By Vaishali Rathi:
So we had a moot problem based on triple talaq which interested me so much that I read 3 books on Muslim Law and got a Quran. The Holy Quran has been subjected to so much interpretation that its sanctity and authenticity has almost been taken away.
This article is particularly on triple talaq. Talking about talaq, in general – it is a right that men exercise to repudiate marriage. Talaq is not same as divorce, though used interchangeably. The courts have time and again affirmed that a Muslim man can pronounce talaq at any time, based on his pleasure and will. There are different modes of talaq such as Talaq-ul-Sunnat, Talaq-ul-Biddat etc. Now Talaq-ul-Sunnat is in accordance with the traditions of the Prophet and Talaq-ul-Biddat is considered to be sinful, but nevertheless remains a valid mode of talaq.
Talaq-ul-Biddat, better known as triple talaq is under scrutiny for a long time but has not changed. In this mode of talaq, a man can pronounce talaq three times and it becomes irrevocable, meaning final and irreversible. The wife’s presence is also not required. Irritated at this? Let’s check out the history. When Arabs went to Syria, Persia, the women there seemed more attractive to them than their wives, so these men wanted to marry the Syrian, Persian women. But the women posed a condition that they will not marry until these men divorced their wives back home. But divorce in Islam was not permitted easily – they had to wait for two separate tuhr (the period of purity, when a woman is not menstruating. While the woman is bleeding, divorce is not effective, you see!). But the men could not wait for such a long period. The matter was reported to Caliph Umar, the second Caliph. To prevent the religion from being mistreated he declared that pronouncing the word talaq thrice at one sitting would dissolve the marriage irrevocably.
The point to be noted here is that this form of talaq has neither been validated by the Prophet nor been mentioned anywhere in the Holy Quran. There is no verse in Quran that legalises triple talaq. In fact, Prophet forbade the exercise of talaq without an intervention of an arbitrator or judge. So if taken into consideration the most important, valuable and foundation source, triple talaq is not a valid form of talaq. But thanks to the interpretation of various jurists, it has become the most commonly used form of talaq among Sunni Muslims. Yes, another sect of Muslims, Shias do not accept triple talaq.
But the Indian judiciary has considered triple talaq to be an integral part of the Muslim religion and has stated that personal laws are outside the purview of law under Article 13 of the Indian Constitution and that they do not infringe any fundamental rights. It has been accepted as sinful, irregular, disapproved mode of talaq but again it has been rendered effective. Another ridiculous thing about it is the of absence the wife. Intoxication (under Sunni law) also does not make any difference. If a man after pronouncing talaq wants to remarry the same woman, the woman has to marry another man, have sexual intercourse with him and get divorced. But the man should divorce her voluntarily and not in order to help the first man.
After reading all of the laws of various religion it can be concluded that marriage is for having sex. The woman is unable to turn you on, is not good in bed, or is unable to fulfil your sexual desires, divorce her. It is the man’s life and desires that dominate the society. Who is a woman or rather, what is a woman?
According to the Holy Quran, a man cannot divorce his wife if she is obedient or faithful. That makes me wonder who an obedient wife is. Is she the one who abides by everything her husband specifies? Is she the one who does not question back? Or is she the one who will not speak against you?
Are those really religious who only imbibe parts of their religion? Those who call themselves ardent Muslims, I want to ask them a question – whom do you trust more – the Prophet, his words, his actions or the interpretations that follow? If you are a devoted follower of Allah, you will believe that everyone is equal and that cruel acts lead to cruelty.