By Dr. Javed Jamil
The debate goes on. Muslim Personal Law Board has again taken a decision not to make any change in its stand. While I am not in favour of forcing a stand on any sect against its wishes and I am totally against any intervention by Courts or Government in such issues, I would still like to present my case in the court of Muslim Personal Law Board in favour of a change in the stand of the Ulama on the issue. We have to understand that:
(1) There are serious logical questions attached to the validity of Triple Talaq; and
(2) There are other schools of thought both within Sunni and Shia sects that disapprove it, making it easier for Hanafis to accept a different position if they decide to benefit from them. Unfortunately however, all sects do tend to be rigid in their stands even in the issues where their basic sectarian positions are not affected.
Let us first come to the logical part. See the following facts:
1-Triple Talaq, which was the normal method of divorce before Qur’anic injunctions along with methods like Zihar was almost abandoned during Prophet’s time. Jurists try to take refuge in a few stories where it appears that Prophet was angry at the Triple Divorce still being followed by some, but according to the argument, he did not reject it. However, the hadiths opposite to this stand along with the Qur’anic position are too strong to be brushed aside.
2-Triple Divorce was not applicable in Hadhrat Abu Bakr’s (RA) time and almost the first half of Hadhrat Umar’s (RA) Khilafat. Later he accepted Triple Divorce as a temporary executive order. Hadhrat Ali (RA) again did not accept Triple Divorce.
3- To my amazement, people continue to talk “Three”. The truth is that the word “three” in relation to Talaq is totally missing in Quran. Quran talks of “At-talaaqu marrataan”, marrataan meaning two, twice or in two stages. Surah Baqar as well as Surah Talaq clarifies the two stages in considerable detail. “Fattalaqu li-iddat”means Talaq for Iddah, which is the first divorce followed by Iddah, at the end of which one has to decide either in favour of “retaining her with honour” or “releasing her in an honourable way” (tasreehor furqat). Talaq fortasreeh or freedom is the second stage after which the two cannot meet again unless by coincidence (not through planning) she happens to be married to someone else and divorced. (There is absolutely no case for Halala which is nothing but a trick in Shariah.) Jurists have tried to support the case of Third Talaq through a word “fattalaqu” but that is not understandable and is only a forced attempt to support a predetermined stand. Quran says:
Divorce is in two stages. So either hold them back respectably or release them in an excellent manner. (2: 229)
Then if he has divorced her, she shall not remain lawful to him until she marries another husband. In that case, if he divorces her, there is no charge against them if they return to one another, provided they think they will be able to maintain the boundaries of God. (2: 230)
When you divorce women, and their period (of waiting) matures, either retain them in a respectable way or give them freedom in a respectable way. But do not retain them with the purpose of maltreating them; if any one acts that way he offends himself. Do not make fun of the wonderful messages of God, and admire Him for His Gift to you in that He dispatched to you the Book and Wisdom that lectures you about everything. (2: 231)
Prophet! When you people have to divorce women, divorce them for the Iddah (Waiting Period). Then keep a record of Iddah, and remain dutifully on guard to God, your Lord. (During Iddah), do not banish them from their living places, nor are they allowed to leave on their own, except where there is an open display of indecency on their part. These are Divine limits; and anyone who crosses the Divine limits offends his own self. You cannot (often) foresee some new developments that God can cause to happen after this pronouncement (of divorce). Subsequently, when the time of their (Iddah) is mature, you either hold them respectfully or part with them in an honourable way. (65: 1-2)
Moreover, take two persons, capable of acting with justice, as witness from among you, and establish the testimony for the sake of God. (65: 2)
Divorced women will bind themselves for three monthly periods. (2: 228)
If you have any doubts regarding the women who have entered the age of menopause, the period of Iddah (waiting) is three months, the (same being) for the women having amenorrhoea (for any other reason). (65: 4)
For those who are burdened (with pregnancy), their period is till they get free of their burden. (65: 4)
Moreover, it is not right for them to conceal what God has created in their wombs, if they are committed to God and the Last Day; and in that period their husbands have the right to annul the divorce, if they decide to reconcile. Women have similar responsibilities towards men as (men) have towards them. The status* of men however is a degree greater. (2: 228)
4-If suppose three Talaq in one sitting is accepted as final, look at its dangerous consequences. If the wife completes her Iddah away from her husband’s house, which has become the usual practice, it is a clear violation of Qur’anic directive, which binds the man not to expel her and the woman not to leave on her own. Passing Iddah away from husband’s house kills the very purpose of Iddah. In case her pregnancy becomes known about a month after, the husband may make allegations against her. If on the other hand she completes Iddah in the house of the husband, it means we are forcing a man and a woman to live for three months together despite the fact that they have become Haram for each other. This is against the very principle and spirit of Islam. Even if there are other family members in the family, which cannot always be the case, they are his people not hers.
