The triple Talaq as an instrument of divorce, should be abolished. The Muslim clergy and their cohorts may cry hoarse that the triple Talaq has been the traditional concept of separation between Muslim partners in marriage. But if a tradition precipitates disharmony in society, is causative of suicides, results in uncared for children with no help emanating from the State, we would be labelled criminals if we allow it to continue. It would be an act of blasphemy to circulate the ideology that abolition of the triple Talaq is against the tenets of the Quran.
With no claims to the higher echelons of Islamic theology or Muslim personal law,, (one) takes recourse to the prescriptions by the Quran, which clearly outlines the process of separation or divorce in various verses. The specific verses 236, 35 and 2) are reproduced below for purposes of clarity. For larger interests the reader would be better served by referring, in addition, to other verses, their translations, annotations and explanations documented by Yusuf Ali in the same chapters.
Surah II, Verses 236
There is no blame on you
If ye divorce women
Before consummation
Or the fixation of their dower;
But bestow on them (A suitable gift),
The Wealthy
According to his means,
And the poor
According to his means: -
A gift of reasonable amount
Is due from those
Who wish to do the right thing
Surah IV, Verses 35
If ye fear a breach
Between them twain,
Appoint (two) arbiters,
One from his family,
And the other from hers,
If they wish for peace,
God will cause
Their reconciliation:
For God hath full knowledge
And is acquainted with all things
Endued with justice,
And establish the evidence
(As) before God. Such is
the admonition given
To him who believes in
God and the Last Day.
And for those who fear
God, He (ever) prepares.
A way out.
Surah LXV, Verses 2.
Thus when they fulfil
Their term appointed,
Either take them back
On equitable terms
Or part with them
On equitable terms;
And take for witness
Two persons from among you,
It is more than obvious from these verses and the explanations by Yusuf Ali that:
There is no mention of the triple talaq in the Quran.
Reconciliation is the most significant remedy recommended.
Witnesses and arbiters have to be entertained before the final separation and
A minimum of four months should pass before the Talaq is completed thus giving time for reconciliation.
With the perambulations it would be more than justified to consider that the traditional triple Talaq is an act of blasphemy which goes against the tenets of the Quran. The verscs in translation by Yusuf Ali are reproduced in original form for those who brandish the sword of triple Talaq on the beleaguered Muslim women. Specific time periods for the pronouncement of divorce, compensation to the women in such instances and responsibilities of the male partner are distinctly delineated to the extent that there is no scope for the existing tradition of the triple Talaq. It should be emphasized that the verses reiterate reconciliation at every step with divorce as the most heinous practice should be the last resort and even then it should be adjudicated by arbitrators chosen from the husband's and wife's families. It is more than obvious that the practice of the triple Talaq is a tradition which originated subsequent to the relevation of the Holy Book to the Prophet and is an interpretation of convenience which is perhaps remotely permissible in the most exceptional circumstances rather than what has become the order of the day.
Some segments of the Muslim community object to the abolition of the triple Talaq with the slogan that those favouring its abolition are attempting to misinterpret the Quranic tenets. Such slogans misinform the public, the legal profession and the judiciary. In fact, it is they who distort the Quran, precipitating a disservice to the Muslims at large since the Quran is devoid of any mention of the triple Talaq ...
To blame the legal profession and judiciary for the problems arising out of a Muslim divorce ... would be a crime since the "clergy", the polity and intelligentsia have failed miserably. They have not even precipitated a set of codification for the Muslim personal law which the administering authorities could use. The result: a thousand interpretations of a Holy edict.
One's house can only be set in order when discipline emanates from one's own intellect. Short of this demands of a society will perforce result in intrusion by the state and the judiciary to set the house in order. So far the "clergy", the polity and the intelligentsia have precipitated no order in the "house" and therefore the least of the disciplined function by any set of law-abiding, intellectually sane Muslim moiety would be to dissuade themselves from thoughtless and unnecessary interference in the fruitful interpretation of the holy edicts enshrined in the Quran. In short, it behoves the Muslim community, polity and clergy to see to it that the Muslim personal law as it appears to any Muslim of our country is codified. The judiciary should make sure that the triple Talaq ... abolished so that women ... can live in peace. (Source: The Hindu, 3 August, 1999)
Shahabuddin's Comments Letter to The Hindu, 3 August, 1999
I endorse his view that the institution of Triple Talaq - three pronunciation of divorce in one sitting - has no basis in the Holy Quran. Indeed many Muslim sects regard triple Talaq as legally void and equate it to only one Talaq which implies possibility of revocation and consequent resumption. However, merely banning Triple Talaq will not do but a legally enforceable procedure has to be put into place which makes it punitive for the husband to use his right to divorce irresponsibly and arbitrarily. That is why most Muslim States have institutionalised the procedure of Talaq.
However, polygamy can not be abolished. Abolition will only lead to Promiscuity. But it should also be made justiciable as in several Muslim countries. To sum up, the Muslim law in both divorce and polygamy needs to be codified by the Ulema and the laity working together in the light of the laws of many Muslim States.
