Document 3

Introduction
Afrin was always fond of the social media. For the 22-year-old Shahjahanpur resident, it was a form of refuge -- an
escape from a life torn apart by four years of a tumultuous marriage. One chilly January evening this year, she was lost
in a happy reverie, scrolling down her Facebook timeline, featuring mundane updates on love, life and poetry,
punctuated with news, when a post hit her. It was from her husband. "Talaq, Talaq, Talaq," it said. Afrin read three
words over and over again as her three-year-old daughter scattered toys all over the bed, some of which fell to the floor
with a loud jangle. It was merely the beginning of Afrin's trial. A day later, her mobile beeped with an incoming message.
It read, "Talaq, Talaq, Talaq". Her husband had expressed his determination loud and clear. As if the relentless torture
with unending dowry demands was not enough, Afrin was now being booted out. "She was always happy as a child.
But the incidents seem to have irreversibly changed her life," Afrin's mother, Fareeda Begum, told PTI from Uttar
Pradesh's Shahjahanpur. 1
The act of triple talaq is absolutely not without what's coming to its of discussions. In any case, the
disturbing viewpoint is that the alleged triple talaq, or moment separate, has been restricted in more than
20 Muslim nations, including our neighbors; Pakistan and Bangladesh, making it a reason for genuine
concern.
We are a country which gladly affirm to be the world's largest majority rule government, ensuring the
insurance of equivalent rights to every one of our natives while intensely holding the banner over-top of
being a secular country. In any case, underneath all the ruddy cases, lies the savage underbelly of unfair
and oppressive individual laws which tear separated the establishment of balance whereupon our
awesome country was fabricated. The most deplorable type of oppression to which Muslim ladies have
been subjected to since time immemorial is the over the top routine with regards to triple talaq.
TALAQ
Talaq is a right given to men by Islam to separate his better half in the event that if the marriage cannot
be proceeded for some reasons. It is like Khula, a right given to Muslim ladies to separate from her spouse
if she feels they cannot live respectively henceforth.
There is one noteworthy difference between both the procedures. For ladies' situation Islam give her
additional flexibility i.e A lady can separate her husband(khula) with immediate impact.
Yet, if there should arise an occurrence of the talaq, once given, the spouse needs to sit tight for three
months.
This is the point at which we need to think about the triple talaq . The triple talaq doesnt mean saying or
informing "talaq" three times and closure marriage. Or maybe it implies the individual needs to sit tight
for a time of three months . Inside the stipulated time if there is change at the top of the priority list or
the concerned issue is settled commonly, they beyond any doubt can proceed with the marriage .
Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what
Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more
right to take them back in this [period] if they want reconciliation. And due to the wives is similar to
1
http://economictimes.indiatimes.com/news/politics-and-nation/these-case-studies-show-how-triple-talaq-tears-
lives-of-muslim-women-apart/articleshow/58324469.cms
what is expected of them, according to what is reasonable. But the men have a degree over them [in
responsibility and authority]. And Allah is Exalted in Might and Wise2
For the second time (which will undoubtedly happen promptly) in the event that they confront a difficult
issue, Talaq can be articulated again with a similar method.
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good
treatment"3
Meanwhile it is the responsibility of the relatives to attempt to bring them together4. The Muslim priest
(The Jama'th) can likewise be approached .
The third time will be the last possibility given to a muslim. Things turn out to be totaly intense for the
spouse.
And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she
marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame
upon the woman and her former husband for returning to each other if they think that they can keep
[within] the limits of Allah . These are the limits of Allah , which He makes clear to a people who know5
After the third Talaq the marriage has truly arrived at an end now. The three shots are depleted at this
point. And, after its all said and done the spouse wishes to rejoin which is unrealistic unless the wife who
have entered another marriage ( if this happens) divorces her significant other which is exceedingly
incomprehensible.
This is how ISLAM deals with TRIPLE TALAQ.
In spite of the fact that Shias and Sunnis have diverse perspectives with respect to triple Talaq6 certain
vital things like the principles of virtue of the women (from menstruation), status of her virginity, holding
up periods as indicated in Quran and so forth should be entirely clung to, to approve any separation. The
scarcest deviation invalidates the divorce.7
The Supreme Court in Shamim Ara v. State of U.P. and Anr8 has held this perspective of Quran expressing
that there must be legitimate explanations behind separating somebody and there must be an endeavor
2
[The Quran 2:228]
3
[The Quran 2:229]
4
[Surah An-nisa 4:34, 35] as cited by Faizur Rahman, Instant Divorce is alien to Islams spirit, Indian Express,
Kochi ed., June 17th, 2008; An Enlightenment Commentary into the Light of the Holy Quran (The Scientific and
Religious Center, Iran, 2nd edn., 1995)
5
[The Quran 2:230]
6
Asaf A. A. Fyzee, Outlines of Muhammadan Law (Oxford University Press, New Delhi, 5th ed., 2008), p. 180.
7
Adele K. Ferdows, The Status and Rights of Women in Ithna Ashari ShiI Islam, (Women and the Family in Iran
Leiden EJ Brill 1985 pg. 29).
8
(2002) 7 SCC 513; cites with approval: Sri Jiauddin Ahmed v. Mrs. Anwara Begum (1981) 1 GLR 358; Rukia Khatun
v. Abdul Khalique Laskar (1981) 1 Gau. L.R. 375;
to reconcile. It has been held in other cases in High Court9 too the most noteworthy case being
Kunimohammed v. Ayishakutty10.
TRIPLE TALAQ NOT SUPPORTED BY SCHOLARS
Three divorces were treated as one during the lifetime of Prophet Muhammad (PBUH), Caliph Abu Bakr
and Caliph Umars reign.11
9
Riaz Fatma v. Mohammed Sharif I (2007) DMC 26; 135 (2006) DLT 205; Ummer Farooque v. Naseema 2005 (4) KLT
565; Nur Ali (Md) v. Thambal Sana Bibi 2007 (1) GLT 508
10
2010 (2) KHC 63
11
[Sahih-Muslim 9: 3492]

Document 3

Uploaded by

Copyright:

Available Formats

Document 3

Uploaded by

Document Information

Original Description:

Original Title

Copyright

Available Formats

Share this document

Share or Embed Document

Sharing Options

Did you find this document useful?

Is this content inappropriate?

Copyright:

Available Formats

Document 3

Uploaded by

Copyright:

Available Formats

Introduction

This is how ISLAM deals with TRIPLE TALAQ.

TRIPLE TALAQ NOT SUPPORTED BY SCHOLARS

You might also like