The Issue of Triple Talaq

Triple Talaq Judgement

From over a decade the difficulty of triple talaq have been a prime controversial trouble in India. Government of India desires to abandon the Muslim practice of divorce in an effort to defend the right of Muslim Women. However Muslim ( except few ignorant ones ) are against the ban on this practice of shariah law ( Islamic regulation ).

 

Concept of divorce in Islam

But the concept of triple talaq (divorce ) in Islam is interpreted in a negative manner and exploited via few humans. Unlike in other Hindus and Christian scriptures, Islam has the concept of divorce so one can shield the rights of women. The idea of talaq never exist in Hindus or Christians scriptures. In India the law of divorce was introduced under the Hindu marriage act in 1955. It should also be stated that no practice of Islamic law ( sharia) is against human rights. That is why united states of America honored prophet Muhammad ( peace be upon him ) as one, among best lawgiver of the arena in 1935.

Correct interpretation about triple talaq

It is generally held that talaq ( divorce ) in Islam is very easy; a man only has to say to his wife Talaq three times ( triple talaq ) and its all over.

In book Hidayah (famous book of Haniffi) part ( 2/355 chapter on At Talaqu As Sunnah ) three divorces pronounced in one time ( triple talaq ) are referred as innovation in religion and one who divorce like that is sinner.

The term used about triple talaq in Quran is “Attalaqu marratan” means two divorces given two different times. “If any person pronounce to his wife talaq 03 time or thousand times it is going to be counted as one instance.” ( Fatawa ibn Tahmiya 4/73 ancient Egypt)

Divorce in Islam, not easy 

In fact, divorce is not that easy in Islam. There are conditions which have to be fulfilled even before its lawsuits can start. First of all, talaq ( divorce ) can not be pronounced at the same time when woman is menstruating. Prior to the start of the menstrual cycle, many women suffer mood swings and become cranky. The biological changes in their systems cause psychological adjustments which generally referred as premenstrual syndrome. In order to ensure that the cause of the husband pronouncing divorce is not a product of behavioral changes brought on by premenstrual syndrome, divorce pronouncement during menses is prohibited.

The Talaq (divorce) can't be suggested for the duration of a period among menses wherein the couple has had sexual intercourse. The rational being that if the man cared enough about the female to have sexual relationship, he needs to think about his decision more before giving talaq.

He will have to wait till woman’s next menses ends, before he can pronounce divorce.

After the pronouncement , the talaq (divorce) does not come into impact until the women undergoes three menstrual cycles. The first cycle is to insure that she isn't pregnant and other 02 years are for reconciliation among the couple. The women isn't supposed to leave her home which is common among Muslims nowadays. The husband is required tp retain her until she is in her waiting period which is called iddah (waiting period) in Arabic. This is another possibility of patch up among the couple. So it means that first talaq will happen after 03 months. Then the couple still have 02 more chances of patch up which completes almost 09 months for triple talaq to occur.

If a female is pregnant at the time of the talaq, her waiting period is until she delivered her child. This concept gives the most amount of time for reconciliation in order for the welfare of the kid.

Statistics of Divorce 

Divorce ( talaq ) proceedings are somewhat easier than in many Western countries. Marriage in Islam is primarily a contract and not a sacrament as originally perceived in other religion, where it was considered unbreakable among Hindus, Christians and other religions.

As per the census information from 2011, the divorce rate among Muslims is 0.56 percent as compared to the Hindus which stood at 0.76 percent. ( Al Jazeera news )

As per the research conducted by National Research center at the University of Chicago found that Christians have divorce rate of about 42% as compared to other religions. ( USA today religion news service posted 14.03.2011).

Allah ( God ) has already protected the right of Muslim women in Quran in his several verses ( read “surah An Nisa” meaning “The Women” ) . Is there any better provider than the creator himself.

If you have any feedback or comment please post below in comment section. Your feedback will be appreciated

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jazak Allahu Khair