By holding 'instant triple talaq' unconstitutional, the Supreme Court has definitely struck a decisive?blow to an evil practice that is neither granted by the Constitution of India nor validated by the holy scriptures of Islam. All parties involved - for whatever reason - might be jumping with joy now, but their instant reaction to the verdict clearly reflected that they were clueless about the technicalities of the issue, that is, the difference between instant triple talaq and triple talaq. ?
AFP
The judgement that brought women right activists, ?Muslim Personal Law Board, media, intellectuals and who¡¯s who of the society under one umbrella, was initially perhaps mistaken and misunderstood.
Yes, it was.
AFP
The apex court bench of five judges banned the instant triple talaq and not the triple talaq and set aside the practice by a majority of 3:2. Yes, triple talaq and instant triple talaq are two different concepts by which couples get separated. Instant triple talaq has been criticised in Quran and other Islamic scriptures.?
Let us try to understand what they stand for.
Instant triple talaq or talaq-e-biddat is a practice in which husband spells out the word talaq three in one go-either in a single sitting, or through phone and text message. It not only violates the original concept of triple talaq, but also demeans in the sanctity of the institution of marriage. Some clerics and jurists, however, ?have declared such form of divorce immediate and irrevocable. This has only given space for a debate that has been going on for centuries.
AFP
Even if the husband wants to reconcile and go back to his wife, the way out is nikah halala, which means the woman should remarry and consummate the second marriage, get divorced, follow the three-month 'iddat' period and return to her first husband.?
Islamic scriptures such as Quan and Hadith too look down upon this practice and is banned in most of the Muslim majority countries including our neighbour Pakistan.?
Triple talaq,?also known as ¡°talaq-ul-sunnat¡± is the ideal practice to dissolve marriage among Muslims and it¡¯s a three-month long process in which couples like the courts in India get many chances of reconciliation before the final separation.?
Reuters
Under this practice, once the husband pronounces talaq, the wife has to observe of three month period called iddat. It covers three menstrual cycles during which the both with the help of families and others can talk, mitigate the differences and consider reconciliation. In case of cohabitation between the couple, during these three months, the talaq is revoked.?
But if the period of Iddat expires and the husband doesn¡¯t revoke the talaq, then the talaq is irrevocable and final.
Another, a way of separation is by pronouncing talaq thrice during the period of three months. Here also, the couple has an opportunity to reconcile with the help of arbitration.
So, apart from the misused concept of 'instant triple talaq' there is a need to understand the ways that are Islamic in nature and allowed by the Indian constitution.?