Anda di halaman 1dari 8

Of all things permitted by law, Divorce is the most hateful in the sight of Allah: Holy Quran In Islam, the

sanctity of family life is recognized; so also the stubborn incompatibility between the spouses as a ground for divorce; for it is intolerable to imprison such a couple in quarrelsome wedlock. While there is no rose but has a thorn if what you hold is all thorn and no rose, better throw it away. The ground is not conjugal guilt but actual repulsion. Yusuf v. Sowramma, AIR 1971 Ker. 261

Introduced only during the second century of Muslim era by Ommeyad kings who had found the restraints imposed by the Prophet as interfering with their facility of talaq and thus, found an escape from the strictness of law for the indulgence of their own caprice.

It is a popular fallacy that a Muslim male enjoys, under

Quranic law, unbridled authority to liquidate the marriage: Yusuf v. Sowramma, AIR 1971 Ker. 261 Triple divorce is unconstitutional as it perpetrates male authoritarianism. Also, triple divorce is contrary to Articles 14, 15 and 21 of the Constitution of India and hence void: Khlemnissa v. State of U.P.,Writ Petition No. 57 of 1993. Though it is a natural development of the Sunni law it is the most disapproved or sinful mode of talaq favoured by law: Amiruddin v. Khatun Bibi, AIR 1917 All. 343 Talaq-ul-bidda is theologically improper and also improper from the moral point of view: Sarabhai v. Rabiabia, (1903)30 Bom. 537

- Divorced women to wait 3 months husband should take them back if they desire reconciliation -- they have rights over men similar to what men have over them - 2: 228;

- Pronounce divorce twice - after second pronouncement, woman to be retained in honour or released in kindness -- do not take back what you gave her and do not transgress God's limits -- 2: 229;
- After waiting period expired, wives can be retained or released in kindness make not your religion a laughing stock by your behaviour -- 2: 231;

- Place no obstacle to prevent women marrying their husbands if they agree, when the waiting period is over -- 2: 232;
- And for such of the women who despair of menstruation - the waiting period is 3 months along with those who do not get it -- for those with child, the period is up till she gives birth -- 65: 4;

- Lodge them where you dwell - harass them not - if they are with child, spend for them till they deliver, if they give suck - pay them and consult in kindness -if there are difficulties, let some other woman give suck - who is rich, spend whose provision is measured, spend of Allah's provisions -- Allah ask no soul beyond its scope - after hardship comes ease -- 65: 6

65: 1. O Prophet! When ye men do divorce women, divorce them

at their prescribed periods, and count (accurately), their prescribed periods: And fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah. and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation. 65: 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, endued with justice, and establish the evidence(As) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out

In Shamim Ara v. State of U.P., the Supreme Court held that the

correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause and preceded by attempts at reconciliation between the husband and the wife by two arbiters-one from the wifes family and the other from the husbands and if the attempts fail, the talaq may be effected. The pronouncement of talaq should be effective by establishing the above materials. Shamim Ara v. State of U.P., AIR 2002 SC 3551 In fact, Talaq-ul-Biddat or talaq-i-bidai i.e. giving an irrevocable talaq at once or at one sitting or by pronouncing it in a tuhr in a irrevocable manner etc. runs counter to the mandate of Holy Quran and has been regarded as such by all under Islam-Sunnatto be sinful. Rahmatullah v. State of U.P and others, 1994 (12) Luck. Civil Decision, p. 463

With the passage of time, the things have taken a new shape, Muslim Law is facing new challenges. If it is believed that the Muslim Law is the system which is meant for all ages and is primarily meant for the welfare of the human being, then it is submitted that the Courts will have to interpret Quran and Sunnat keeping in view the consideration of the new trends. So, though the triple talaq in single sitting is widely prevalent in our society, such unIslamic, unconstitutional, derogatory and arbitrary practices should be done away with.