Triple Talaq a debatable issue nowadays and also now the Government of India has
introduced a bill in parliament which will criminalize the giving of Triple
Talaq that is given instantly Talaq three times without observing the rules
prescribed by holy Quran for giving Talaq and recently honorable supreme court
of India struck downed this type of practice because it is only an innovation in
Islam it has no base in Islam because the Holy Quran has clearly laid down the
procedure how and when to pronounce Talaq but still this type of Talaq is
prevalent in our Muslim community and now government of India passed bill that
is the Muslim women (protection of rights on marriage bill2018) for criminalizing
this instant Triple Talaq but criminalizing this was not
necessary if Muslims could have read the Quran which has laid down procedure
for giving Talaq.
Surah no 65 surah Talaq verse1
"O Prophet! When you divorce women
Divorce them at their prescribed periods and count accurately their prescribed
periods and fear Allah your Lord and turn them not out of their houses nor shall
they themselves leave except in case they are guilty of some open lewdness.
Those are limits set by Allah and anyone who transgresses the limits of Allah
does verily wrong his own soul though knowest not if perchance Allah will bring
about there after some new situation.
Surah Al Baqra Ayat 229 which reads as:
Divorce is twice. Then either keep her in an acceptable manner or release her
with good treatment. And it is not lawful for you to take anything of what you
have given them unless both fear that they will not be able to keep within the
limits of Allah. But if you fear that they will not keep within the limits of
Allah then there is no blame upon either of them concerning that by which she
ransoms herself. These are the limits of Allah so do not transgress them. And
whoever transgresses the limits of Allah it is those who are the wrongdoers.
It is also mentioned in Surah no 2 AYAT 226-227
Those who intend to divorce their wives shall wait four months and
if they change their minds and reconcile then God is a forgiver, merciful and If
they go through with the divorce then God is hearer and the knower.
Also in the same sura verse228
And the divorced women must wait for three menstrual courses... and their husbands
are fully entitled to take them back (as their wives) during this waiting period
if they desire reconciliation. Usmani also quotes from Hafiz Ibn Hajar'sFatah al-Barito the
effect that many eminent jurists held that if one pronounces three divorces,
only one take place.
It is also mentioned Sahi Muslimkitabul divorce hades no 3491
Reported by Abdullah ibn Abbas that in the
prophets Mohammad saw lifetime and during caliphate of Abu Bakr and also during
first two years of Umar ibn khitabs caliphate Triple Talaq was counted as one
Talaq only but that Umar [ra] then made three times binding upon his people so
that they learned the consequences of their hasty actions
Also in hades no 393theAbu al-Sahba' said to
Ibn 'Abbas (RA). Enlighten us with your information
whether the three divorces pronounced at one and the same time were not treated
as one during the lifetime of Allah's Messenger (may peace be upon him) and Abu
Bakr. He said it was in fact so, but when during the caliphate of 'Umar (Allah
be pleased with him) people began to pronounce divorce frequently he allowed
them to do so to treat pronouncements of three divorces in a single breath as
one. Also in the Musnad Ahmad and ibn Hanbal page
Rukaya ibn Abu Yazid ra said Talaq to his wife three times in one sitting and
then regretted his action when he told prophet saw how he divorced his wife
prophet Mohammad saw observed all three counts as only once and said if u want u
can revoke it.
Imran Ibn Hussain was asked about a person who divorced his
wife by Triple Talaq in a single session. He said that the
person had disobeyed his Lord and his wife had become prohibited to him.
These instructive verses do not require any interpretative exercise and they are
clear and unambiguous as far as Talaq is concerned.
The Holy Quran has attributed sanctity and permanence to matrimony.
However, in extremely unavoidable situations Talaq is permissible.
But an attempt for reconciliation and if it succeeds then
revocation are the Quranic essential steps before Talaq attains finality.
In Triple Talaq this door is closed hence Triple Talaq is against the basic
tenets of the Holy Quran. But Muslims don’t take in to account these qur’anic
verses and hadess which prohibit this innovated Talaq and now same situation has
been arised before us which was arised during the pious rule of Hazrat Umer (ra)
people were misusing this Talaq so he ordered that instant Triple Talaq will we
treated as three instead of one .
As in India Muslim are not taking care or not following the rules, regulations
and procedure which are laid down in holy Quran that is why criminalizing this
instant Triple Talaq is necessary so that Muslims should not practice such
things which has no base in Islam and with which they violate fundamental rights
of women’s by depriving them of their fundamental rights granted them
under Article 14 of constitution and the government of India has a mandate
given by the constitution under Article 15 to safeguard the fundamental rights
of women’s and end the discrimination made with women on the basis of religion
and to serve this mandate it was necessary to pass a law which will deter the
Muslim men’s from using women’s as chattels.
There is an apprehension that making law upon instant Triple Talaq is
interference in religion and against freedom of religion but the introduction of
this bill is not against Islam nor it is interference in freedom of religion
because what has been criminalized is no were in the holy Quran and whatever is
not mentioned in Quran and hades can never be treated as part of Islam because
Quran and hades are two important sources of Muslim law and Muslim community has
to fallow only what is permitted by hades and Quran and this Triple Talaq which
was introduced by Hazrat Umer (RA) after two years of pious rule only to prevent
misuse of it but unfortunately what was introduced for benefit of women is now
again used against them so it is essential and necessary to criminalize this
instant Triple Talaq. Because the whole
procedure regarding giving the Talaq is mentioned in the holy Quran when Muslims
men’s are using this provision against the females.
And it is our fundamental duty provided under Articele 51 A part IV of the
constitution to denounce any practice derogatory to the dignity of women.
And it becomes necessary to make a law which will safeguard the rights of Muslim
women and prohibit this type of Talaq by making law upon it. As
the same type of reasons were responsible when this was instant Triple which was
treated as one but when people at that time misused this Triple Talaq and as a
mark of punishment it was declared that it will have an effect of three and will
be valid but now this is also misused which was introduced for the protection of
women is now used against them and making law upon it which make it
penal offence was necessary and need of hour because when Muslims don’t give up
this innovated practice of Triple Talaq due to fear of Allah. Now they may give
up this practice by making this law which will help Muslims from committing sin
and going against the teaching of Quran and Sunnah.
Written by: Ishfaq Ahmad Shah - School Of Law - University of Kashmir,