... There has been a demand to abolish triple divorce from many Muslims of the country. Who can abolish triple divorce, an existing practice by Indian Muslims? The Indian courts recognise its effect to break the marriage between the parties.

To abolish the triple divorce is not an easy job as it is a controversial issue. But we cannot remain silent spectators to the sufferings of Muslim divorced women who are left in a helpless and miserable condition by pronouncing the word talaq three times in quick succession.

This form of talaq is a 'Talaq-e-Bida', which is against the spirit of Quran and Ahadis. The Quran warns the people not to adopt this method saying 'And do not make jest of Allah's signs (commandments)" (Q.2: 231).

The marriage in the Muslim Law is essentially a civil contract. As in any other contract, conditions may be agreed and binding on the spouses.

It is time that in the interest of the Muslim community till the abolition of triple divorce through a proper legal process acceptable to Muslims, restrictive measures against this kind of divorce should be adopted within the framework of the Muslim Law. The Muslim social organisations, religious institutions and preachers should play a role to inform the members of the Muslim community about their matrimonial rights and duties laid down in Quran and Ahadis.

(Most) Muslim marriages are registered. The Qazis throughout the country prepare ... 'Nikhanama' for every marriage.

Now the Muslim Wakf Boards are maintaining records of the marriages. I propose that the Muslim Wakf Boards, in consultation with the Muslim institutions, the learned in the Muslim Law and Muslim advocates, may incorporate the terms and conditions of the marriage in ... 'Nikhanama'. Each spouse may be required to sign below the conditions with endorsement that the above conditions shall be binding upon him/her. The Qazi shall attest the endorsement.

Terms and conditions:

If divorce becomes an absolute necessity, the spouses shall observe the following conditions:

1.     Before exercising right of divorce the matrimonial dispute shall be referred to arbitration for reconciliation (Q.4: 35).

2.     Divorce shall take place in the presence of two witnesses to keep the testimony upright for Allah (Q.65: 2).

3.     Divorce shall be pronounced when the woman is in a state of purity by accurately counting her prescribed period (Q.65: 1).

4.     Divorce shall be pronounced in a period of three (menstruation) courses (Q.2: 228).

5.     When the wife wants a separation through 'khula' form of divorce, the husband shall set her free (Q.2: 229 & 231).

6.     Husband shall not leave his wife in suspension (Q.4: 129).

7.     Husband shall not pronounce talaq three times in quick succession except in case of separation by mutual consent for. (Source: The Hindu, 11 July, 2000)

 One-Dimensional Man Editorial, The Hindustan Times, 20 May, 2000

The proposed ban on talaq by the National Commission for Women is a positive move and needs to be considered with objectivity and openness by the Muslim community in India ...

It is crucial for the betterment of the Muslim community that a dialogue "within" should begin. When women in Turkey and Iran can enjoy equal rights of divorce, or when a divorce in Bangladesh and Pakistan has  to go through a reconciliatory process or an Arbitration Council, there is no reason why the Muslim Personal Law should be so conservatively interpreted in India. It is ironical that India is the only country where this one-dimensional male authority of talaq is exercised. It is hoped that this archaic system is ended, so that marriage becomes an equal partnership and not an arrangement titled so arbitrarily against the wife.