Friday, June 18, 2021
HomeEditorial‘Triple talaaq’: A cruel form of divorce

‘Triple talaaq’: A cruel form of divorce

The Allahabad High Court Bench says Muslim personal laws in the country are contrary to teachings of Quran and the Prophet. Constitution is supreme over personal laws of any community. Triple talaaq or the practice of Muslim men getting an instant divorce by saying ‘talaaq’ thrice is ‘cruel’ and a monstrosity, the Allahabad High Court had said in a strong observation that echoes the stand taken by the central government in the Supreme Court recently. The view that “the Muslim husband enjoys an arbitrary, unilateral power to inflict instant divorce” does not tie in with Islamic laws, the court said in remarks made last month but put out online only now. This is the first attack and intervention by judiciary in this on-going debate.

Muslim religious leaders and other political parties, without politicizing the issue, should accept the truth that it is not fair for a man to say ‘talaaq’ thrice over the phone and a woman’s life to be ruined. This issue shouldn’t be politicised, such discussions on Triple Talaaq would keep women “bereft of their rights”. Women’s rights are a development issue. The debate should be between Muslims who want reforms and those who do not want it. Though, this thought is noble and if followed wholeheartedly without making it a political stunt, one must come forward and get ready for the change. Or there is another way too, all those Muslims who advocate triple talaaq and oppose change, should be treated by Sharia law, and just pass a law that all Muslim criminals will be punished according to this law. All Muslims arrested will not be prosecuted under Indian Penal Code but they will be tried by a Sharia court separately conceived by state and central government.

Every city, district in every state should have a Sharia law centre that’s a court with its head judge appointed by the concerned state.

All Muslims arrested for any crime should be presented in such courts and punished according to Sharia at that very moment of crime without any delay e.g. a rapist should be buried half in the mud and stoned by public to death. A thief should have his hands amputated there on. A murderer should be hanged publicly on a tree. All Muslim bank accounts should be made interest free that’s they should not receive any interest on deposits, according to Sharia. Haj subsidies should be abolished according to Sharia. All Muslim men should be debarred from consuming alcohol and tobacco products. They should not be allowed in music concerts, theatres and debarred from any means of recreation or entertainment. Why follow Sharia with a half heart, let’s make them follow it with full support those who don’t adhere to Sharia should be lashed 100 times and then let off.

Earlier, Prime Minister Narendra Modi had assured justice would be delivered to Muslim women under the Constitution regarding the issue. It is the responsibility of the government and people of the country to deliver justice to Muslim women under Constitution. It’s high time this religion needs reform and I am happy if government and judiciary is committed to bring some change to their lives, but again this should not be limited to Uttar Pradesh election campaign. Even BJP should deliver what they promised to the people, they should work for citizen’s welfare. Muslim man cannot divorce his wife simply by repeating “I divorce you” three times. It is a controversial practice called the “triple-talaaq.” Quran has very categorically specified certain things about Talaaq, it says “the divorce is not seeks as an when man wants in certain criteria but once you said Talaaq, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mehr (bridal money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mehr or a part of it) for her ‘Al-Khula’ (divorce). These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the Zalimun (wrong-doers, etc.). And if he has divorced her for (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge Explanation in simple words: If a man divorces his wife the second time, he can either marry her again or leave her in good terms. The man cannot ask his divorced wife her ‘mehr’ back. If a woman divorces her husband, then the wife can give back her ‘mehr’ to the divorced husband. If a man divorces his wife the third time, he cannot marry her again (because marriage is not a joke that a man just keeps divorcing and remarrying his wife again and again). If the wife marries a second husband after divorce, and the second husband divorces her, only then can the first husband marry her again. What Triple Talaaq is not?

A man saying ‘talaaq, talaaq, talaaq’ is not the Islamic way of doing Talaaq, because unless the woman has passed her Iddat period (3 menstrual cycles) the man and woman can still come back, and the talaaq will be considered null. Every religion has its way of expressing and bifurcating its definitions to certain values, but in modern India, when religion is followed half-heartedly, it’s better to follow constitution and move towards progress.

 (Any suggestions, comments or dispute with regards to this article send us on feedback@afternoonvoice.com)

Dr. Vaidehi Tamanhttp://www.vaidehisachin.com
Dr. Vaidehi is an Investigative Journalist, Editor, Ethical Hacker, Philanthropist, and an Author. She is Editor-in-Chief of Newsmakers Broadcasting and Communications Pvt. Ltd. Since 11 years, which features an English daily tabloid – Afternoon Voice, a Marathi web portal – Mumbai Manoos, monthly magazines like Hackers5, Beyond the news (international) and Maritime Bridges. She is also an EC Council Certified Ethical Hacker, Certified Security Analyst and is also a Licensed Penetration Tester which she caters for her sister-concern Kaizen-India Infosec Solutions Pvt. Ltd.

Most Popular

- Advertisment -