The case of Triple Talaq A new thought

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]

In Hindu communities divorce was not allowed under any circumstances. However, after passing The Hindu Marriage Act 1955, it is now allowed. In English law it was not recognized even hundred years back. [4] Divorce mechanism was recognized in Islamic law since 1400 years back. The reforms of Prophet Muhammad (saw) marked a new departure in the history of the Eastern legislation. [5] Where the husband or wife possesses such a cruel nature that may endanger the life of the other or for gaining the lust of his or her whims, yet in similar cases, the necessity of divorce is inevitable. -Divorce, since it disintegrates the family unity, is of course, a social evil in itself, but it is a necessary evil. It is better to wreck the unity of the family than to wreck the future happiness of the parties by binding them to a companionship that has become odious’.[6]

Considering the facts Islam permits the so called -hatred halal’ imposing restrictions like as reconciliation and counting Iddat. Notable, the Qur’an and Hadith prescribe the procedure of reconciliation and counting Iddat. However, according to Muslim law, divorce can be implemented in any of the following ways 7: (a) by Talaq-us-sunnat, that is , a talaq which carries the approval of the Prophet. It may be in the most approved form, i.e. ahsan and hasan. Ahsan- Hedaya brands it as the most laudable divorce, where the husband repudiates his wife by a single pronouncement in a period of tuhr (purity, i.e., when the wife is free from her menstrual courses), during which he has not had intercourse with her, and then leaves her to the observance of iddat. The divorce remains revocable during the iddat. In case of a marriage not yet consummated, ahsan talaq may be pronounced during menstruation also. Where the wife and husband are living separate from each other, or where the wife is beyond the age of menstruation, the condition of tuhr is not applicable. Hasan- In talaq hasan, the husband successively pronounces divorce three times during consecutive periods of purity (tuhr). It is therefore -a divorce upon a divorce-, where the first and second pronouncements are revoked and followed by a third, only then talaq become irrevocable. It is also essential that no intercourse should have taken place during that particular period of purity in which the pronouncement has been made. Where the wife is not subject to menstrual courses, an interval of 30 days is required between each successive repudiation. (b) by Talaq-ul Biddat.- here the husband does not follow the approved form of talaq i. e., talaq-us sunnat, and neither pays the attention of the perods to the purity nor to the abstention from intercourse- Hedaya defines it as a divorce where the husband repudiate his wife by three divorces in one sentence, or where he repeats the sentence separately, thrice within tuhr.[8] Where there have been three declarations, the remarriage of the couple is only possible if second marriage takes place. Such intervening marriage must be actually consummated and pronounced divorce by second husband. In Ahmed Vs Anisa Khatun,[9] one Ghiyasuddin pronounced a triple repudiation on his wife. The words of divorce were clear and effectual, there was an irrevocable divorce. There was no remarriage between the parties, nor was there any proof of intermediate marriage. The couple afterwards lived together and five children were born. The union was void and the five children born after the triple divorce were held to be illegitimate. The decision, in consistence with the rule of Talaq-ul Biddat, appears to be harsh and falls beyond the scope of Islamic original spirits. Because triple pronouncements were regarded as single pronounments during the prophet’s lifetime, during the Caliph Abu Bakr’s reign and also for more than two years. From this point of view, the reunion between the couple before the expiry of iddat was valid and the five children were legitimate. Besides the above types of divorce, it can also be implemented by the wife i.e.Talaq-e-Tawfid, by mutual consent i.e. Khula and Mubarat and by judicial process i.e. Lian and Faskh. According to the Dissolution of Muslim Marriage Act 1939, a Muslim woman can apply for divorce under certain circumstances. [10] We know that this practice does not give the parties an opportunity of reunion by reconciliation as the Qur’an formulates directing -And divorced women shall wait ( as regards their marriage) for three menstrual periods, -.and their husbands have the better right to take them back in that period, if they wish for reconciliation-.-.[11] Moreover, it further does not leave the scope of counting iddat so that, in the meantime, they can reconsider. The wording of Qur’an in this regard is – O Prophet (SAW) ! when you divorce women, divorce them at their Iddat, and count their Iddat–[12]. Actually Talaq is of two approved types as mentioned above as the Qur’an says – The Talaq is twice, either you retain her on reasonable terms or release her with kindness–[13] Thus, it is undoubtedly proved that the Holy Qur’an does not ever recognize Talaq-ul Biddat and neither the Hadith does. So the question when or how the disapproved form of talaq was revealed in Islamic laws should be mentioned here for the convenience of the reader to justify the practice, whether they should mean it as obligatory in their daily life or not. The reason behind it has been finely described by Syed Khalid Rashid in his prominent book -MUSLIM LAW-, he narrates- -The triple divorce was not allowed during the prophet’s lifetime, during the Caliph Abu Bakr’s reign and also for more than two years during