Amina Khatoon, Patna, Bihar says: April 9, 2013
Imran (read Muslim boys) you have deeply felt the problems of our muslim sisters. It is 100% fact that one side Talaq is biggest problem in my religion. When Shaitan enter in muslim man only then he say three times TALAQ. So Allas says that one sided TALAQ in islam is illegal. Allah tells that TALAQ is valid only if both husband and wife say three TALAQ simultaneousely. Still if man say TALAQ, TALAQ, TALAQ and his wife should hit three times by shoe on his mouth then Talaq automatic returns back inside her husband.
So it is request from my sisters that whenever Shauhar say Talaq, talaq, talaq then hit on his mouth my shoe three times and got free from talaq given by Shaitan Husband. By hitting three times by Shoe shaitan go out from that Shauhar and he further never dare to say TALAQ, TALAQ, TALAQ. Allah says that this is the only way to protect our sisters from Shaitan husbands in our religion. This system should be immediately stopped. Sisters are requested to keep shough always with her to teach Shaitan husbands -Amina Khatoon
Nargis Siddiqui, USA says: April 23, 2013
We should deeply feel the pain of Jamila who is not only the victim of cruelty but several lacks our muslim sisters are victim of bad islamic system of Talaq. We should deeply regret and come forward to support those divorced girls. We man are so cruel that instead of accept drawbacks of our religion we blame upon girls while responsible are only our muslim brother.
My Muslim brothers who faith in Religious one sided Talaq are only animals and nothig more. To stop Talaq in Islam I fully support the solution given by “Amina Khatoon. It will be the best solution to protect our muslim sisters from those animals. -Nargis Siddiqui
Sabana, Delhi , India says: April 29, 2013
The system of Talaq should be changed in our community. We should unite and fight for that. -Sabana
Admin says:
Is this true (hitting with shoe invalidate the talak; what if he keeps repeating the same every day)?
Will it work with a real shaitan?
Why parents and madrasas not teaching this trick to Muslim sisters?
Why Imams don’t teach this to the girl at every Nikaah?
What can we do to increase education on this topic?
What is the root cause of such system; should we fight the system or fight only a small piece of it?
If one say, “Allah says that this is the only way …”, they why Allah gave so much power to Shaitan to begin with?
If he (your husband) is a Shaitan, why will you want to spend rest of your precious life with a Shaitan anyways?
What other ideas to protect Muslim girls from the Talaq system?
More information: Hindu-Muslim Marriage, Sharia, Muslim-Hindu marriages, Hindu-Muslim lovers’ experiences, Koran on Hindus? Hindu girl-Muslim boy, Marriage & Divorce laws.
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Hi friends
I used the word talak for teaching my wife about the consiqueness ,for using that during teaching is it have any problem.
Hi all muslim girls,
i feel very shame on u muslim sister u r leaving islam religion bcoz of talaq, talaq, talaq.Talaq, Talaq, Talaq word used by husband on last stage of there marriage relationship.Plz go to root cause for talaq, U educatad muslim sister u want to show ur body u feel very shame to wear burqa, u want to have 3, 4 affairs at a time, before marriage and after which is not allowed in islam.Western culture brings nude,sex affair and lust in society, countries like US UK Australia or developed countries,set this trend of lust in India after 1995 through Cable, Disk tv, Internet and etc which effect hindu religion girls in inda so heavily that started to do what developed countries girls has done leave their religion so many hindu girls love muslim and marrying them, want to have so much sex before and after marriage same is effecting now to muslim girls all over the world specially educated girls those r outside their country, i am not jealous for ur affair,want to show ur body,sex and lust which muslim husband cant tolerate at all. Your life do what u want to do, but dont blame small small thing like talaq and blame islam. Its not islam its ur lust, sex and enjoyment which will urge u to marry non muslims not new, this happen with all developed countries girls, indian girl now muslim sister.
