MubarakRishte Blog

Triple Talaq Explained

Created at : 2019-01-16 15:52:50

Author Name: Fasiuddin Khan


Triple Talaq Explained

Triple Talaq Explained:

Islam is one of the oldest religions around the world today and after Christianity, it’s the second most followed religion in the world. Often these days, Islam is criticized due to frequent terror attacks and because of its customs of polygamy or Triple Talaq, but it gives everything in a codified manner. One can find codified laws for marriage, divorce, succession, kinship etc. in the Holy Quran and narration of various volumes of Hadees available. Divorce laws which are prescribed under the Holy Quran and Hadees are most of the times misinterpreted by the Muslims Scholars. Prophet Muhammad said that divorce (talaq) should be avoided at any cost unless and until it’s impossible to carry forward the bond of marriage. Talaq in its primitive sense means dismission. In its literal meaning, it means "setting free", "letting loose", or taking off any "ties or restraint". In Sharia law, it means freedom from the bondage of marriage and not from any other bondage. In the legal sense, it means the dissolution of marriage by the husband using appropriate words. In other words, talaq is the repudiation of marriage by the husband in accordance with the procedure laid down by Islamic law.

There are two forms of talaq (divorce) in Islam:
1) Talaq-ul-Sunnat
2) Talaq-ul- Biddat

 

1) Talaq-ul-Sunnat:

The name itself says "Sunnat", which means Muhammad’s (the prophet) way of life viewed as a model for Muslims. Talaqul-Sunnat is divided into two categories:

a) Talaq-ul-Ahsan (Most Proper): 

This is the most proper form of repudiation of marriage. The reason is two-fold: First, there is a possibility of revoking the pronouncement before the expiry of the Iddat period (period of waiting). Secondly, the evil words of Talaq are to be uttered only once. Being an evil, it is preferred that these words are not repeated.

b) Talaq-ul-Hasan (Proper):

Talaq-ul-Hasan is considered to be a "proper" mode of divorce as per the Holy Quranic injunctions and in the light of Hadees provided by Prophet Muhammad. In this mode parties to the marriage can revoke the divorce before the completion of three Tuhrs. (time period between two menstrual cycles). Hence, the man has to pronounce "Talaq" after completion of every single Tuhr to his wife and therefore, the parties get an opportunity for reconciliation. (1)

 

2) Talaq-e-Biddat (triple or instant talaq):

"Biddat" means any innovation, and Muhammad (Prophet) spoke of biddat as follows:
Muhammad (Prophet) says in this respect: "He who innovates something that is not in agreement with our matter (religion), will have it rejected." Even Allah says in the interpretation of the meaning of the Holy Quran that biddat in Islam is not permissible. [Holy Quran5:4(2) ]. For stating the importance of marriage in Islam and how the wife should be treated, Prophet Muhammad said which was narrated by A. Hurraira, "the best person amongst you is one who is best to his wife." (Al Tirmidhi, 628)(3). In other Hadees narrated by Ibn-Musnad, Prophet Muhammad said, "There are three things which are essential for happiness: 1) A righteous wife 2) A spacious home 3) a sound means of transportation. (Musnad, 1:168). (4)The interpretation of these Hadees includes that a wife and marriage bond should be intact. Holy Quranic verses such as in Chapter 2,4 and 65 also gives importance to marriage. (5) Therefore, to dissolve a marriage, parties have to go through reconciliation and other means to keep it alive. If all this fails, only then can recourse be taken through the divorce. 

The worst part of talaq-ul-biddat is that when a person utters the words of "Talaq" the divorce comes into effect. Prophet Muhammad never agreed upon this form of talaq. The Holy Quran in chapter No.2, 4 and 65 clearly states that Muslim Men have to wait till the period of iddat (period of waiting) ends, and hence disapprove the talaq (divorce) in one go. (6)

Triple Talaq origination:

Talaq-ul-biddat has its origin in the second century of the Islamic era. After two years of ruling, second caliph Umar enforced triple divorce, as per which no one will be permitted to take his wife back after pronouncing three divorces in one go. Author Umar Ahmad Usmani in his book named "Women's Rights in The Qur'an, Women and Modern Society" refers to the noted Egyptian historian Muhammad Husain Haykal's book 'Umar-al-Farouq’ in which the author says that caliph Umar made such an (interpretation) for avoiding hassle and indeed it was need of the hour. Then author Umar Ahmad Usmani further quotes from Haykal's book to show why caliph Umar was constrained to enforce triple divorce. The author says that when Arabs in the era of Caliph Umar were conquering every part of the Gulf, after winning the battles they used to bring male and female slaves both with them to the land of Mecca and Medina.

These women were very attractive and charming and the Arabs were captivated by their charm and wanted to marry them. However, these women insisted on the men giving irreconcilable divorce to their former wives. To satisfy them they would pronounce triple divorce in one go and pretend having
divorced their wives for good. (7) From there, it is in practice.


Origination in India:

Muslims are governed by the Muslim Personal Law (Shariat) Act, 1937 which was passed by the British Government. This law was binding on all Muslims living in India. The British Government also passed an Act for Muslim wives to uplift their rights, namely the Dissolution of Muslim Marriage Act, 1939. These acts contained the detailed provisions about divorce and Triple Talaq was one of them and therefore it was among the Indian Muslims to dissolve marriage through Triple Talaq (8) Muslim marriages in India are considered to be a private matter, unless the couple themselves decided to register their marriage under the Special Marriage Act of 1954. Owing to these historical factors, the checks that have been placed on the husband's unilateral right of divorce by governments of other countries, such as a prohibition of triple talaq, had not been implemented in India.