TRIPLE TALAQ: NEED FOR A CHANGE

Abstract

In this chapter researcher highlights the challenges and issues faced by the Muslim women due to the concept of “triple talaq”. The researcher would further discuss as to how this mode is gender discriminative and why there is a great need launch reform movements and end up with this barbaric concept. 

Saira Banu is in her mid-30s. a sociology postgraduate and mother of two, she is just one of the many victims of the tyranny of triple talaq. Her story is gut-wrenching. Saira Banu endured physical and mental agony for over 10 years. Bad marriage, an abusive husband, forced abortions and then, last year, her husband sent a letter to her parents' home where she was staying for almost a year. Inscribed on that piece of paper were three words: "Talaq, Talaq, Talaq". The practice of triple talaq is certainly not without its fair share of controversies. However, the troubling aspect is that the so-called triple talaq, or instant divorce, has been banned in more than 20 Muslim countries, including our neighbours; Pakistan and Bangladesh, making it a cause for serious concern.

We are a nation which proudly professes to be the world’s largest democracy, guaranteeing the protection of equal rights to all our citizens However, underneath all the rosy claims, lies the cruel underbelly of discriminatory and tyrannical personal laws which tear apart the foundation of equality upon which our great nation was built. The most heinous form of tyranny to which Muslim women have been subjected to since time immemorial is the outrageous practice of triple talaq or more commonly known as “instant divorce. 

Women cannot be treated in the old ways any more. In India also Muslim women have become more conscious about their Islamic rights and are demanding changes in the Personal Law in keeping with the Qur’anic teachings. As pointed out the Islamic laws in relation to women are most modern in their approach but Muslim societies have preferred traditional interpretations by Imams in pre-modern feudal society to the clearly worded Qur’anic injunctions. 

Talaq is a highly sensitive issue as it can break years of marital relations between husband and wife. Thus the Holy Qur’an is also very cautious in matters of divorce. Firstly, it has adopted most modern approach to this sensitive issue. It requires arbitration before any breach of relations. The Qur’an says, “And if you fear a breach between the two, appoint an arbiter from his people and an arbiter from her people. If they both desire agreement, Allah will effect harmony between them.”(4:35)