the second Caliph Omar’s time. Later on Omar permitted it because of a peculiar situation. When the Arab conquered Syria, Egypt, Persia etc., they found women here much more beautiful than their on women and hence were tempted to marry them. But those women not knowing Islam’s abolition of triple divorce in one sitting, would insist that before marrying them they should pronounce divorce thrice to their existing wives which they would readily accept to do ( as they knew Islam has abolished triple divorce and it would not be effective) and marry the Syrian and Egyptian women and would also retain their earlier wives. When the Syrian and Egyptian women discovered that they had been cheated, they complained to Omar. The Caliph then enforced triple divorce again in order to prevent its misuse by the Arabs. He had done so to meet an emergency and not to enforce it permanently-. That decision was taken by Ijma, a majority consensus, can be changed with altering facts and circumstances. Since then male dominated society took the practice as a machine of oppression to women, they remained under the mercy of their husband and a threat of immediate breaking up of marital life. Hopefully, Muslim Family Laws Ordinance 1961 has been passed. it provides the rules of divorce under clause 7(1) that says -that any person who wishes to divorce his wife should, after pronouncing ‘talaq’, is to inform the chairman (of Union Council) in writing as soon as possible and deliver a copy thereof to the wife. Clause 7(3) says, a talaq shall not be effective before the expiry of ninety days from the day of serving the notice to the Chairman under part (1). Clause 7(4) says: Within thirty days of the receipt of notice under subsection (1), the Chairman shall institute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, the Arbitration Council shall take all steps necessary to bring about such reconciliation. In fact, the Act makes a combination between ‘talaq-e-hasan’ and ‘talaq-e-ahsan'[14[.The lawmaker have preferred here the chairman to be effected divorce provided the time fixed expired. It leaves some loopholes of law and aristocrats can lob to the chairman to draw the facts in their favour. Because of being politicized societies in Bangladesh, the chairman (of Union Council) may be biased by his supporters. The verses of the Quran infer the parties’ family members should hold the reconciliation procedure. As it, the procedure of the expiry of ninety days and Arbitration Council for reconciliation between the parties, took from the approved two forms, the lawmaker could have paid more attention to Islamic text. It could be more acceptable and undoubted amongst the Muslim if the enactment much more complied with the same. -Recently, several cases of instant triple divorce have been reported. In Bihar, just because a woman did not vote for the candidate of her husband’s choosing in the Lok Sabha election, he pronounced triple divorce and threw her out. There are several cases of talaq that are as absurd as this one. For many Muslims, orthodox customs have become more important than Qur’anic injunctions. In India, too, Muslim women have become more conscious of their Islamic rights and are demanding changes in personal law in keeping with Qur’anic teachings. Take the issue of talaq, which is regarded as a highly sensitive issue. The Holy Qur’an is very cautious in matters of divorce. Yet, despite clear Qur’anic injunctions to the contrary, we approve of triple divorce in one sitting and destroy marital life in one breath. How can such an act be Islamic? It is the source of the greatest injustice, especially for women.'(15) It is evident that the Ulemas are divided into two views. -A Fatwa given by a Mufti of Ahl-e-Hadith rejecting the validity of triple divorce brought the Talaq issue to focus again. Maulana Asad Madani, President of the powerful Jamiate-Ulema-e-Hind has strongly opposed the fatwa and declared it un-Islamic and a conspiracy. The progressive Muslim intellectuals like Maulana Wahiuddin Khan and Ashgar Ali Engineer have upheld the fatwa. They argue that if the shari’a truly based on the Qur’an and Sunnah then there is no place for the pronouncement of triple divorce in one sitting. All the Ulemas also agree that this divorce is bidah ( innovation) and hence sinful'[16]. Critics often criticize the practice of marriage of Hilla regarding it is a gross maltreatment against women. This procedure comes from The Qur’an.[17] It treats as a punishment of male’s whimsical decision and intends to control their sensitiveness by acting on the strongest feeling of their nature, the sense of honor. -Thus it is a kind of relief to the wife from the harassment and tension on account of uncertainty that the Arab could cause her by repeated talaq and revocations without limit. The prophet restrained them to the limit of three repetitions, further shackle on the overbearing males was by way of the requirements of intermediary marriage. Of course the aspect of her further humiliation involved in this process was overlooked.'[18] Clause 7(6) of the Ordinance validates the Hilla marriage when such termination is for third time. [19]. But Shariya gives effect to it for the first time after being held the divorce irrevocable. Is there any wrong with it? This is nothing but a tighter safeguard for the women. It should keep in mind that our personal Laws come from Shari’a-Laws. We were proud of enjoying such a fine and balanced Laws that most of the western prominent writers took it as a subject of researches. Therefore, we should have kept the originality of such laws not modifying constantly except some orthodox customs that are against the spirit of The Qur’an and Hadith.

