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Islamic Sharia Laws (02 Mar 2017 NewAgeIslam.Com)

How Islamic Is Instant Triple Talaq?

By Sultan Shahin, Founding Editor, New Age Islam

02 March 2017

The Hon’ble Supreme Court has done well to delink the issue of instant divorce among Muslims from the larger question of a common civil code. This brings the focus back to the vexed issue and stops the All India Muslim Personal Law Board (AIMPLB) from obfuscating it to garner Muslim support.

Many ordinary Muslims, including women, are unaware of Islamic jurisprudence, so think that this is a universally accepted religious dogma which they must support. This misunderstanding emanates from the unity displayed by Indian Ulema of all sects on their male chauvinist “rights” to treat their wives as slaves.



India's central government has argued that triple talaq is 'misplaced' in a secular country

While ulema keep fighting among themselves on minor theological differences, there is perfect unity on this issue. Even ulema whose school of thought does not allow this evil practice support AIMPLB’s un-Islamic position. Ahl-e-Hadithis, for instance, follow Hanbali Law and, like Saudis, do not accept triple talaq in one sitting as valid. But the general secretary of the Ahl-e-Hadith, Maulana Asghar Ali Imam Mehdi is adamant that “the Centre and the courts should not interfere in personal matters of religion.” Same is the case of Maulana Kalbe Sadiq, renowned Shia Muslim cleric and vice-president of the (AIMPLB). The Ja’fri school of thought that Shias follow invalidates the practice of instant triple talaq.


A man in West Bengal raises a sign against the ban on triple talaq: The All India Muslim Personal Law Board decided to oppose Union Governments initiative against the triple talaq and the imposition of Uniform Civil Code in the country.

Shias themselves do not practice it. Maulana Sadiq advises Sunnis to rethink the issue, but remains with AIMPLB that endorsed Triple Talaq in its counter affidavit to the Supreme Court.

Other prominent Muslim clergymen in India also take this self-contradictory position. Maulana Abdul Hameed Nomani, of Jamiat-ul-Ulema, for instance, admitted in a TV discussion: “Imam Abu Hanifa has gone to the extent of saying that “Jis Ne Ye Kaam Kiya Wo Haram Fail Ka Murtakib Hua,” meaning whoever does this has committed a haram (forbidden) act.

Imam Abu Hanifa is the founder of the Hanafi school of thought that most Muslims of the Indian sub-continent follow. He considers triple talaq a haram act. No wonder, immediately after its creation Pakistan took steps to abolish the practice, along with other un-Islamic practices in the Anglo-Mohammedan Law that still goes by the name of Muslim Personal Law in India.

AIMPLB’s own position is no less self-contradictory, and is indeed quite bizarre.  While endorsing it, it also calls instant triple talaq an abhorrent and prohibited practice. Its law book Majmooa-e-Qawaneen Islami, says in Article (267):

Talaq-e-bidat (the hateful, un-Quranic way of giving talaq i.e. triple talaq in one sitting) is prohibited [mamnoo’]; however, if one does give such a talaq-e-bidat, the talaq will be valid, and the talaq-giver will be sinful.” 

Article 269 of the Qawaneen, however, takes the cake. As an average Muslim understands, in Islam intention is all-important. So much so, that when a Muslim stands up for prayer, it’s not considered enough that he is doing everything that is done in prayer. He has to specifically state that he intends to pray. Now read what AIMPLB’s law book says in the matter of triple talaq:

“Talaq-e-Sareeh i.e. Talaq by using clear and plain words effect divorce whether one intends divorce by them or not.”

It must have been based on this that the Deobandi fatwa told a young Muslim husband that even if you wrote the word talaq thrice in jest while chatting playfully with your newly wedded wife online, your divorce is final and you cannot remarry her unless your wife performs halala, that is, marries someone else, consummates her marriage, sleeps with the new spurious husband for a few nights, and gets a divorce from him later.


Kashmiri Shi'ite Muslim women

Halala is the most obscene social practice among Indian Muslims which has the blessings of all sections of Ulema. This practice will be automatically eliminated if triple talaq is abolished or three talaqs uttered in one session are considered as one Quranic talaq, as is done in 22 Muslim countries including Saudi Arabia, Pakistan, Bangladesh, Egypt, Syria, Jordan, Iraq, Sudan, Morocco, Kuwait, Yemen, Afghanistan, Libya, Kuwait, Qatar, Bahrain, and the United Arab Emirates.