Hi I am Heena 25 yrs old, my father is a maulvi, just preaching all nonsense activites of the children. He married me to a muslim guy, who was a butcher and I could not have good relations. All sorts of indiscriminatory attitude and violence I had to face. Ultimately I decided to run away with a sikh guy, leaving my parental home and inlaws too and married him.
I found that non-muslim are far better than muslim husbands. They treat women just for sex only. I am happy with him. Later got marriage registered.
Reply at https://www.interfaithshaadi.org/?p=5290
they (Muslim boys) walk freely clothless. If they have to be pushed to wear burqua then how they feel. We can say it is torture on women. Other religion give freedom to girls, give respect and no danger of talaq. Why should we follow islam only to serve men in house. We are really hostile within own house in islamic system. Heena you are courageous and I support you fully.Ihave felt that our muslim boys see us with dirty mentality however boys of other community respect and with good feelings.
Thank you very much Heena. We should jointly fight against cruelty against women and Talaq in islam.
Reply at https://www.interfaithshaadi.org/?p=5290
Hello muslim sisters,
A very good suggestion given below about leaving islam, which is a fake,bogus and criminal ideology against humanity in general and against females in particular.
One of the most frequently questions asked, when someone decides to leave Islam is, what they should do now. The answer is nothing. You don’t have to do anything to leave Islam. Islam is a belief. Once you stop believing you are no longer a Muslim. There are no rituals to perform and no membership cards to sign. The bondage of Islam is mental. Once you break that bondage you are free.
I know we humans need symbolism and rituals. This is a psychological need. A friend of mine who left Islam went to a church and baptized. He also changed his name from Hussein to Cyrus. I asked whether he is a Christian. He said no, but that he needed to do this little ceremony to make it official, at least in his own mind, that he is not a Muslim anymore. I did not need any ceremony to prove to myself that I am not a Muslim. I did not change my so called Islamic name. The fact is that Ali is not an Islamic name at all. Abu Talib who named his son Ali, was not a Muslim and he never accepted Islam. Another person named Ali was the son of Ummayh ibn Khalaf, who was killed by Bilal, his father’s ex- slaver, along with his father, treacherously.
If you really need a ceremony, recite to yourself, I testify that Allah is no God and Muhammad was a mentally sick man. That should do.
When you leave Islam you don’t pay the zakat. Zakat finances Islamic jihad. This so called charity is never used for charity. It is used to build mosques and madrasahs and to promote Islam. Even if it is used to build orphanages, the idea is always to raise children as fanatical Muslims and soldiers of Allah. The most vicious and the most inhumane protectors of the mullahs in Iran are known as basijis. They are mostly children of the Iranian soldiers who were killed in the Iran Iraq war and raised as orphans by the Islamic regime to become their henchmen. They are brainwashed killing machine. The regime has turned them into monsters. They have no qualm butchering the people to protect the mullahs. These were orphans raised by the mullahs. Muslims don’t do charity works without any strings attached. Once you stop paying zakat you are not financing Islamic terrorism. Do your charity personally where you can see how the money is used.
Also don’t go to the mosque. Your attendance only strengthens Islam in the same way that the attendance of ordinary Germans in Hitler’s rallies made him stronger. If more people don’t give their support to this cult of death, Islam will become less relevant.
Anne,
You have made excellent points. One of the points, “One of the most frequently questions asked, when someone decides to leave Islam is, what they should do now. The answer is nothing.” yes, doing nothing is the best. Why to get locked into an odd shaped box named “religion”? Remain free spirited and link directly with God, no need for the middle man.
Baptizing after leaving Islam is like jumping from a frying pan into fire! Christianity is equally exclusivist and supremacist religion. Teaching that all Muslims will not be saved on the Judgement Day when Jesus will come back is stupidity. Churches are spending millions of dollars to trap weak minded Muslim (and others) to bring to their fold. This must stop.
