The All India Muslim Personal Law Board’s (AIMPLB) was expected to declare triple talaq to be unIslamic and its abolition recommended. But surprisingly the Board took Irrational Decision on Triple Talaq. It was declared after the meeting that “law alone cannot ensure reforms” and that the board would try to create awareness in the community on the issue of divorce and persuade the Muslims to abide by the Shariah.
The Muslim body said that the “misuse” of instant triple talaq would result in the “social boycott” of the accused person from the community. “The Sharia has given equal rights to men and women and it is the responsibility of the community to provide those rights to women.” Supporting triple talaq, they added that giving triple talaq via mobile phone message is also valid.
What Islam says about the marriage???
As a first step, when there are certain differences in a marriage, the Quran advises the husband to talk with his wife about the differences (fa’izu hunna). If misunderstanding remains in between, the couple is asked to get apart sexually (wahjuru hunna) from each other so that temporary physical separation may encourage them to unite.
In the case of failure of the second step, third step is advised, where the husband discusses the seriousness of the situation once again with his wife (wazribu hunna). If the dispute between the couple still remains unresolved, then as a fourth step, the Quran requires the matter to be placed before two arbiters, one from the family of each spouse, for resolution.
Mystery of three talaqs…
Quran is so pure in its definitions and conditions, that it do not allow any male to dominate a female just at the cost of three words… talaq!talaq!talaq!
Only after the failure of the above mentioned four attempts of bringing up the marital relation that the Quran allows the first talaq to be pronounced followed by a waiting period called the iddah. Within this period, only two divorces can be pronounced, the duration of which are based upon three mensuration cycles of wife. For women who have attained menopause or suffer from disease the period of iddah is three months, and in the case of pregnant women it is till the completion of pregnancy.
It is only after the expiry of iddah, if dispute or misunderstanding still persists among the couple, the final irrevocable talaq can be pronounced in the presence of two witnesses. Once the final talaq has been declared, the marital bond gets vanished and the couple cease to be in any relation to each other. However, even after iddah has lapsed, the Quran gives a chance to the couple to either separate forever or 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”.
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.” Also to maintain the sanctity of the marital relation and the enormity of breaking it for reasons, the Quran warns that once the couple choose to separate after the expiry of the iddah, they cannot entertain hopes of marrying each other again unless the wife marries another person and he divorces her for some serious differences. He is also required to follow the Quranic procedure of divorce as stated above.
Actual Practice of Talaq–
With the all purity and clarity of Quran, the concept of talaq is misinterpreted and misused too. Making instant triple talaq legal has led to the disobeying of the Quranic injunction discussed above and making the situation of females worst. To help the victims of this law a pliant person is set up to marry the divorced lady, makes sexual relation for a night and divorces her the next day so that the first husband can remarry her (2:230). This un-Islamic and inhuman law is known as halala. Although many ulema have outlawed this disgraceful practice, it still prevails clandestinely in some Muslim societies.
The good news is that several Muslim countries have reformed their laws in an attempt to bring them in conformity with the Quran and authentic teachings of the Prophet. But many more have to still work hard for the betterment of females and making the law more powerful.