If one reads the Quran, they would know that though the right to divorce is mentioned, it is also considered the most despicable of things in God’s eye. Nazia Erum shares the essence of the fight against triple talaq
Heavy weight names joined the triple talaq fray at the Supreme Court’s hearing comprising of a multi-religious bench. With the Chief Justice himself chairing the bench, we heard comments from eminent lawyers like Indira Jaisingh, Kapil Sibal, Salman Khurshid, Anand Grover amongst others.
At the outset of the hearing, Chief Justice Khehar asked the question whether ‘triple talaq’ was fundamental to Islam. On day two of the hearing, Justice Kurian Joseph asked, “Can something which is considered abhorrent by religion be validated by law?” These question set the right tone and in itself answers many others.
If one reads the Quran, they would know that though the right to divorce or talaq is mentioned, it is also considered the most despicable of things in the eyes of God. At the same time, the Quran does recognise the need of a procedure for divorce if a marriage falls apart for any reason. Further there are very strict rules of talaq prescribed.
The two methods for divorce are known as talaq-e-hasan and talaq-e-ehsan, both of which must undergo a period of three months from the first pronouncement to the last. Attempts at reconciliation and arbitration take place in the former method. There is no legitimacy in either method in pronouncing the word talaq thrice over a few seconds in one go. This practice has rightfully been named talaq-e-biddat or the divorce of wrongful innovation.
Of course, this so-called ‘instant triple talaq’ has been done in several countries where Islamic law prevails. In court senior counsel Amit Singh Chadha told the Constitution Bench that if Islamic countries can do away with it then surely it is not an essential part of Muslim religion.
The confusion comes from perhaps many of your patriarchal institutions that are not only redundant but also increasingly sounding so with comments like “Triple talaq is a non-issue”. Who is it a non-issue for? The man who leave his wife in a matter of seconds without evening turning to look back? Or think twice? Arbitration and cooling off periods are advised in the most modern of laws. If the Quran also advises the same, why the ferocious holding on to a divorce procedure that is a wrongful innovation?
Assailing the practice of triple talaq, senior counsel Indira Jaising said during the hearing that if the free informed consent of the woman was imperative for the union of two people in marriage, then how could the unilateral act of divorce survive. The Islamic marriage is a civil contract between consenting adults. The nikahanam that stipulate the terms of this contract and has two witnesses for the same, should ideally also include terms of divorce, maintenance, child custody. Many nikahanama also include provisions for respect of each other’s career ambition and disallows polygamy. Unfortunately very few Muslim women, even if educated, are aware of their rights in inserting these clause in to the nikahnama. So while Islam empowers us, the patriarchy dis-empowers us. And this is the essence of the fight on triple talaq.
DIVORCE METHODS
- The two methods for divorce are known as talaq-e-hasan and talaq-e-ehsan
- Both must undergo a period of three months from the first pronouncement to the last
- There is no legitimacy in either method in pronouncing the word talaq thrice over a few seconds in one go
Nazia Erum is a TEDxSpeaker and author of forthcoming book ‘Mothering a Muslim’
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