Hi sisters,
The issue of the pronouncement of three Talaqs in a single sitting again came to the fore as Bharatiya Muslim Mahila Andolan, an organisation working for the rights and welfare of women demanded that the practice of pronouncing three Talaqs should be abolished. They also demanded that the practice of verbal Talaqs should also be made illegal through the codification of Muslim Personal Law. (read)
The custom of divorce did not originate in Islam but has roots in pre-Islam pagan Arab society. The practice was in vogue in pre Arab society where a husband had the power to divorce his wife any time he wished that too on flimsy grounds, and most of the time for no reason at all. This practise of the Jahiliya is still followed among the Muslims of the sub-continent who divorce their wives by pronouncing triple Talaq in one sitting often on flimsy or ridiculous grounds as one of the women recounted her experience in the conference on Talaq organised by BMMA. She said she was given Talaq because she did not cooperate with her husband for anal and oral sex.
Most of the Talaqs are pronounced in a fit of rage or in a drunken state or sometimes even in jest. But the most painful part of the sorry state of affairs is that the Ulema or the muftis declare such divorces valid though in many cases the husband says that he uttered the three Talaqs in rage or in a drunken state and did not actually intend to divorce his wife.
The mode of pronouncing three Talaqs in one sitting in practice among Muslims is mentioned below:
a) In the presence of wife
b) In the absence of wife
c) Verbally (in a fit of anger, in a drunken state or in jest)
d) In writing
e) Through sms
f) Over the telephone
And in all the cases the fatwa is declared valid. The women suffer because in most cases they are not at fault and get the divorce due to the irresponsible behaviour or the ignorance of the husbands about the correct way of pronouncing Talaq.
The ignorance of the general Muslims about the correct process of pronouncing three Talaqs (Talaq Ahsan) has led them to think that delivering Talaq to their wives is the most easy practice in Islam and that being a husband, one has the unhindered right of giving three Talaqs to his wife without being accountable to her or to the society. That’s why she is divorced at the drop of a hat. The circumstances in which she is divorced are many. For example, she is divorced for forgetting to put salt in the pulses, for not being able to send her son to school, for having a poor sight, for not voting the candidate of the husband’s choice in an election, for not obliging in bed due to illness and so on and so forth.
IN ISLAMIC PRACTICES WOMEN ARE SUBJECT TO DISCRIMINATORY ATTITUDES AS UNDER:-
1. Burqa, male does not need.
2. Female should be virgin on wedding night, no such condition for male.
3. Husband can keep 4 wives, but no female allowed to keep 4 husbands,
4. No freedom of movement for females, males can move any where.
5. males can drive vehicles but no female in some countries,
6. discourage women for higher education,
7. discourage woemn for jobs.
8. Talaq at the discretion of husband.
9. Males to enjoy sex with 72 virgins in heaven,
IS IT A RELIGION OR CRIMINAL IDEOLOGY?
Chand, great points. All should google search for Bhartiya Muslim Mahila Andolan (BMMA) and support them.
This is what we found…
Bharatiya Muslim Mahila Andolan The andolan was inaugurated in January 2007 as a mass organization of muslim women from across the country to become an alternative progressive voice of the community to raise their socio-political and economic concerns. What makes this historical fact even more significant is that this voice is a feminine voice. It is a movement for the rights of Muslims in Indian democracy led by muslim women. . The Bharatiya Muslim Mahila Andolan is emerging as an alternative progressive voice of the community which fights for the citizenship rights of the muslims emanating from the Constitution. It believes in building alliances with other excluded groups towards a united struggle of the people. The key focus in the coming year is around implementation of Sachar Committee recommendations and also on bringing out some national studies on the issues of muslim women and girls. Read more…
Let us know how Interfaithshaadi could help BMMA.
Hi every body,
A husband may divorce his wife by repudiating the marriage without giving any reason. Pronouncement of such words which signify his intention to disown the wife is sufficient. Generally this done by talaaq. But he may also divorce by Ila, and Zihar which differ from talaaq only in form, not in substance. A wife cannot divorce her husband of her own accord. She can divorce the husband only when the husband has delegated such a right to her or under an agreement. Under an agreement the wife may divorce her husband either by Khula or Mubarat. Before 1939, a Muslim wife had no right to seek divorce except on the ground of false charges of adultery, insanity or impotency of the husband. But the Dissolution of Muslim Marriages Act 1939 lays down several other grounds on the basis of which a Muslim wife may get her divorce decree passed by the order of the court.
