Friday 4 November 2016

Triple Talaq (part 2)


 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). 


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.