5-A common argument advanced in support of Triple Talaq is that it is a great sin and “if someone commits a murder, the death has taken place and life cannot be restored.” This argument is preposterous. A murder is not physically or functionally revocable. When a revocable mistake is committed, one is asked to rectify it. If a serious mistake occurs in Salaat, or Wudu is broken in between, one repeats the Salat. Qur’anic verses regarding Zihaar are enough to nail this argument. By the virtue of the Qur’anic verses, divorce through Zihar became a revocable act along with a punishment for the mistake.
Those of you who pronounce Zihar [to separate] from their wives (must understand that through their words) they do not become their mothers. Their mothers are none but the ones who gave birth to them. And indeed, they are uttering an objectionable statement and a falsehood. But indeed, Allah is Pardoning and Forgiving. And those who pronounce Zihar from their wives and then [wish to] go back on what they said – [there must be] the freeing of a slave before they touch one another. That is what you are admonished thereby; and Allah is Acquainted with what you do. One who does not find [a slave] – (he has to) fast for two months consecutively before they touch one another; and he who is even unable to do that, (he must arrange) for the feeding of sixty poor persons. (58: 2-4)
As I said earlier, I am not in favour of forcing any sect to give up its position. I have presented my case in the court. I feel the Ulama need to revise their stand so that the process of Talaq may become more in line with the letter and spirit of Quran, dominant position of Prophet (SAW) and the logical fallouts. Hanafi Ulama should also know that more and more couples who want to reconcile after Triple Talaq are now approaching the Ulama of Ahl-e Hadith, which is one of the reasons of the increasing popularity of that sect in India.
WE MUSLIMS DO NOT GO BY OUR FEELINGS.THERE IS SAHIH HADIS IN BUKHARI THAT PROPHET MUHAMMAD S.A.W.UPHELD THREE TALAQ AT A TIME AS THREE.
COME WHAT MAY WE SHALL PRACTISE ACCORDINGLY AND WILL NOT LIVE WITH DIVORED WOMAN AS HUSBAND AND WIFE.IT IS HARAM RELATIONSHIP AND A HUGE SIN
Triple talaq is not there in Quran. How can you uphold it?? Quran is our highest authority.
I DONT KNOW MUCH ABOUT TRIPLE TALAQ.
BUT HEAR IT MANY TIMES IN MY 59 YEAR LIFE,BUT TILL DATE NO FINAL ANSWER HAS BEEN TAKEN.
FIRST VERIFY UNDER WHAT CIRCUMSTANCES TRIPLE TALAQ IS GIVEN,IF A HUSBAND IS SUFFERING FROM WIFE SINCE LONG IN FRUSTRATIONS HE MAY GIVE TRIPLE TALAQ.AND MANY OTHER REASONS, LIKE I KNOW QUITE A FEW HEINOUS IN LAWS WHO HOLD GROOM TO RANSOME THREATENING HIM OF HARM CONSEQUENCES.
ALSO THERE ARE MANY ENEMIES OF ISLAM WHO TRY TO FIND OUT REASONS TO RAISE ISSUES IN MUSLIM COMMUNITIES.
BEWARE OF THESE HIDDEN ENEMIES,THESE ENEMIES OF ALLAH, WILL SPOIL ANYBODY,LOOK AT CHRISTIAN WHO DO ALL HARAM ACTS, BYPASSING BIBLE AND THEY ARE CALLED PROGRESSIVE ,
SUCH PEOPLE WANT THE SAME IN MUSLIMS, THEY WANT MUSLIMS TO BYPASS QURAN AND RIGHT HADITH,FINALLY LEADING THEM TO WHERE CHRISTIAN ARE TODAY.