There are two categories of divorce under the Muslim law:
1.) Extra judicial divorce, and
2.) Judicial divorce
The category of extra judicial divorce can be further subdivided into three types, namely,
• By husband- talaaq, ila, and zihar.
• By wife- talaaq-i-tafweez, lian.
• By mutual agreement- khula and mubarat.
The second category is the right of the wife to give divorce under the Dissolution of Muslim Marriages Act 1939.
Talaaq: Talaaq in its primitive sense means dismission. In its literal meaning, it means “setting free”, “letting loose”, or taking off any “ties or restraint”. In Muslim Law it means freedom from the bondage of marriage and not from any other bondage. In legal sense it means dissolution of marriage by husband using appropriate words. In other words talaaq is repudiation of marriage by the husband in accordance with the procedure laid down by the law. The following verse is in support of the husband’s authority to pronounce unilateral divorce is often cited: “Men are maintainers of women, because Allah has made some of them to excel others and because they spend out of their property (on their maintenance and dower) . When the husband exercises his right to pronounce divorce, technically this is known as talaaq. The most remarkable feature of Muslim law of talaaq is that all the schools of the Sunnis and the Shias recognize it differing only in some details. In Muslim world, so widespread has been the talaaq that even the Imams practiced it . The absolute power of a Muslim husband of divorcing his wife unilaterally, without assigning any reason, literally at his whim, even in a jest or in a state of intoxication, and without recourse to the court, and even in the absence of the wife, is recognized in modern India. All that is necessary is that the husband should pronounce talaaq; how he does it, when he does it, or in what he does it is not very essential. In Hannefa v. Pathummal, Khalid, J., termed this as “monstrosity” . Among the Sunnis, talaaq may be express, implied, contingent constructive or even delegated. The Shias recognize only the express and the delegated forms of talaaq.
Conditions for a valid talaaq:
1.) Capacity: Every Muslim husband of sound mind, who has attained the age of puberty, is competent to pronounce talaaq. It is not necessary for him to give any reason for his pronouncement. A husband who is minor or of unsound mind cannot pronounce it. Talaaq by a minor or of a person of unsound mind is void and ineffective. However, if a husband is lunatic then talaaq pronounced by him during “lucid interval” is valid. The guardian cannot pronounce talaaq on behalf of a minor husband. When insane husband has no guardian, the Qazi or a judge has the right to dissolve the marriage in the interest of such a husband.
2.) Free Consent: Except under Hanafi law, the consent of the husband in pronouncing talaaq must be a free consent. Under Hanafi law, a talaaq, pronounced under compulsion, coercion, undue influence, fraud and voluntary intoxication etc., is valid and dissolves the marriage.
Involuntary intoxication: Talaaq pronounced under forced or involuntary intoxication is void even under the Hanafi law.
Shia law: Under the Shia law (and also under other schools of Sunnis) a talaaq pronounced under compulsion, coercion, undue influence, fraud, or voluntary intoxication is void and ineffective.
3.) Formalities: According to Sunni law, a talaaq, may be oral or in writing. It may be simply uttered by the husband or he may write a Talaaqnama. No specific formula or use of any particular word is required to constitute a valid talaaq. Any expression which clearly indicates the husband’s desire to break the marriage is sufficient. It need not be made in the presence of the witnesses.
According to Shias, talaaq, must be pronounced orally, except where the husband is unable to speak. If the husband can speak but gives it in writing, the talaaq, is void under Shia law. Here talaaq must be pronounced in the presence of two witnesses.
4.) Express words: The words of talaaq must clearly indicate the husband’s intention to dissolve the marriage. If the pronouncement is not express and is ambiguous then it is absolutely necessary to prove that the husband clearly intends to dissolve the marriage.