References: 1.Triple talaq, women’s rights and Indian judicial responses, an article by Saumya Uma published at www.thedailystar.net/law. issue no: 173 January 09,2003 2.Banglapedia: Muslim Personal Law. 3. Muhammad Ali, manual,284, No1; Tyabji, 143. see details: ASF A.A. FYJEE, Outlines of Mohammedan Law 4.Aqil Ahmed p-157 Mohammedan Law 5.Syed Khalid Rashid, MUSLIM LAW, p-97 6.Prof.G.CCheshire, -The International Validity of Divorce-(1945), 61 Law Quar. Rev.352)quoted from fyjee p148 7.Syed Khalid Rashid, MUSLIM LAW, p-100-101 8.Hedaya73, quoted from Khaled rashid p101 9.1931. 59 I.A. 21 see details in ASF A.A. FYJEE, Outlines of Mohammedan Law, p-158 10.These are: (i) when her husband is absconding or the whereabouts of him are not known for a period of four years or more; (ii) when her husband fails to pay for her maintenance for a period of two years; (iii) when her husband is imprisoned for a period of seven years; (iv) when she repudiates the fact of marriage; and (v) when she finds that her husband is impotent, cruel, insane, or an apostate. 11.Sura Al Baqarah: Verse 227. (The English translation of the verses from The Noble Qur’an by Dr. Muhammad Taqi-ud-din al-Hilali, Ph.D, & Dr. Muhammad Muhsin Khan. See details www.islamasoft.co.uk) 12.Sura- At Talaq : verse 1 13.Sura- Baqarah: Verse 228 14.Banglapedia: Muslim Personal Law. 15. Islam Vs Modernity: Ban triple talaq, it’s a sin, an article by Ashgar Ali Engineer published in expressindia.com. See details at 16.Syed Khalid Rashid, MUSLIM LAW, p-123 17.Sura Al-Baqarah: verse 229 –.and if he has divorced her, then she is not lawful unto him thereafter until she has been married another husband then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. There are the limits of Allah, which he makes plain for the people who have knowledge- 18. Syed Khalid Rashid, MUSLIM LAW, p-101 19.Section 7(6) of the Muslim Family Laws Ordinance (MFLO) 1961 states: “Nothing shall debar a wife whose marriage has been terminated by talaq effective under this section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.” so effective.”

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Asian Dating London – How I Met My Indian Girl