MUSLIM MEN CAN NOT BE LEAD INTO WRONG, SO THESE SO CALLED PROGRESSIVE PEOPLE MAY MISLEAD MUSLIM WOMEN.
MUSLIM SCHOLARS TOO ARE UNDER THE INFLUENCE OF POLITICAL PERSONS , THEY ARE WORRIED ABOUT THEIROWN LIFE .
BEWARE OF PSUEDO MUSLIMS , MUNAFIQS.
PEOPLE LIKE SALIM KHAN, SALMAN KHAN, JAVED AKHTAR AND SO ARE PSUEDO MUSLIMS AND WERE PSUEDO WRITERS TOO,THEY COPIED ALL STORIES FROK ENGLISH FILMS AND URDU NOVELS.THEY ARE MEN FROM FILM INDUSTRY , IF YOU TALK OF RELIGION IN FILMS YOUR CAREER MAY WELL FAIL.
KHAN FAMILY IS
Assalam, javid sir needs logical explanation. One Ans: Bukhari (HN’SAWS)
Secular law says WOMEN ARE FREE TO MOVE AROUND SEMI NUDE. All know seducing to crime is participating in crime and this is true. But under secularism this is not RATIONAL. Rationalism that goes against secular aims is rejected. While it appeals to the secular lobby, we call it irrational. One man’s food is another man’s poison. Because of fundamentalist nature of vulgar immoral secularism, a wave of hatred against it through out the world is seen in the form of increasing religiosity. That which attacks religion is unsecular
Supreme court approves of the draconian laws in pursuit of protecting naked women. Why here inciter to the crime is considered innocent unlike in all other laws. Also every other law requires the accuser to prove his point with proof but nor under laws enacted to protect naked women. Why Supreme court and ” secular intellectuals ” respect Islam and politely say that there are no casts in Islam and so reservations can not be given to Muslims despite huge injustice to them and Muslim women and youth. This is because they really not bothered about plight of Muslims, Muslim women included. Here in respect of personal law, they actually hate it and so they want to grab every opportunity to remove it while apparently shedding crocodile tears.
Mr Shaaz Momin.
From what observations you made it is clear that you never read the Quran which several times says ” OBEY THE MESSENGER OF ALLAH TO OBEY ALLAH ” So unlike you all Muslims follow Quran in the light of Sunnah of the prophet, may peace and blessings of Allah be upon him.
Dear Secular Hindu,
Please share your valuable suggestion on this Topic.
@IBN SULAMAN great & valueable views…..
Dear KKindia
Thanks. In fact there are several irrational immoral double standards practised by so called enlightened secular blockhead . Highest court is on record having said ” Freedom of religion means FREEDOM OF RELIGION IN THE REALM OF THOUGHTS. Ha ha ha. How cunning! !
If tripal talaq is bad, is single talaq good?
Or keep your spouse hanging for his/her life without divorce and without cohabiting with ther/him is good?
MR. ABDULLAH, THAT IS NEITHER THE ISSUE OR WORRY AT HEART OF THE ‘ SECULAR COURTS’ OR ‘SECULAR MEDIA’ THEY ONLY SEEK OPPORTUNITY TO KNOCK OFF MUSLIM LAW WHICH THEY HATE WHILE UPHOLDIND HORRIBLE IRRATIONAL COW SLAUGHTER BAN DUE TO LOVE OF COW GOD BUT UNDER THE CLUMZY PRETEXT OF MILK SHORTAGE.THEY ALL KNOW HEALTH OF POOR INDIANS AND ECONOMY OF INDIA CAN BE LIFTED BY LARGE SCALE CATTLE FARMING RESULTING IN LOT OF MILK AND MILK PRODUCTS AND LOT OF BEEF BOTH FOR INLAND CONSUMPTION AND HUGE EXPORTS.BUT THESE HYPOCRITE LOOK THE OTHER WAY WHEN YOU SUGGEST THIS RATIONAL AND CONVINCING ARGUMENT.BESIDES WE ALL KNOW HUGE BUFFELO MILK AND COMPARATIVELY MEAGRE COW MILK IS CONSUMED BY PEOPLE.
All of you who support 3 talaq, please move to 14th century or Pakistan. Thank you
Love india talk india, is yr mother in pak, dnt say goto yr m’s wormb.
Chacha ji
Your comments make it clear that you are a rotten egg from communal bjp