Express Talaaq (by husband):
When clear and unequivocal words, such as “I have divorced thee” are uttered, the divorce is express. The express talaaq, falls into two categories:
• Talaaq-i-sunnat,
• Talaaq-i-biddat.
Talaaq-i-sunnat has two forms:
• Talaaq-i-ahasan (Most approved)
• Talaaq-i-hasan (Less approved).
In short talaq in muslim commuity is a greal evil.
Women need to fight, upgrade their knowledge by education, and financially independent.
muslim women should better leave islam if they wish to live a better life ahead.atleast in India they can do so.they will get support of other religions if they wish to leave.i dont understand why women want to lead such a miserable life knowing what this bullshit religion is all about.islam is a monster religion with no humanity at all.does one find such verses of raping,stoning or any such brutality in other religions?islam is only for ‘asurs’ as per hindu mythology.they do exactly opposite of what the normal man does.only a mentally sick person can think that god is biased.god equally loves man and woman.then who the hell is a so called prophet to bias?he must be some fraud who said about God sending him as messenger.a prophet can never commit such cruelty as Mohammad did.so why are all muslim following things like a herd following something endlessly without using their hearts and mind?islam is shaitan.so if muslim woman want to free themselves they should get rid of shaitan religion.and marry people from other religions to live a life of status and respect.
Triple Talaq is a form of divorce that is practiced only amongst Muslims and only the husband can say to his wife, instantly divorcing her and many times leaving her destitute. As an example, a man, who maybe does not like his wife’s dinner, or a comment she has made to him, can utter, “Talaq, talaq, talaq,” and he will consider the marriage completely over. However, the issue here is that the proper form of Talaq allowed within the realm of Islamic Law and that is sanctioned in the Qur’an and the Hadith, (Traditions revealed from the Prophet Muhammad), do not allow for this form of divorce. As Sona Khan writes on the use of Triple Talaq in India in a very recent article from Express India, The Indian Express Group, “[Triple Talaq is a] social evil and not [an] Islamic practice and only continues to be propagated because of the ignorance of community leaders as well as the community as a whole.”[1][1]
Triple Talaq is allowed in many other countries as well—Algeria, Iran, Bangladesh, Pakistan, Egypt, Philippines, Malaysia, Morocco, Sri Lanka, Sudan, Gambia, and Nigeria all recognize Talaq. Indonesia, Tunisia, Tanzania and Yemen do not recognize Talaq at all. India seems to be struggling immensely with Triple Talaq, and in fact, it is so out of control that husbands are even Triple Talaqing their wives by email, text message and cell phone, and women are avoiding the threat of this by not answering their phones when their husbands call.[2][2] The practice of Triple Talaq by post is very popular in India as well. In the book, Knowing Our Rights—Women, Family Laws, and Customs in The Muslim World, released by Women Living Under Muslim Laws in 2003, this form of Triple Talaq is explained.
Such practice should be opposed in all forums and muslim women must get united.
MY DEAR SISTER AMINA,
MY SINCERE THANKS FOR RAISING THIS ISSUE FOR NOBLE CAUSE OF FEMALE MUSLIM COMMUNITY.
INFACT ISLAMIC RELIGION IS FULL OF EVILS AGAINST WOMEN COMMUNITY AND MALES GIVEN PRIVILEGES EVEN AFTER DEATH TO ENJOY SEX WITH 72 VIRGINS, AFTER COMMITING HENIOUS CRIMES AGAINST HUMANITY.
Dear sisters,
Really muslim women are treated very badly and threatened every moment for not fulfilling illegal demands of husbands by virltue of Talak.
It is high time that muslim women must unite and opposte unilateral utterance of 3 times talaq to wives.
Really islam is not a religion but a criminal and unlawful idelolgy against creation of females by God who has created males also.
Such horny persons giving talq to the wives for sexual enjoyment with virgin women, should really deserve shoes on their mouth and cheeks.
