New Delhi: In a program organized in the Jamaat-e-Islami Hind headquarters on Muslim Personal Law, well-known Islamic scholars and authors Maulana Inayatullah Subhani and Maulana Farooq Khan said that triple talaq in one sitting is not acceptable in Islam. The two clerics were talking about the Muslim Personal law and its implementation in the country. The program was organized by Jamaat’s student wing, Students Islamic Organization of India. Zafarul Islam Khan, the editor of Milli Gazette and former Mushawarat president was the third speaker on the occasion.
Triple talaq has been a rather controversial issue. While Qur’an talks about divorce in three periods, some ulama claim that triple talaq separates husband and wife as soon as the three words of talaq are uttered by the husband even in a single sitting. While this goes against the very clear Qur’anic doctrine and the tradition of the Prophet, Muslim clerics claim that it was sanctioned by the second rightly guided caliph, Umar Farooq.
While speaking during the program, Maulana Inayatullah Subhani said by uttering triple talaq in a single sitting, the relation of husband and wife is not suddenly snapped as we are made to believe. There should be one month gap between the three uttering. During this entire period the woman will continue to live in her husband’s house and the two will continue the efforts of reconciliation. He said that despite uttering three or more talaq, it will be taken as a single talaq.
While giving emphasis, the Maulana mentioned the following verse of the Holy Qur’an:
O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: And fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah. and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation. (Surah At-Talaq, 1)
The renowned cleric who has authored dozens of books on different misunderstood issues about Islam also said that women have the right to seek separation from their husbands under khula. He said that it is wrong to assume that in khula, a husband’s consent is necessary. He said that the man’s consent is of no significance and not needed and the woman can seek separation by merely returning him the amount of money he paid as dower money or mehr to her at the time of marriage.
Maulana Farooq Khan, a scholar of repute and translator of the Holy Qur’an in both Hindi and Urdu languages said that during the lifetime of the Prophet (pbuh) triple talaq was taken as a single talaq. It was followed by Abu Bakr, the first rightly guided caliph and even in the early days of Umar, the second rightly caliph. The Maulana said that Caliph Umar approved triple talaq as a form of punishment for its misuse. The octogenarian Islamic scholar said that in the latter part of his rule, Umar regretted legalizing the practice of triple talaq.
The maulana said that the institution of marriage is not a mechanical institution and is instead based on love and compassion. Differences are normal part of any relationship and both should be ready to tolerate each others’ mistakes. He said that forgiving is a trait of Almighty Allah and in a married life, this trait assumes unprecedented significance. Love, affection and the habit of forgiving each other’s mistakes will remove the misery from the lives of any married couple.
Jamaat-e-Islami Hind is organizing a nationwide campaign about Muslim Personal Law. But apparently the two clerics’ stand is against the stated stand of Jamaat and its President Maulana Jalaluddin Umari and others who claim that triple talaq in one sitting despite being against the spirit of Islam terminates the nikah.