Triple
Talaq in Islam (Part 2)
My
warm greet to my all readers, I am back with same question that I kept open in
my last blog on “Triple Talaq”. After that blog I got so many comments that, I do not know Shariyat and Hadith therefore I should not write all this.
I took them very optimistically and I am here again to answer them. This blog
is going to deal with Talaq discussed in Quran and Hadith. No doubt I am pure Muslim and Hanafi Sunni
fallowed “Ala-Hazart” and want to clear one thing that my blog does not favour uniform civil code as that is purely a separate zone need a detailed
discussion which I will do surely in my next blog. The focus of this blog is to
make all world clear that what really Islam says about “triple Talaq” or “Talaq-ul-Bittat”.
Quran (Surat
At-talaq)
At-Talaq
is not only the name of this Surah but also the title of its subject matter in Quran,
for it contains commandments about Talaq (divorce) itself. Hadrat `Abdullah bin
Mas`ud has described it as Surah an-Nisa al-qusra also, i.e. the shorter Surah
an-Nisa. This Surat discuss Talaq in
detail I will focus on the relevant part
only which can be discussed as fallow
“O
Prophet, when you [Muslims] divorce women, divorce them for [the commencement
of] their waiting period and keep count of the waiting period, and fear Allah ,
your Lord. Do not turn them out of their [husbands'] houses, nor should they
[themselves] leave [during that period] unless they are committing a clear
immorality. And those are the limits [set by] Allah . And whoever transgresses
the limits of Allah has certainly wronged himself. You know not; perhaps Allah
will bring about after that a [different] matter.”
These
are the wording of Quran where Allah says Prophet Mohammad ( S.a.a.w) that
divorce women during their first month i.e Tuhar period and wait for next till
all pronouncement completed and whosoever
does not obey Allah is certainly a wrong doer.
Certainly
I have no authority to interpret Quran
according to my understanding I am not a capable person to do so but we
Muslim believe in fallowing Hadith and consider them the real authority and
believe that Quran is to be read in the light of these authorities. These
authorities are Sahih Muslim, Sahih Bukhari, Ibn Majah ,Mishkat Sharif, Tirmidhi Sharif, & Sunna Abu Dawood. So let’s study the above verses of Quran in
the light of these Hadith one by one.
Sahih
Muslim (http://www.iium.edu.my/deed/hadith/muslim/009_smt.html)
Book
no 9 Page no 3491
Says
that “bn 'Abbas (Allah be pleased with them) reported that the (pronouncement)
of three divorces during the lifetime of Allah's Messenger (may peace be upon
him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be
pleased with him) (was treated) as one.But Umar b. Khattab (Allah be pleased
with him) said: Verily the people have begun to hasten in the matter in which
they are required to observe respite.So if we had imposed this upon them, and
he imposed it upon them”
Book
9, Number 3492:
Abu
Sahba' said to Ibn 'Abbas (Allah be pleased with them): Do you know that three
(divorces) were treated as one during the lifetime of Allah's Apostle (may
peace be upon him), and that of Abu Bakr, and during three (years) of the
caliphate of Umar (Allah be pleased with him)?
Ibn
Abbas (Allah be pleased with them) said: Yes.
Book
9, Number 3493:
Abu
al-Sahba' said to Ibn 'Abbas: Enlighten us with your information whether the
three divorces (pronounced at one and the same time) were not treated as one
during the lifetime of Allah's Messenger (may peace be upon him) and Abu
Bakr.He said: It was in fact so, but when during the caliphate of 'Umar (Allah
be pleased with him) people began to pronounce divorce frequently, he allowed
them to do so (to treat pronouncements of three divorces in a single breath as
one).
From
the above three hadith discussion it is
clear that Sahih Muslim clearly states that Triple Talaq was not allowed at the
time of Prophet Mohammad (S.a.a.w).
Sahih
Bukhari ( https://www.sahih-bukhari.com/Pages/Bukhari_7_63.php
)
Volume
7, Book 63, Number 178 :
Narrated
by 'Abdullah bin 'Umar
That
he had divorced his wife while she was menstruating during the lifetime of
Allah's Apostle . 'Umar bin Al-Khattab asked Allah's Apostle about that.
Allah's Apostle said, "Order him (your son) to take her back and keep her
till she is clean and then to wait till she gets her next period and becomes
clean again, whereupon, if he wishes to keep her, he can do so, and if he
wishes to divorce her he can divorce her before having sexual intercourse with
her; and that is the prescribed period which Allah has fixed for the women
meant to be divorced.
Volume
7, Book 63, Number 179 :
Narrated
by Anas bin Sirin
Ibn
'Umar said: "I divorced my wife while she was menstruating. 'Umar
mentioned that to the Prophet . The Prophet said, (to my father), "Let
your son take her back." I asked (Ibn 'Umar), "Is such a divorce
counted (i.e. as one legal divorce)?" Ibn 'Umar said, "Of
course." Narrated Yunus bin Jubair: Ibn 'Umar said, "The Prophet said
to 'Umar, 'Order him (Ibn 'Umar) to take her back.' " I asked, "Is
such a divorce counted (as one legal divorce)?" Ibn 'Umar said, "What
do you think if someone becomes helpless and foolish?"
Volume 7, Book 63, Number 180 :
Narrated
by Ibn 'Umar.
(Divorcing
my wife during her menses) was counted as one legal divorce.
The
above two Hadith are most universally accepted so I concise my study with
discussion from these two Hadith.
From
the above discussion it became clear
that Triple Talaq have no place in Islam and it come in existence after Prophet
Mohammad (S.a.a.w) . There are some Hadith which says that if one pronounce Triple
Talaq at once than Talaq will be complete but such Talaq is certainly not good
form of Talaq.
Question
became more complicated when I deepens my
study but one thing is still certain that it is not the good form of Talaq.
I made discussion about this topic
with some Muslim authorities and tries to find their views. Their attitude
towards me was very repulsive yet somehow I convince them to discuss on this.
They also have same view with different approach. They say no doubt it is bad
in Islam but nowhere it is directly stopped by Allah or Prophet Mohammad (s.a.a.w)
in Islam so you cannot stop this fallowing. Doing so will be direct
interference in to Islamic law which can not be allowed.
I
do not understand there logic but yes I understand one thing that it has became
a very complicated issue due to some orthodox people who are making their bread
on this fire.
Question
still remain open and to be decided by court of highest jurisdiction in the
light of Islam. But me as a lawyer and true Muslim condemn this practise and
ready to face the consequences of this blog. As a man of understanding and giving
detailed study to the subject Islam nowhere recognize this practice. So my
massage in last is Islam never provide
low value to any women and it safeguard its right at supremacy.
Thank
you for
reading my blog if you find worth do share and like my blog that provide me
courage to write more and more. Rest my motion.