AND SHOES ALSO TO ZUNAID AND ZAHID LIKE HARAMI PILLE
Hello sisters,
The law of divorce is one of the most misunderstood and debated canons of Islam. And its back in focus thanks to the recent judgement of a Delhi court which upheld the validity of divorce given by a Shia Muslim to his wife through his agent to pronounce the word ‘talaq’ in Arabic as he himself was not conversant with the language. The Shia law insists that divorce must be pronounced in Arabic either by the husband or his agent (vakil) in the presence of two male witnesses. On the contrary, the Sunni law does not make pronouncement in Arabic compulsory while it surprisingly upholds the legality of talaq uttered in the absence of witnesses despite the fact that the Quran in surah Talaq clearly mandates the presence of two witnesses at the time of divorce. But then the Sunni law also allows instant triple talaqwhich is not allowed under the Shia law. Given these differences, it becomes imperative to know as to what the Quran and the last Prophet had to say on this issue which has become so contentious today.
Under the present Muslim law the term talaq is exclusively used for divorce proceedings initiated by the husband whereas divorce at the instance of the wife is called khula. But the Quran does not differentiate between talaq and khula. In fact, the word khula finds no mention in the Quran. Yet we find khula discussed at length in Muslims books of jurisprudence with no reference to the Quran or the Prophet’s elucidation of it. One may be shocked to know that while men are granted the right to absolute divorce without any judicial intervention (by pronouncing the word “talaq” thrice in quick succession), Muslim jurists restrict this right for women under khula by laying down the conditions that;
a) The offer of khula from the wife must be accompanied by a consideration (usually monetary) known as evaz
b) The offer must be accepted by the husband.
For this reason khula sometimes is referred to as talaq ba evaz al maal that is, the right of divorce purchased by the wife from her husband for a certain mutually agreed sum of money (Fatawa al Hindiyah). This un-Islamic provision that denies women legal equality is justified on the basis of a clause (highlighted in bold letters) in the following verse:
A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness. It is not lawful for you to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If you do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she gives something for her freedom. These are the limits ordained by Allah; so do not transgress them if any do transgress the limits ordained by Allah, such persons are the wrongdoers. (2:229).
It is obvious that the highlighted portion of the verse has been taken out of context. The injunction cannot be construed as an allusion to khula as it would come in direct conflict with another clause of the Quran (quoted and translated above) which confers upon the Muslim women rights on a par with men; wala hunna mislul lazi alai hinna bil ma’aroof (2:228). It is actually an inducement offered to men in order to prevent them from keeping their wives in a state of suspense by neither resuming conjugal relations nor releasing them by pronouncing the third divorce after the initial two divorces. This was one of the ways by which men harassed women during the time of the Prophet. It was perhaps to obviate such dilatory tactics by men that women were permitted to offer, as a matter of goodwill, some consideration to their husbands to terminate the marriage tie. To de-contextualise this Quranic recommendation and misinterpret it to deny women their right to divorce by making it conditional on an acceptable financial recompense to their husbands through khula would amount to distorting Islam.
The foregoing analysis proves that although the procedure of talaq given in the Quran is with reference to men (perhaps because, barring exceptions, historically men have been victimising women rather than the other way around) the same holds good for women. This is because marriage in Islam is a solemn contract (meesaaqan ghaleeza) and both parties have equal rights to revoke this covenant in accordance with the Quranic procedure if the other party breaches it. Also, as the Quran is based on principles of gender justice there is no question of granting legal superiority to men on any issue including divorce. In this context, it becomes imperative to look at the procedure of divorce as explained in the Quran to have a better understanding of marital rights in Islam.
Four steps before the first talaq
(As laid down in 4: 34-35)
As a first step, when there is a marital discord, the Quran advices the husband to reason out (fa’izu hunna) with his wife through discussions. If differences persist, then as a next step, the parties are asked to sexually distance themselves (wahjuru hunna) from each other in the hope that this temporary physical separation may encourage them to unite.
