye men do divorce women, divorce themat their prescribed periods, and count (accurately), theirprescribed periods: And fear Allah your Lord: and turn them notout of their houses, nor shall they (themselves) leave, except incase they are guilty of some open lewdness, those are limits setby Allah. and any who transgresses the limits of Allah, does verily

wrong his (own) soul: thou knowest not if perchance Allah willbring about thereafter some new situation.

65: 2. Thus when they fulfil their term appointed, either takethem back on equitable terms or part with them on equitableterms; and take for witness two persons from among you,endued with justice, and establish the evidence(As) before Allah.Such is the admonition given to him who believes in Allah andthe Last Day. And for those who fear Allah, He (ever) prepares a

way out


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COURTS OPINION

In Shamim Ara v. State of U.P., the Supreme Court held that thecorrect law of talaq as ordained by the Holy Quran is that talaqmust be for a reasonable cause and preceded by attempts atreconciliation between the husband and the wife by twoarbiters-one from the wifes family and the other from thehusbands and if the attempts fail, the talaq may be effected. Thepronouncement of talaq should be effective by establishing theabove materials.Shamim Ara v. State of U.P., AIR 2002 SC 3551

In fact, Talaq-ul-Biddat or talaq-i-bidai i.e. giving an irrevocabletalaq at once or at one sitting or by pronouncing it in a tuhr in a

irrevocable manner etc. runs counter to the mandate of HolyQuran and has been regarded as such by all under Islam-Sunnat-to be sinful.Rahmatullah v. State of U.P and others, 1994 (12) Luck. CivilDecision, p. 463


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With the passage of time, the things have taken a newshape, Muslim Law is facing new challenges. If it is

believed that the Muslim Law is the system which is meantfor all ages and is primarily meant for the welfare of the

human being, then it is submitted that the Courts will haveto interpret Quran and Sunnat keeping in view the

consideration of the new trends. So, though the triple talaqin single sitting is widely prevalent in our society, such un-

Islamic, unconstitutional, derogatory and arbitrarypractices should be done away with.

triple talaq

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