Sunday, October 31, 2010

TRIPLE TALAQ - INSTANT DIVORCE

As regards the controversy going on about the fatwa on triple talaq, I would like to say that all Muslims without any exception believe that the Holy Quran has given excellent laws about marriage, divorce, inheritance etc. which are indeed far better than the modern laws and so they should adopt them in letter and spirit.


An overwhelming majority of Muslims oppose the unilateral and instant triple divorce system and prefer the rational Quranic laws. The Ulema belonging to many schools of thought simply consider this system un-Islamic and invalid. All other Ulema also consider the instant triple system an act of the days of ignorance (Ayyamul Jahiliyya) but "occured" if it is practised even though it is not an approved system in the light of the holy Quran and Ahadees. All Ulema also say that divorce should only be the last resort and there should not be any hasty decision.

There are many books written on this subject. Moreover almost all Muslim intellectuals, including Justice V. Khalid, former judge of the Supreme court, who is also an Islamic scholar disapprove this system and consider it un-Islamic..I have discussed this with him in detail.

Islam provides laws for all situations and it is our inability to make use of them properly which often lands us in trouble and the media exploits it for its own purpose. If Muslims follow the Islamic laws in letter and spirit not only they will be benefited, but even people belonging to other faiths will come forward to follow them because of their fairness. The Islamic laws are simply rational.

Let it be clear to our non-Muslim brethren that the whole community believes so but some perverted people act differently in haste pronouncing triple divorce in one sitting when they lose their sense in anger.

The Muslim Personal Law Board should look into the problems faced by the Muslim community over issues like triple talaq and take necessary steps to make the people realise that the triple divorce is an act of the days of ignorance and Islam does not approve it.

                         V.M. Khaleelur Rahman

3 comments:

Irfan Sherazi said...

ASAK Mr. Rahman,
What can a Muslim man do if Triple Talaq is forced down upon him.
Talaq was mentioned but with a intentions of warning & it was conveyed at the very next moment that this is 1st Divorce & 2 more subsequent Divorce are necessary to end the marriage.
Can the man take legal actions, I've been offered cash along with the gold we gave to my wife to sign on the Divorce papers.
Any suggestions are welcome....

V.M. Khaleelur Rahman said...

WAKS Mr. Irfan,

I can understand your predicament and can only pray. In a marriage what is essential is nothing but LOVE between two life partners. I don't know why the unfavourable situation cropped up. Please try to solve the matter in the manner agreeable to all in consultation with the elders in your and your wife's families.

Life is like a travel brother. Let us not complicate it. If two agree to understand things, there is no need for anybody. Please endeavour to convince your wife and her parents if possible.

Mohammed Mahmood said...

The procedure of pronouncing divorce as prescribed in the holy Quran is most rational and humanistic. A three-step process allows for cooling of tempers, some scope for reconciliation or adjustment through arbitration. The third talaq becomes binding and irrevocabale when all avenues of reconciliation have been exhausted.
But what happened later on? people started pronouncing triple talaq at one go to torment their womenfolk. To curb this malpractice and punish the wrongdoers Hazrat Umar ibn Khattab ruled that the triple talaq at one go is as much binding and irrevocable as three talaqs pronounced in three separate periods. It's a punitive measure, of course, meant to deter men from harassing and tormenting their women.
Juristic opinions differ widely on this issue through centuries. Can contemporary jurists find a middle groung between the two course?