The Triple Talaq bill is fraught with contradictions as it does not address the core of the Muslim women’s problem
Ahmad Khejar Masudi
On December 28 last, the Lok Sabha passed a legislation which, though falls under women’s security, relates to Muslims alone. The direct repercussions of it are on the Shariat.
Talaq actually signifies freedom and liberty. It must be noted that two strangers, viz., man and woman, can be united in a wedlock in the presence of two witnesses. It tends to be an accord between a man and a woman to spend a prosperous life. This process is called ‘niqah’ in Islam.
If a couple wishes to move apart, then they can do so. This splitting up is called Talaq. According to Shariat, there are different kinds of talaqs. Prominent among these are Talaq-e-Raji, Talaq-e-Bain, Talaq-e-Ahsan, and Talaq-e-Bidat.
Talaq is unpopular in Islam: It must be asserted that Islam encourages the commitment in relationships. There is a clear mandate to persuade one to a
long-lasting association. That is why the Holy Koran has provided with multiple directions about getting over with the troubled relations between a husband and a wife. It includes dialogue and mutual consultation, but in case there is no scope for a middle ground, Talaq figures as the last choice. There are clear directives that Talaq should not result from emotional outbursts, but must be offered as the last choice after exploring other considerations. Moreover, Talaq cannot be pronounced in case of an ongoing menstrual cycle but must only be used by men when women are pure! Additionally, there must be just one Talaq which is called Talaq Ahsan. Educated and religious Muslims resort to these procedures alone and rightly so.
Even Prophet Mohammad detested Talaq-e-Bidat: In the absence of right information, uneducated class of Muslims think that triple talaq is the right stratagem. They think that there is no lesser Talaq than this. This ignorance leads some Muslims to take such steps. This method of divorcing has been called Talaq-e-Bidat in Shariat. To part company with wife in this way is unjust and sinful. The Prophet himself was critical of this approach.
The legislation which was passed in Lok Sabha is flawed in its entirety. It puts a ban on authorisation (atlaq) of Talaq-e-bidat, meaning by ‘Triple Talaq’. This would lead to disastrous effects in long-term. The divorce given during menstrual cycle is also Talaq-e-biadat. Even in the time of purity whenever there is sexual intercourse with the wife, it can be categorised as Talaq-e-biadat. This legislation has proposed that the kinds of Talaq which immediately ends association altogether won’t be considered ‘valid’ and will be a punishable offence. Similarly, divorce gave during menstruation, Talaq-e-Bain, etc. won’t be considered a divorce. The husband-wife duo would not part ways through them; though they will be considered punishable offence. Males resorting to such divorce practices would be imprisoned for three years and would have to provide maintenance to his wife and wards. When is the government not considering these practices as ‘divorce’, why committing them should lead to punishment? When there is no divorce, how that’s a crime? Moreover, when the person is locked up, how would he earn to provide maintenance?
According to Islam, once the triple talaq or Talaq-e-Bain is given, any association between husband and wife ceases to exist. Husband is bound to provide for wife’s maintenance only till the agreed limit called ‘iddat’, and thereafter, both are free from each other. However, the new legislationprofesses a left-over in the association and this implies that sexual intercourse can start anew. Without having married anew, having such physical relationships would be considered as rape in Islam; which is blasphemous! Newgenerations would fear to get married in view of complexities and severity of this legislation.
(Ahmad Khejar Masudi is a Deoband-based
Islamaic Scholar) (As told to Surendra Singhal)
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