And if even this fails, the husband is instructed, as a third step, to once again explain (wazribu hunna) to his wife the seriousness of the situation and try to bring about a reconciliation. In pursuance of wazribu hunna, the husband shall explain to his wife that if they do not resolve their differences soon enough, their dispute may go beyond the confines of their house and become common knowledge which may not be in the interest of both parties. This would be true because, if the dispute still remains unresolved, as a fourth step, the Quran requires the matter to be placed before two arbiters, one from the family of each spouse, for resolution.
Three talaqs
(As laid down in 2:228-232 & 65:1-4)
It is only after the failure of the aforementioned four attempts at reconciliation that the Quran allows the first talaq to be pronounced followed by a waiting period called the iddah. Not more than two divorces can be pronounced within this period, the duration of which is three monthly courses (as per 2:228-229). For women who have attained menopause or suffer from amenorrhea the period of iddah is three months, and in the case of pregnant women it is till the termination of pregnancy (65:4).
And if the parties are unable to unite during iddah as envisaged by verse 2:228, the final irrevocable talaq can be pronounced, but only after the expiry of the iddah (2:231). Once the final talaq has been invoked the marital bond is severed and the parties cease to be of any relation to each other. However, even after iddah has lapsed, the Quran offers the contending parties a chance to reunite, provided the final talaq has not been pronounced. It says, “When you divorce women and they complete their term (iddah), do not prevent them from marrying their husbands if they mutually agree on equitable terms” (2:232). In other words, after the expiry of iddah, as per verses 2:231 & 232, the parties are given the options of remarriage and permanent separation- the separation being the third and the final irrevocable talaq to be pronounced in the presence of two witnesses (65:2).
Thus, it can be summarised from the above discussion that after four serious attempts at reconciliation a Muslim husband is permitted to divorce his wife once or twice within the period of iddah to resume conjugal relations without having to undergo the procedure of remarriage. After the expiry of iddah he can either re-contract the marriage on fresh and mutually agreeable terms or irrevocably divorce her by pronouncing the third and the final talaq. It is understood here that the woman cannot be left hanging without either being united with her husband or irrevocably divorced. The parties have to decide one way or the other within a reasonable period of time. This is clearly implied in the verse 2:231 which says “but do not take them back to hurt them or to take undue advantage. If anyone does this he wrongs himself.”
However, to emphasise the sanctity of the marriage tie and the enormity of breaking it for frivolous reasons, the Quran warns that once the parties choose to separate after the expiry of the iddah, they cannot entertain hopes of marrying again unless the wife takes another husband and he divorces her (2:230). It is understood here that a divorce may result only if the new husband has serious differences with his wife, and in the rare event of such differences cropping up, he is required to follow the Quranic procedure of divorce as discussed above.
Step by step summary of the Quranic procedure of talaq
1. Husband and wife to reason out through dialogue (fa’izu hunna)
2. Temporary physical separation (wahjuru hunna)
3. More convincing to effect reconciliation (wazribu hunna)
4. Arbitration
5. First talaq followed by iddah
6. Options within iddah: 2nd talaq or resumption of conjugal relations without re-marriage
7. Options after iddah: Re-marriage or final separation through third talaq.
The issue the concept of divorce has been completely misunderstood by our clergy. As per the prevailing understanding of “shariah” in India, talaq has been broadly categorised into talaq al sunnah and talaq al bid’ah. The first form refers to divorce pronounced in accordance with the Quranic procedure as explained by the Prophet, and the second one alludes to a sinful innovation (bid’ah) supposedly introduced by the second Caliph Umar. In this type of divorce the husband is authorised to repudiate his marriage by saying the word talaq thrice in quick succession in the presence if his wife who then ceases to be his spouse with immediate effect. Hazrat Umar is said to have legalised this innovation to discourage people who had adopted this undesirable practice as a quick way to get rid of their wives.
