triple Talaq

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.