Analysis of the Impact of Three Talaqs (Page 4)
The modern Shias believe that if three divorces are pronounced together, even one divorce does not take place, let alone three. Even some Hanfi jurists like Hajjaj bin Artat and Muhammad Ibn Muqatil believe that if one utters three Talaqs, no divorce will be considered valid, not a single one at all.
In cycle theory of Islamic divorce system it is believed that when husband utters the word Talaq in front of his wife, no matters how many time in a sitting he utters this word, the process of Talaq starts.
According to cycle theory a Talaq begins with the first utterance of the word Talaq from husband in presence of his wife. If they don’t have a chance of reconciliation or they don’t want to do so then first Talaq completes with completion of first menstrual cycle of the wife.
Sources to Islamic Countries’ Legislations,
In most Islamic states it is considered generally improper for a divorced woman to live alone. Mostly it is seen that divorced women who are free from their husbands, they have to live with their parents or with the family of another close relative.
The relevant part of Quran is;
“And when you have divorced women and they have broken their terms (of waiting), then do not stop them from marrying their husbands when they have the same opinion among themselves in a legal way; with this is reproved he among you who believes in God and the last day, this is more gainful and purer for you; and God knows while you do not know.
(Chapter: 2. Verse: 232)
“And the mothers should suckle their children for two whole years for him who desires to make complete the time of suckling; and their preservation and their clothing must be borne by the father according to usage; no soul shall have imposed upon it a duty but to the level up its capacity; neither shall a mother be made to bear harm on account of her child, nor a father on account of his child, and a similar duty (devolves) on the (father’s) heir, but if both desire weaning by mutual permission and advice, there is no responsibility on them, and if you wish to appoint a wet-nurse for your children, there is no guilt on you so long as you pay what you promised for according to usage; and be careful of (your duty to) God and know that God sees what you do.
(Chapter: 2. Verse: 235)
Legislations,
The practice is forbidden by law in many states, including Turkey, Tunisia, Algeria, Iraq, Iran, Indonesia, Pakistan and Bangladesh. Most of these countries are Sunni whereas Indian Courts do not hold any Talaq without adjudication and understanding as proper Talaq.
In November 2008, the Council of Islamic Ideology made a number of suggestions to improve the process for a woman’s request for divorce (Khula). The recommendations were sternly condemned in the traditionalist quarters. The number of divorces amongst Muslims of Indian sub-continent is stranger than amongst Arab cultures, partially owing to ignorance about Islamic ordinances regarding it, and also stigmatization of Talaq/khula as a result of over 1000 years influence from the majority Hindu culture surrounding them, for in Hinduism there is no idea of divorce, marriage is self-punishment and not an agreement, hence divorce was not recognized.
There are a variety of methods stating the necessary requirements to complete an obligatory separation, i.e., whether some period of time must pass between each utterance of Talaq, whether there must be arbitration, or the requirement for eye-witness. For example, in Pakistan, section 7 Muslim Family Laws Ordinance 1961 involved the following steps:
That the husband utters the requisite account of divorce in front of eye-witnesses; and provides written notice of that statement to the Chairman of the local Union Council; and gives written notice to the wife;
The husband should wait for ninety or more than ninety days in case of wives pregnancy.
Both parties should inform the mediation council in thirty days after receiving written notice.
The arbitration councils should take some serious steps bring both parties closer and becoming a source of reconciliation.
In some countries, the waiting period is conditioned to the remarrying of husband. This condition is applied in those countries only where polygamy is allowed. As guided by the saying of the Prophet, “among all the things that God has made lawful, divorce is most hateful”.
In one place it allows both parties to break the relation by ending their marriage instead of facing problem and hardship but divorce is a final resort, and to be avoided if possible. The Sharia also allows ending the relations and the termination from wife for Talaq with the conformity of husband is called Khula which is opposite to rabbinical law. According to this law, the husbands have to apply for taking divorce.
The western countries have to face various problems in case of no Sharia or court. The western countries are strictly opposed the recognition of extra judicial divorces obtained by those dwellers in the host state. France is one of such countries which cannot use substitute in secular judicial system to end the marriage. It is necessary in these western countries to use multi-racial and multi-ethnic society, international Islamic divorces system.
Problems within a state
The divorce difficulties are also created many problems within an Islamic country. The Sunni Muslims practice the marriage and divorce problems as compared to other western and secular countries. The main problem in this act is when a spouse hangs in case of rejection of other spouse about divorce. This is traditional way for performing divorce. In case of civil divorce, the court allows them to remarry but must follow the Islamic principles.
Conclusion,
God and his prophet dislike the Talaq. It’s said in a Hadith that
“When a Talaq happens, the king of the devils the Satan becomes very happy. He stands up on his throne and hugs those devils who made possible, the divorce between two Muslim husband and wife”
(Hadith)
Triple Talaq theory which makes man superior to woman is not good. It’s direct human rights violation. Nowhere in Quran or Hadith it’s been mentioned in this way, rather Quran told us that there are three opportunities for each Muslim man and woman for reconciliation between them. It has been stated in very, very clear words in Quran, the most powerful book of Islamic law,
“And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them. And Allah is All-Mighty, All-Wise.
( Al-Baqara, Chapter:2, Verse: 228)
If Quran emphasizes on reconciliation between them then why a very unfair ruling has been imposed to them without the will of God and his prophet. It’s obvious, it’s clear in Quran that for three menstrual periods they will have to avail the opportunity of living together again. It’s Quran and the real Islamic law which give much better and thoughtful ideology of divorce. Islam wants to give them all chances for reuniting themselves into one good family.
If the majority of Muslims follows the other method of Talaq, three Talaqs at the spot, it doesn’t mean that the true Islamic law is the same as they do. The three Talaqs at the spot by only the male partner of the family unit is as miserable as could be. It has dangerous impacts on society. It almost destroys the building of Islamic civilization because a family unit is the basic building block of a society and civilization.