This account may be apocryphal for two reasons. First; a hadith in Abu Dawood says that Hazrat Umar himself punished people who uttered three divorces at the same time, and second; why would the Caliph of Islam legalise the very misogynist practice he was trying to abolish? It would have made sense if he had issued a decree to the contrary delegitimising the annulment of marriage on the pronouncement of three divorces in one sitting. What is astonishing is, the Sunni jurists consider talaq al bid’ah a grave sin and yet legalise it. No theological explanation is offered as to how a sinful act can become legally valid. But the most shocking part of the Sunni law is that talaq al bid’ah is valid under threat, fraud, influence of drink, and even out of ignorance. The only form of triple talaq that Hanafi law does not recognise is the one pronounced during sleep! It may be recalled that last year Deoband issued a fatwa validating triple talaq given by a drunken man, and it was fully backed by the All India Muslim Personal Law Board. One of the justifications offered for this ruling is that it discourages the use of liquor by men! The question is; should the dissuasion of alcoholism be at the cost of a marriage wherein the affected party invariably is the hapless wife to say nothing about her innocent children?
The legality of instant triple talaq has also led to the abominable circumvention of the Quranic injunction of 2:230 (discussed above) to overcome its impracticality. To help the victims of this law a pliable person is set up who marries the divorced wife, consummates the marriage overnight and divorces her the next day so that the original husband can remarry her in accordance with 2:230. This outrageousness which an innocent woman is subjected to for the ruthlessness of an un-Islamic and inhuman law is known as halala. Although many ulema have outlawed this disgraceful practice, it still prevails clandestinely among the followers of the Sunni sect.
The truth is; the concept of instant triple talaq is alien to Islam as it goes against the very spirit of the procedure of divorce laid down in the Quran. Even the Prophet when he was informed about a man who gave three divorces at a time was so enraged that he said, “Are you playing with the Book of Allah who is Great and Glorious while I am still amongst you?” (Mishkat-ul-Masabih). It may be noted here that the Prophet’s warning was against trivialising the “Book of Allah.” This is a clear admonition to given to the Muslims that if they wish to dissolve their marriage they must do so only in accordance with the Quran and nothing else.
In the absence of any initiative from Muslim theologians to abolish it, courts in India are forced to uphold the validity of triple talaq on the principle of stare decisis declaring the practice to be “good in law though bad in theology.” The precedent cited is the Privy Council Judgment in the case of Aga Mohammad Jaffer vs. Koolsom Beebee [(1897) 25 Cal.9, 18, 24, IA. 196,204] wherein it was held that it would be wrong for the courts to put their own construction on the Quran in opposition to the express ruling of commentators of “such antiquity and high authority.”
In the light of the aforementioned arguments the India ulema are hereby requested to recognise the fact that a Muslim husband is not entitled to pronounce even onetalaq without having first exhausted the four reconciliation attempts mentioned in 4:34-35. They must immediately outlaw instant triple talaq and delegitimise unilateral divorce proceedings without the intervention of a judicial authority to safeguard the rights of both parties. Interestingly, Pakistan enacted such a law half a century ago entitled The Muslim Family Laws Ordinance, 1961. According to this law any man who wishes to divorce his wife shall, after the pronouncement of talaq in any form whatsoever, give the Chairman of the state appointed Union Council notice in writing of his having done so, with a copy to the wife. Within thirty days of the receipt of notice the Chairman shall constitute an Arbitration Council consisting of himself and a representative of each of the parties for the purpose of bringing about reconciliation between the parties. Contravention of this procedure is punishable with simple imprisonment for a term which may extend to one year or with fine which may extend to five thousand rupees or with both. It is time a similar law is enacted in Indi
This is a superb opportunity to educate Muslim sisters. Please share this information to others. Also suggest how best to spread such simple message all over the World.
To our question, “What is the root cause of such system; should we fight the system or a small piece of it?”, we believe we should take this fight one step further; that is to give top notch education and make Muslim women financially independent. Once (Muslim; actually all) women have power of education and financial independence, rest of problems will be solved. What do others think?