Even Sri Lanka with less than 10 per cent of Muslims in its population, has managed to reform Muslim Personal law and make it more gender just. India alone has been unable to move forward.

As the practice of instant triple Talaq is still followed in India, the most pertinent example to give from Pakistan’s Muslim Family Laws Ordinance, 1961, will be this section dealing with divorce:

Section 7, Talaq:

(1) Any man who wishes to divorce his wife shall, as soon as may be after the pronouncement of talaq in any form whatsoever, give the chairman a notice in writing of his having done so, and shall supply a copy thereof to the wife.

 (2) Whoever, contravenes the provisions of sub-section (1) shall be punishable with simple imprisonment for a term which may extend to one year, or with fine which may extend to five thousand rupees, or with both.

 (3) Save as provided in sub-section (5) talaq, unless revoked earlier, expressly or otherwise, shall not be effective until the expiration of ninety days from day on which notice under subsection (1) is delivered to the Chairman.

(4) Within thirty days of the receipt of notice under Sub-section (1), the Chairman shall constitute an Arbitration Council for the purpose of bringing about a reconciliation between the parties, and the Arbitration Council shall take all steps necessary to bring about such reconciliation.

(5) If the wife be pregnant at the time talaq is pronounced, talaq shall not be effective until the period mentioned in Sub-section (3) or the pregnancy, whichever later, ends.

 (6) Nothing shall debar a wife whose marriage has been terminated by talaq effective under his section from remarrying the same husband, without an intervening marriage with a third person, unless such termination is for the third time so effective.

Source: (http://lgkp.gov.pk/wp-content/uploads/2014/03/Muslim-Family-Laws-Ordinance-1961.pdf)

If the government keeps waiting for approval of Ulema, it is never going to happen. Ulema are not going to accept Quran as their guide anytime soon. For them Sharia with 90 percent of its rules based on Arab tribal customs is the source of legislation. They call Sharia divine, even though it was first codified 120 years after the demise of the Prophet (pbuh) and has been changing since from time to time and place to place. All hope now lies with the Supreme Court.

Sultan Shahin is the founding editor of a Delhi-based progressive Islamic website NewAgeIslam.com.

This article appeared first in Mail Today on o1 March 2017

URL: http://www.newageislam.com/islamic-sharia-laws/sultan-shahin,-founding-editor,-new-age-islam/how-islamic-is-instant-triple-talaq?/d/110261

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  • Mr.Husain, This problem of talaq was very nicely described in a movie named 'TALAQ'. by Raj Babbar & Salma Aaga.Go & watch it. But u r a 'andh bhakt' of islam.So will learn nothing.
    By Ajoy Dutta - 3/8/2017 9:57:07 AM

  • Iqbal Husain, It is 21st century & not 7th. Don't change the topic like Imams & Moulvis. Stick to the original topic .
    By Vinod Wangnoo - 3/8/2017 9:56:27 AM

  • @AIMIM Mira Bhayandar, Can u elaborate me the difference between a BAKHT & an ANDBAKHT ????
    By Vinod Wangnoo - 3/8/2017 9:56:01 AM

  • So called very educared Imams act and stand as halala husbands in case a man gives triple talaq and remarries . No wonder Imams, husband and wife are all hand in glove and support one another. I have seen so many boys and girls who had features similar to the Imam, and now you know why.
    By Sridhar Santhanam - 3/8/2017 9:55:27 AM

  • This is the age of FB, U TUBE, SCYPE, INSTAGRAM, MESSANGER, WHATSAPP ETC. There are 10-20 questions which are to be replied very seriously by my muslim brothers. The tripple talaq and halala are worst kind of cruelty on our muslim daughters and sisters, EVEN THE GREATEST INHUMAN MISDEED ON MY 70 YEAR OLD MUSLIM MOTHER SHAHBANU WHO WAS DENIED A PALTRY SUM OF RS 250 PER MONTH, BY THE BIGGEST VOTE BANKER OF THE COUNTRY AND GREAT SON OF INDIA SH MHD. OSMAN ARIF WAS SACRIFECED. That is why i tell that the votebankers are more dangerous than the GADDARS !!!
    By Suresh Chandra Vyas - 3/8/2017 9:54:43 AM

