Good
morning dear readers;
I
am back with my own personal views on the burning topic “Triple Talaq”. I know it is very delicated topic as it involves religion but
being a Muslim and a lawyer it is my duty to put my view with full impartiality.
Yesterday
my senior asked me what is your view on Triple Talaq and whether it should be declared unconstitutional or not , or Supreme Court have power under Indian constitution
to interfere into religious matters as all religions are protected under article 25 and so on in Indian constitution. My
answer to him was negative and this question made me to write this blog.
I
am not going to peep in to the power of supreme court or giving it a litmus
test nor I am interested in checking the constitutional validity of “triple
talaq or talaq-ul-bidadt” indeed I am interested to check its Islamic validity.
How far Islam recognise triple talaq. Before getting into the question I
would like to make few things clear to my readers who are from non law backgrounds.
Islamic
law is based upon four main sources: [sources of law mean the ground in which Islamic
law is based]
1 The
Quran
Quran is the first source of law. Muslims
believe the Quran to be the direct words of Allah, as revealed to and
transmitted by the Prophet Muhammad. All sources of Islamic law must be in
essential agreement with the Quran, the most fundamental source of Islamic
knowledge. When the Quran itself does not speak directly or in detail about a
certain subject, Muslims only then turn to alternative sources of Islamic law.
2 The
Sunnah
Sunnah are the traditions or known practices of the Prophet Muhammad, many of which
have been recorded in the volumes of Hadith literature. The resources include
many things that he said, did, or agreed to -- and he lived his life according
to the Quran, putting the Quran into practice in his own life. During his
lifetime, the Prophet's family and companions observed him and shared with
others exactly what they had seen in his words and behaviours -- i.e. how he
performed ablutions, how he prayed, and how he performed many other acts of
worship. People also asked the Prophet directly for rulings on various matters,
and he would pronounce his judgment. All of these details were passed on and
recorded, to be referred to in future legal rulings. Many issues concerning
personal conduct, community and family relations, political matters, etc. were
addressed during the time of the Prophet, decided by him, and recorded. The Sunnha
can thus clarify details of what is stated generally in the Quran.
3 Ijma (consensus)
In
situations when Muslims have not been able to find a specific legal ruling in
the Quran or Sunnah, the consensus of the community is sought (or at least the
consensus of the legal scholars within the community). The Prophet Muhammad
once said that his community (i.e. the Muslim community) would never agree on
an error.
4 Qiyas
(analogy)
In
cases when something needs a legal ruling, but has not been clearly addressed
in the other sources, judges may use analogy, reasoning, and legal precedent to
decide new case law. This is often the case when a general principle can be
applied to new situations.
So
from above discussion I can conclude you that if anything is not provided in
Quran than only other sources will be seen but if anything are very much
clearly given in Quran than there is no need to seek answer to that from other
sources. Talaq is very well discussed in Quran
Sūrat
aṭ-Talāq (Arabic: سورة الطلاق, "Divorce") is the 65th sura of the
Qur'an with 12 ayat. At-Talaq is not only the name of this Surah but also the
title of its subject matter, for it contains commandments about Talaq (divorce)
itself. Abdullah ibn Masud has described it as the shorter surah An-Nisa. The
surah also defines the time period of Iddah to be three menstruation periods,
three months if menstruation is not applicable, and in case of pregnancy it is
the delivery of child. After addressing the topic of divorce and a number of
other resulting family issues in first 7 ayaat.The surah then strongly urges
people to observe God’s regulations and guidance, and reminded the fate of
earlier disobedient people that the apostate and disobedient were chastised for
their sin. Then 11th ayah describe the required attitude of the true believers
that they exhort to faith in messenger and the regarding bounties.Finally God’s
power and knowledge are emphasized at the end.
Now
coming back to my question of triple Talaq. Quran nowhere talks about triple Talaq
its only recognised Talaq-ul- Sunnat i.e Talaq after complete thinking within
period of three months. But some so called learned scholars of Islam has given
it the widest interpretation which is not allowed in Islam especially for
matters which are directly discussed in Islam. They interpreted this Surat with
some Hadees and said that triple talaq is allowed. Whereas Prophet Mohammad
itself says in one Hades that Fallow Quran first and if do not get answer there
than fallow Hadees and so on. He never intends to improvise law of Quran with the
help of Hades.
Secondly
triple talaq is known as Talaq-ul- bidat in Islam. The word bidadt mean “innovation”
so it means triple talaq is innovation to what is provided in Islam. Which is
not allowed in Islam?
Thirdly
Islamic board says to Supreme Court in an affidavit that Supreme Court cannot
interfere in religious practises than I want to make clear that what is protected
by constitution is religion and not practices which are not recognised by Quran
even. Suppose tomorrow child marriage became practise in Islam will it be allowed
of course not that is not allowed in Islam and not recognised in constitution?
So
ending with my blog keeping question open for you all to decide whether triple
Talaq is Islamic or not.
