Now although Islam does not approve of the practive of divorce, it has a provision for divorce giving men and women a way out in case of a irreconcilable marriage. As per the Islam, men can divorce women in three ways- Talaq-ul Sunnat Ahsan (most proper divorce), Talaq ul Sunnat Hasan (proper divorce) and Talaq-ul Biddat (forbidden divorce).
Now the first two types of divorce are revocable and give considerable time to both the men and women to re-consider. However Talaq-ul Biddat or triple talaq as it is nowadays commonly called is instant and irrevocable.
In Talaq-ul Sunnat Ahsan, the divorce between the man and woman is final only when the man has declared talaq once and the husband and wife have not reconciled implicitly or explicitly till a period of women’s three menstrual cycles from the day of talaq. Cohabitation and conjugation are considered reconciliation.
In Tala-ul Sunnat Hasan the man and women are divorced when the man has declared talag three times in three consecutive menstrual cycles. If the either the man or women reconcile during this period, the talaq or divorce is revoked.
However in the third type of divorce- Talaq ul Biddat, the divorce is final when the man has declared talag three times consecutively. There is not possibility of reconciliation after this. According to sources on the internet, the law came into existence in the second century of the Mohomeddan era and is neither sanctioned by the Quran nor Prophet Mohammed. The Ommayad monarchs bought it into practice when they captured Egypt, Syria, Persia, etc. They found the women here more beautiful than their Arabic women and came up with this ‘instant’ divorce to marry them as these women wouldn’t marry the Arabs before they were divorced. This practice of instant triple talaq is unconstitutional in most of the countries following shari or Islamic law.
Recently, the Supreme Court declared Triple Talaq unconstitutional in a historic verdict. It has put a stay on triple talaq for six months until the center comes up with a law for the same. The verdict follows five petitions filed by five Muslim women. Muslim women across the country are rejoicing.
However the Muslim men have a mixed reaction on the verdict. The pro-women Muslim men have come out in support of the verdict. However, the religious fanatics have viewed it is as an encroachment on the Islamic beliefs and practices. They have even attacked the Muslim men supporting the verdict on social media. The Islamic Godmen are also against the verdict, however they themselves say this type of talaq has been misinterpreted and misused. The solution according to them is explaining and propagating the correct interpretation and stopping the misuse.
The Islamic law itself disapproves triple talaq or Talaq-ul Biddat as it called in Islam. So Muslim men’s claims that Supreme Court is trying to deride the law of Allah is unfounded. However, thinking from their perspective, they might find the law forceful and encroaching. And there have been some incidents in the recent past where behavior of an influential political party has challenged the secular nature of our state. So the Muslim men’s defensiveness is not unfounded.
In my opinion, irrespective of religion, it is extremely important to give women fair rights. However the verdict and situation is an extremely delicate one and I hope that both the parliament and judiciary handle it with the utmost care and avoid communal disharmony at all costs.
Thanks for reading and have a nice day J