By Maulana Abdul Hameed Numani
The issue of divorce is being seen as a weapon against woman and not as a solution when there is no option left to continue the marital relationship. It is being seen as a discriminatory stick to be used against women on whimsical grounds.
This is what can be inferred from claims and counter claims by different parties in the Supreme Court. The problem is created by both the sides. The lack of knowledge has made many people believe that talaq means triple talaq in a single sitting and this has come into vogue in the society. Now the talaqnama or the farm of talaq that is presented before the court by lawyers in such cases shows this form of triple talaq only.
It must be kept in mind that the divorce is meant to end the marriage that has become too torturous and unbearable for both or for one party in a marriage and a single talaq can be sufficient to end it. The single talaq keeps the door of return for the man and woman if they are able to reconcile their differences during the period of iddat. In such cases the man and woman can decide to return and will not need a fresh nikah. On the other hand, triple talaq in a single sitting makes it almost impossible for the husband and wife to unite again.
On the other hand, there are many people who, in the case of triple talaq in a single sitting, want to accept the triple talaq as a single talaq. They forget many important aspects and keep their attention to a single point.
It is not true that only man can divorce his wife to end the torturous marital life, a woman too has the power to resort to end the marriage if it becomes very tough to tolerate. She too needs a permanent way out from such relation where no way is left for the man to return in her life and make it miserable once again. On this basis there doesn’t seem to be a rationale for completely rejecting triple talaq.
If the four imams have accepted the validity of triple talaq, they have a solid reason for it. But if someone gives triple talaq in a single sitting without valid reasons, then he commits a crime of breaking a powerful pact. There should be a provision of some punitive measures so that no one dares to trample upon such a powerful contract.
Nonetheless if someone actually gives triple talaq in a single sitting any action taken will have to accept it as a triple talaq. Some scholars have termed it jayez or valid and it means that the talaq will be complete if someone utters triple talaq in one sitting. Here the word jayez doesn’t denote preferable as many people seem to suggest and attack Muslim Personal law Board.
This is acceptable only in a situation when there is no way out. Islamic shariah accepts many acts that are otherwise thought to be very deplorable and orders are given for such situations. One such example is Zihar. While Qur’an clearly says that it is a false claim, nonetheless it imposes a heavy fine on people who do so. The issue of triple talaq is the same. Despite it being a criminal act, when done, it is implemented. If a qazi or judge using his own discretion decides not to implement it, it will not be sanctioned by Shariah. (Translated from Inquilab) (To be continued)
(Editor’s note: There are many contradictions in this article. Readers will decide if it really makes sense)