Talaq is a practice of divorce in Islam where a divorce becomes irrevocable (Talaq-ul-Bidaat) after pronouncing Talaq, Talaq, Talaq, (I divorce you, I divorce you, I divorce you) in a single sitting as a methodology of instant Talaq even without the consent of wife. This is being the misinterpreted and most innovative way of misusing the practice for taking undue advantage and benefits by the Muslim people.
The actual process which in itself is considered undesirable in Quran is quite different. It is condemned and discouraged unless there are valid reasons for the same. There are various criteria to be fulfilled to initiate a divorce. A person can divorce once and then the couple must live under one roof for three menstrual cycles (iddah) without any intimate relationship and if things still didn’t work out they can part their ways. It is revocable (Talaq-ul-Sunnat) and the couple can remarry and can again divorce and can again remarry and divorce but this time it becomes irrevocable. If they still want to unite, the woman must marry and consummate with another man and get separated (Talaq Halala) and after that she can remarry his previous husband.
A divorce can be written or oral as accepted under the Muslim Law. These days whatsapp talaq, facebook talaq, mobile talaq, email talaq, telephone talaq, are also prevalent which do not require any witness as well. There are several protests to Ban Oral Talaq. In order to prevent any disputes, a divorce must be written and this will safeguard the misuse of practice as well.
Another issue that exists is polygamy i.e. having more than one wife at same time which in itself violates human rights and is thus unconstitutional. One of the reasons for giving talaq includes the inability of the women to give birth to a boy which in itself is a false reasoning as it is medically known that the father is responsible for the sex of a baby and that too is a matter of chance.
Those affected by the same includes primarily women and children. 90 million Indian Muslim women are feared by the danger of instant or out of court talaq. Most of them are not even educated well or financially sound. It has a negative effect on the mind set of children and affects their future, and destroys various families. It also has a deep psychological effect and leaves behind emotional scars. Not just that recently a case of a man has come to light who has taken divorce from his three wives by using the instant triple talaq and was looking for a fourth marriage has been arrested under the charges of first raping their wives and then forcing their families for marriage and later on divorcing them when he has fulfilled all his desires from that woman. This shows the extent to which the practice has been misused. It has been revealed by some women supporting organizations that the women are forced to sign petitions to support the triple talaq as they cannot refuse to obey the men who look after their family and thus cannot express their true wants.
The one benefited from the same includes the men who want to fulfil their desires by marrying different women and later give them divorce when they are done with them.
The triple talaq is being abolished by more than 20 countries including Pakistan but the practice is still followed in India. There are various petitions signed against triple talaq but the All India Muslim Personal Law Board has stubbornly opposed abolishing the same. The Modi government had filed an affidavit in Supreme Court against Triple Talaq practice in order to maintain gender equality, human rights and constitutional values. After the recent circumstances, AIMPLB’s VP Kable Sadiq has asked the government not to interfere in the personal affair of the community and also announced to abolish the practice within two years.
It’s time for the freedom from triple talaq and some necessary reforms. The government should look remotely into the activities and ensure that the actions are being taken by the board to ensure the triple talaq’s practice and the issues arising out of the same are resolved. All this needs to be handled very carefully in order to ensure that the religious sentiments are not hurt and also to avoid any religious unrest.