It was Saturday night and a few of my friends from college were going out to the movies, but I had decided to stay home. I told everyone I had a term paper to finish but the real truth was that I didn’t want to go out at all. Everyone in the group had a date and I wasn’t with anyone at that time. I had recently had a few bad experiences with my last 3 relationships and it seemed harder and harder to find someone who was compatible with me. Although I was born and raised in the U.S., I had a strong Indian heritage. My parents had migrated from India almost 26 years ago looking for a better life for all of us. Since there weren’t too many Indian girls at my college, it wasn’t easy for me to find exactly what I was looking for. I wanted a long term serious relationship, someone to get married to and hopefully have children with one day. But as each day passed by I began to think that wasn’t going to happen anytime soon. I decided to go home on Sunday since there was going to be a family get-together at the house. I was looking forward to one of my mother’s home cooked meals.Once I got there I was surprised to see how many people were visiting. I walked around and shook hands with all those I knew and then headed to the kitchen. My mother quickly smiled when she saw me and said, “Ashok, so glad you’re here, I made your favorite; chicken curry with vegetable rice for you” as she pointed to the stove. While my mother was talking, I was looking at this gorgeous girl talking to my sisters. She had long black hair and her skin was honey colored brown. Her eyes were dark brown with a touch of green. My mother noticed I was staring, so she turned to grab the girl and said, “Anushka, I want you to meet my oldest son Ashok” and she led her towards me. I extended my hand and before I could think of anything to say, my mother interrupted, “Anushka is Derek’s wife; your brother’s friend. Isn’t she beautiful Ashok?” I said the only thing I could say which was “yes” and I blushed a bit. Then my mother added, “When are you and your brother Niraj going to settle down and marry a nice Indian girl like Anushka, tell me?” I gently hugged my mom and said, “One of these days mom, who knows” as I walked towards the yard to search for my brother. I grabbed a beer from the fridge and walked to where my brother Niraj was standing. “Hey bro” I said as I gave him a five. Niraj looked at me and leaned forward as he whispered, “Did you see my friend Derek’s wife?” as he glanced with his eyes towards the kitchen. I quickly responded, “I just met her. Mom introduced us” Niraj then told me, “You will never believe how they met bro” as he took a sip of his beer.I responded, “Let me guess, he went to India, right?” Niraj laughed and said, “No Ash, he met her on some online dating site for indian dating something like that. Can you believe that?”. You see Asian dating London and Indian dating are now massive business!The truth was, I could not. I caught up with Derek and asked him for more info about the website. I searched for “dating Indian women.” Within minutes, I knew how I’d be able to meet the kind of women I was looking for. I used the methods described to meet beautiful, young, professional and intelligent Indian women who were members of Shaddi.com. These women were just like me in wanting to find that special someone. The most surprising thing was that some of them even lived near me. To tell you the truth it’s hard to believe that all this happened to me only three years ago. Today, as I sit here at one of the family gatherings I am once again amazed at the beautiful woman across the room talking to my sisters. Her name is Sheila and she is my wife. I wonder what my life would be like if I had never visited that site? Where would I be? More than likely I would still be alone, looking and wondering where the woman of my dreams was. I met Nina a few months after following my friends advice and a several months later we became serious. A year ago I asked her to marry me and here we are today. We have now been married for 7 months and I could not be happier.

Nude Massage For Sex Therapy

Can sensual massage break the barrier of silence between couples?

Silence or lack of communication is attributed as one of the reasons for breaking marriage. The increasing cases of separation and divorce point to lack of bonding and communication between couple which earlier generations had. It wasnt time that previous generations had that we are not but the will to explore the partners with massage techniques that kept the marriages alive.

While there are many types of massage with many therapeutic benefits the erotic or sensual massage is recommended for couples who are deprived of marital bliss.
What is a sensual massage?

It isnt just kneading muscles and pressing those joints, its an art and science being practiced from times immemorial to forge closeness that between partners. Of late it has evolved into more of an art embodying passion and lovemaking.

It is actually not just a massage but much more than that and was practiced since long times by kings and the queens and even common people for many reasons. The art has been followed in many lands and followed by people of several cultures and races, from the Egyptians to the Africans, from India to China, from the Celts to the Greeks, for centuries.

While a general masseur gives a massage that can help release from bodily pains and aches, a sensual massage can be given by a loved one and can build stronger bonding between couple while it can also relieve stress.
Why was sensual massage popular with people of many cultures and races?

Just because the massage offers innumerable benefits for those that give likewise that receive, the benefits that immensely bolster the connection the partners share.

It should be remembered that the sensual massage doesnt merely involve kneading the muscles, its an experience and involves perfect blend of several elements from including milieu to preparation and then the pressure points. Then coming to the massage part, which is about how to touch and where to touch; its more than just that physical touch.

It doesnt have to start with a preparation according to some; the massage can start incidentally as some pranks, jokes and play but apparently transition to serious sensual massage and then end in a union of partners; couldnt agree more. Well majority of people would love if things happen without anticipation.
Benefits of this type of massage

Sensual massage can be erotic. It kind of evokes the sleeping senses. The massage can deliver message of promise from the giver that they are bound to them and it can help in shedding of inhibitions during the process of lovemaking.

The massage can release a person from joint aches and pains and releases the knotted nerves.

It gives the recipient a sense of emotional security that no other massage can give.

The massage acts as a precursor to romantic adventures for couples.

Sensual massage acts as another mode of communication without words but conveying the language of hearts.

There are many types of sensual massage such as lingam massage, tantra or the tantric massage, yoni massage, etc.