ISLAMIC LAW – AND TRIPLE TALAQ – OVER THE YEARS – NEED FOR CHANGE !

The Hanafi Sunni principle of Triple Talaq –Unilateral Talaq by Husband (known as talaq-ul-bain/biddat) has been criticized a lot for the inherent gender injustice. It gives the arbitrary power to the husband to give talaqto wife without any rhyme and reason, and leaves out no scope for reconciliation as the same is not revocable.

Muslim clergy has upheld even talaq pronounced in jest/joke or intoxication. Baffling is an example where in a case in Pakistan – a husband and wife (real life) also played the role of spouses on a TV soap – rehearsed a shot where the husband had to talaq the wife, after the rehearsal the couple
was astounded to receive a „fatwa‟ from clergy proclaiming their cohabitation to be unlawful and against principles of Islam as they were islamically divorced. To add further misery as per Islamic law their union is possible only if the wife does an intervening marriage and consummates the
same and gets a talaq from her 2nd husband, and then only she can come back to her first
husband.
Needless to say, that this has caused injustice in a number of cases.The Hon’ble Supreme greatly curtailed it‟s exercise by calling for strict proof triple talaq to establish it (Shamim Ara v. State of UP 2002 SC). In subsequent decisions High Courts have gone to the extent of holding such talaqs invalid
in absence of it being preceded by attempts at reconciliation. (KunhiMd v. AyshaKutti
2010)

NEED OF THE HOUR ! Triple Talaq needs to be regulated by a statute on the lines of Muslim family Law ordinance (Pakistan & Bangladesh) which provide for compulsory attempts at reconcilliation.

About these ads