  • sirjee in muslim religion also muslic vedic priests - speaker with personality - family - social management processors to be developed thru knowledge management which will spritual - ritual powers. It will balance emotions and consontration more will be God not on other conflicts. we any religion want to be in Gods soul and not to repeat any birth. in kaliyuage also need to more human values. In this direction our India - indian need to work .
    By Kolipaka Sudeep Kumar - 3/8/2017 9:54:14 AM

  • Is it a national problem why so called intellectuals so obsessed with any thing Muslim . or bhi ghum gain zamaney mai mohabbat me siwa.so chaotic these scholars are here for chaos not for solutions .Keep the Muslims on the edge
    By Shoaib Junaidi - 3/8/2017 9:53:27 AM

  • Don't miss guide the people on name of modernisation & human equality ,,, islam is perfect way of livin and tripple talaq is according to sahi ahadth,,, problem is not with tripple talaq the problem is itz non sence uses ,,, itx the responsibility of ulma e islam to make common people aware about this issue ,,,
    By Emaad Edwerds - 3/8/2017 9:52:18 AM

  • The number 72 comes from a hadith with a weak chain of narrators (i.e. less than totally reliable), and not the Quran. and it is for the less number among all of the highly rewarded human being. It is an absolutely myth, created by Arabs during 8 and 9 century. by creating the fake Hadith. while these collector just record their Created Hadith in their Book. thus making a huge controversial topic in Islam.
    By فارماسسٹ محمد معراج انصاری - 3/7/2017 10:41:19 AM

  • ojha logo ko sirf jhadd fhukk krke logo ko bewakuff bnana aata h aur isse jyda kuch bhu nahi,stop taking abt islam if u don't know anything abt islam,u shouldn't write abt islam anything.@ u.p ojha
    By فارماسسٹ محمد معراج انصاری - 3/7/2017 10:41:01 AM

  • I love my india as my eyes one is india and another is islam #india #power
    By Aslam Siddiqui - 3/7/2017 10:40:40 AM

  • @Aslam Siddiqui  By education the dalits have improved its social status ,but the Muslims are still liked to become a votebank that has nothing to do with development and politicians always offer them lollypop for vote.
    Idiots, do with the 1500 back tribal law and go to hell where 72 hoors are waiting for you.

    By U.p. Ojha - 3/7/2017 10:40:09 AM

  • Mr. Iqbal Husain.Manubaad no longer exists in India.Our constitution has abolished it with Hidu consent. It is a past thing,no longer in practice rather punishable now. But what about your reformation? U r still stick to barbarism.
    By Ajoy Dutta - 3/7/2017 10:39:02 AM

  • Contrary to popular belief not all the Arabs believed the Qur’an was of a the highest literary standard. The Qur’an itself attests to those who said it was the ramblings of a madman or a poet full of myths and fairytales. Al-Razi, one of the great scholars of the Islamic Golden Age said the Qur’an was inferior to many works of contemporary poets and writers. Here are more quotes:
    Al-Jaʿd ibn Dirham, tutor to the Umayyad Caliph Marwan, said “The Qur’an’s eloquence is not a miracle and people can do the like of it and better.”(1)
    The Mu’tazilite scholar Abu Musa said “People are able to produce the like of the Qurʾān as regards eloquence, and composition and rhetorical beauty.”(2)
    The 11th century Sunni scholar Abu al-Qushairy said: “We do not claim that everything in the Qurʾān is in the highest rank of eloquence.”(3)
    Ibn al-Rawandi (former Mu’tazilite scholar) (d. 910 ad) said “Indeed the Qurʾān is not the speech of a wise god. In it are contradictions and mistakes and passages that are in the realms of the absurd.”(4)
    1. Mustafa Sadiq al-Rafiì, “The Miraculous Nature of the Qurʾān and the Prophetic Rhetoric.” Page 160.
    2,3. Al-Baghdadi, “The Difference Between the Groups” Page 164–165; and
    al-Shahrastani, “The Book of Sects and Creeds”, 1/68–69.
    4. Quoted from Dr. Abd al-Rahman Badawi, from “History of Disbelief in Islam” page 216.

    By Zafeer Jafri - 3/7/2017 10:38:42 AM

  • Those who understand the history of Islam would be foremost in advocating gender equality and supporting women's rights.
    By Ghulam Mohiyuddin - 3/7/2017 10:38:14 AM

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