All India Muslim Personal Law has once again taken a stand in favour of the contentious concept of ‘Triple Talaq’. In fact, the minority authority has even appealed the Central Government to support the Shariat Laws legally and not interfere in its activities. This latest development comes a week after filing of petition by Shayara Bano, who appealed the apex court to make the “Triple Talaq” concept unconstitutional. Shayara, who belongs to Uttarakhand, received a divorce letter by her cruel husband, stating “Talaq, Talaq, Talaq” on it. She had appealed to the Supreme Court and wanted the custody of her children.
Shayara wants some of the concepts in Muslim Personal Laws to be declared as illegal as well as unconstitutional. The laws that she wants to be banned are; polygamy, Talaq-E-Bidat (Triple Talaq) and Nikah-Halala (in case a woman wishes to remarry her husband post-divorce, it is mandatory for her to first consummate marriage with some other man).
Islam’s version of ‘Triple Talaq’
As per Quran as well as the teachings given by Prophet Muhammad, ‘Triple Talaq’ is a crime. Also, this system is a violation of the Islamic Divorce Procedure, as per which there are certain compulsory legal steps to be followed, only after which a couple will be declared as separated. In Islam, there is a stringent process of seeking divorce where the two families are formally involved to attempt reconciliation between the couple. There is a concept called iddah, where the couple has to wait for 90 days in order to sort out any differences amongst them before finally getting divorced. This waiting period of 90 days is not followed in ‘Triple Talaq’. Also, a divorce is not considered valid unless proceeded in the presence of both partners and two witnesses. After completing all these formalities only, will a couple be declared as separated. The whole process needs to be recurred twice and the marriage will be considered as dissolved only at the 3rd meeting.
Inception of concept of Triple Talaq
This practice of saying the word Talaq thrice as a means to divorce started during the 7th century when Islamic Caliph Umar was in power. Caliph Umar was a close confidante of the Prophet and initiated this practice to save women from abusive marriages, so that they do not have to wait for the Islamic Divorce Procedure which takes quite some time to complete. However, now this practice is being used against women only.
Scenario in other Muslim nations
The Triple Talaq practice has been going on in India since long and is practiced by the followers of AIMPLB (All India Muslim Personal Law Board). However, this age-old practice has been discontinued in most of the Muslim majority nations. The major reason of this variation is difference of thought process amongst the Muslims of other nations and AIMPLB followers. Nations such as Iran, Turkey and Pakistan have made the practice of Triple Talaq void. In other nations, the divorce laws have been put under the ambit of constitutional framework, where proper procedure is followed as per the Islamic guidelines and principles.
As the Triple Talaq concept has a religious angle, it also encompasses the Shia-Sunni perspective. This practice is majorly practiced by the followers of Sunni community whereas it has been scrapped by the Shia followers all over the world. Some Muslim nations follow modern laws while handling the divorce cases. Turkey is such a nation.
Time has come to end this practice which led to exploitation of Muslim women for decades, even Islamic countries have stopped this practice , but here it was kept alive only to secure votes of certain section by pseudo seculars.
Disclaimer : These thoughts are personal views of editor.