The case of Triple Talaq: A new thought
Does the practice of Triple Talaq (Talaq-ul-Biddat) conform to the Qur’an and Sunnah? If not, why the practice is still applicable in Muslim societies. The solution may negative the long run practice and must impinge on the principle of Ijma by which this inexcusable Talaq introduced in the Umayyad monarchs. It requires mentioning here that laws of Pakistan, bangladaesh and some other Muslim countries do not recognize it so far. Notwithstanding, those who abide by Shari’a Law strictly and believe in its consequential bar to conjugal rights are still practicing this. Sometimes Islamic jurists give fatwa in this regard and ensure the separation between couple. These cases are mostly seen in rural areas. As a result, women are deprived of and forced to leave her husband’ house, then they have to deal with uncertainty life. In many Muslim countries, -Muslim wife indeed has always lived under the ever present shadow of divorce’ (Anderson). In view of the above reason, though the law concerned enacted, public consciousness is necessary. -Unlike in Bangladesh, unilateral arbitrary divorce continues to be a valid form of divorce among Muslims in India. This has been the focus of media attention and intense discussion in the past few months in India. The backdrop for the discussion was an announcement by the self-appointed All India Muslim Personal Law Board that it would seek to abolish the practice, and its retraction within a week due to pressure from conservative and fundamentalist forces within the country. Responses by a Full Bench judgement of Bombay High Court in May 2002, in Dagdu Pathan vs Rahimbi: Here, the court held that a merely declaring his intentions or his acts of having pronounced the talaq, or a mere pronouncement of talaq by the husband are not sufficient and do not meet the requirements of law; in every such exercise of right to talaq the husband is required to satisfy the preconditions of arbitration for reconciliation and reasons for talaq. In 1993, a Division Bench of Gauhati High Court held that a Muslim husband cannot divorce his wife at his whim or caprice and divorce must be for a reasonable cause and that it must be preceded by a pre-divorce conference to arrive at a settlement (Zeenat Fatema Rashid vs Md. Iqbal Anwar). However, the High Court of Orissa had held to the contrary. (Rashida Khanum & another vs S.K.Salim, 1995) The Supreme Court, through a judgement dated 1 Oct. 2002 in Shamim Ara vs State of U.P., stating that talaq must be for a reasonable cause, and that it must be proved. A summary of the principles laid down by the judiciary with regard to husband’s right to unilateral arbitrary divorce is to be directed.The Quranic mandate has now been upheld and elaborated upon by several courts, including the Supreme Court'[1]. When they shall fill their demands up to be an integration of the most liberal interpretations of Qur’anic verses, we may have to see that then they are demanding a complete uniform code rejecting the total application of Muslim personal law as in Bangladesh as well as in India have been demanding for several decades now ! Let us discuss first the primary commentary on Divorce and then concentrate on subject matter. The Arabic for divorce is talaq, which means repudiation. The morphological root of the word implies releasing a wife or freeing her from the bondage of marriage[2 ] The Prophet showed his dislike to it. He is reported to have said that -with Allah, the most detestable of all things permitted is divorce'[3]