By Anam Rais Khan for TwoCircles.net
“The most hated of the Halaal (lawful things) to Allah is divorce.” Recorded by Abu Dawood, Ibn Maajah and Al-Haakim from Ibn ‘Umar. Al-Albaanee graded it Dha’eef (weak) in Dha’eef ul-Jaami’, #44, Al-Irwaa’, #2040, and Al-Mishkaat, #3280.
Triple talaq as a distorted version of “Talaq ul Hasan” needs to be banned, and there’s no doubt about it. People need to be made aware of exact meaning of triple talaq. It can never be pronounced in one go as is usually misunderstood and practiced due to lack of knowledge and popular notions and perceptions. I still laugh at how saying ‘talaq talaq talaq’ in one go made divorce effective in the movie Nikah.
(For representational purposes only)
Those who have read the Muslim law know that triple talaq is pronounced in three gos in two kinds of valid ways of pronouncing talaq- “Talaq ul Ahsan” which means the best way of talaq and “Talaq ul Hasan” meaning good/permissible form of talaq.
Firstly Quran makes it very clear that before moving on to any formal pronouncement of talaq, there should be discussions to solve any disputes and also some arbitrators to be appointed from both sides and if still things don’t work, one may go ahead with first talaq.
The best way of Talaq is Talaq ul Ahsan which the best practice or form of giving divorce. It involves that one may pronounce Talaq at one time then wait for three periods of tuhr/three months and during this period, talaq can be revoked. In case one does not revoke, divorce becomes effective and they are no longer husband and wife.
However, remember this is only the First Talaq and suppose after few months or years also they think they were wrong and want to come back again, they will have a fresh nikah and new mahar.
Suppose even after this, differences arise in future and one pronounces Second Talaq and again wait for three months and doesn’t revoke it, second talaq becomes effective. Even after this, they can marry again with a fresh nikah and new mahar.
However, if this happens for the third time in their life and third talaq is not revoked within period of three months after it was pronounced, it becomes final and binding and one can not marry the same person again.
This condition was kept so that the pious relationship of marriage should not make a mockery of giving talaq and marrying again and again, so that people think seriously before giving talaq.
In Talaq ul Hasan, which is also permissible form, once talaq is said or written, it can be revoked up to first period of tuhr meaning almost a month; then second talaq is pronounced which again can be revoked before a month and then third talaq is final and binding.
Hence Muslim law gives you three chances to get back and reconcile your differences because it is natural at times that you may regret your decision and later you wish to revoke the same.
“Talaq talaq talaq” pronounced in one go is Bidat, meaning it is an innovation in Islam. This practice has no reference in Islamic law and is a distorted version of the same.
This “distorted version” needs to be banned as soon as possible, and I would be amongst those arduously speaking and working for its abolition.
The author is an alumnus of Aligarh Muslim University and currently practises law in Sydney, Australia