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The Triple Talaq Fiasco: Essay, Article, Short Note Speech

The Triple Talaq Fiasco: Essay, Article, Short Note Speech

Introduction (Essay on Triple Talaq Issue)

Triple Talaq (Talaq…Talaq…Talaq…) Apparently, that’s all it takes for a Muslim man to divorce his wife.

Recently the case of Triple Talaq and its implications have been talked about extensively by the media, especially in the wake of the Supreme Court case filed by the Muslim Women crying out injustice.  The plea filed in Oct 2016 did finally come to a rest in May 2017, with no stringent verdict as such; other than the SC recommending the AIMPLB to have a contract wherein a bride can choose to not agree to triple talaq, before the marriage itself. Although this doesn’t really help much, it is one step forward for an entire community where the females lived in a fear of being divorced any day if her husband decides to say Talaq thrice or if he would even “Whatsapp” it to her. At least now, women can disagree to this unfair practice before getting into a marriage.

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Historical relevance

As different and weird and fascinating this practice may seem to some of us right now, it is important to know how this even came about and whether it is binding according to the sayings in the Holy Quran.

The scriptures in the Quran do not validate or encourage any sort of divorce and rather calls for both the parties to talk out their differences and try to reconcile. And although there exists a practice of divorcing by saying Talaqthrice, there should be sufficient time period between each pronunciation of ‘Talaq’ which should at least cover one menstrual period of the wife. This gap in between is also given in hopes of reconciliation. Even in the scriptures, the Talaq is finally granted when arbitrators from both sides evaluate the condition and agree that there can be no reconciliation whatsoever.

But in India, the Muslims, especially those from an economically lower stratum, follow the concept of divorcing thrice in one sitting, be it with a sane mind or in a fit of rage and angst. This comes from a story in the Quran where Umar, the Second Caliph thought that it would be appropriate to enforce this since men were making a joke about the talaq by reconciling with their wives after saying talaq for nonsensical reasons. Umar felt that it would be mentally harassing to the wives who would then be stuck in a vicious cycle and therefore encouraged the men to say it at once and leave. But it has to be noted, that the Caliph did this at a time wherein the socio-historic situations were such that only this would enable welfare of the society; whereas if enforced now, it will only lead to a lot of unfair divorces and resentment.

There actually are a lot of maulvis and Muslims who have tried to justify this practice but they have just bypassed the injustice and wrongs that are being faced by the woman. A Muslim married woman would always have to live with the fear of being abandoned by her husband in a fit of rage. Any small fight between the couple can be blown out of proportions if the husband utters Talaq thrice and no part of this is fair because the authority and choice of divorcing the other only lie with the male. The female may have to grovel and fight against the entire society in order to divorce the husband and still have to hear the taunts and whispers of people, but on the other hand, the husband can just say Talaq thrice and move on with his life. What part of this is justified and fair?

Conclusion

Although the case closed and verdict announced, it doesn’t really allow for much changes in the existing marriage. At most, it brings hope to brides-to-be since they can opt-out of an option of Triple Talaq. But then it is also a point to be noted, that the court does not really interfere much into changing cultural beliefs which may lead to a backlash of extreme proportions; rather it is the Muslim Community themselves who can bring about a change.

Be the change you want to see and then see the change that you wanted to be.

Disclaimer:

This article is not intended to hurt the feeling of any people or religion. We have shared our views.

About the author

Saiswati Iyer

Student. Marketing and Advertising enthusiast. A budding writer who looks forward to complications in every step and translates every moment of life into words.

1 Comment

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  • Very good right up but legally it’s not 100% correct. The minority decision of C.J. put an injunct, however, the majority decision nullified the triple talaq system itself. You will be glad to know that Protection of Muslim Women on Marraige Bill 2017 is ready n will hopefully be passed by majority.

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