Marriage
or "Nikah" in Islamic law is a contract pure and simple needing no
writing and no scared rites. All that is necessary is offer and
acceptance made in the presence and hearing of two male or female
witnesses and recording the factum of marriage in the "Nikah" Register
maintained in every mosque signed by the parties and attested by
witnesses. It is payable to the wife on the dissolution of marriage or
death or divorce. In India, there is no need to register the Muslim
marriage, as there is no law requiring registration.
There
are six forms of divorce recognized under Islamic Law. They are Talaq,
Talaq bu Tafweez, Kula and Mubaraat, Illah, Zibar and Lian. Talaq
confers on Muslim husband the privilege of being able to discard his
wife whenever he chooses to do so for reasons good, bad or indifferent
indeed for no reason at all. Talaq-i-Tufeez is the exercise of the right
of divorce by the wife by virtue of the power delegated to her husband
at the time of marriage or even thereafter, Kula and Maturate are two
forms of dissolution of marriage by consent. It is thus a kind of
divorce by mutual consent. Illah is a constructive divorce in which the
husband swears not to have sexual intercourse with his wife for 4 months
and abstains from doing so. Zihar is a mode of divorce in which the
husband compares his wife with his mother or any other female within
prohibited degree. Lian is a divorce in which there is imputation of
adultery to the wife by the husband and the wife is entitled to file a
suit for dissolution of marriage on the false charge of adultery.
The
Dissolution of Muslim Marriage Act, 1939 enables a Muslim wife to seek
divorce through court on the ground of, whereabouts of the husband are
unknowns for 4 years, failure of husband to provide for the maintenance
of the wife for 2 years, sentence of imprisonment of the husband for 7
years, failure to perform martial obligations, impotency of the husband,
or insanity of the husband, Repudiation of marriage by the wife before
attaining the of 18 years cruelty of the husband and any other ground
relevant at that point of time.
Divorce in Islam: Lal Mohd
Many
people of other religions believe that a married Muslim man can
dissolve his marriage at any time by saying to his wife: "Talaq, talaq,
talaq" at one occasion of his own free will and desire. ("Talaq" means
"I divorce you.") This motivated me to study the the actual existence of
this method of dissolution of a marriage in Islam. After solemnization of marriage between parties, if some problems arise, the husband may divorce his wife. The question is how he divorces his wife, and whether pronouncement of divorce three times at one occasion is valid.
Zeenat Shaukat Ali, Professor of Islamic Studies St. Xavier's College, Mumbai published an article in the Indian Express with title: "Divorce, Divorce, Divorce." He attempted to clear up misconceptions by Muslims and others about the triple pronouncement of Talaq.
The main points in his article were:
Talaq and divorce are strongly condemned within Islam.
In
case of difficulties within a marriage that the husband and wife cannot
solve by themselves, each shall appoint an arbitrator or conciliator to
resolve the matter. ( 4:35): "If the fear Shiqaq (breach) between the Twain, appoint (two) arbiters, one from his family and other from hers, if they wish for peace, ALLAH will cause their reconciliation."
TALAQ-UL-BIDDAT or triple TALAQ: It is important to understand that the word "biddat" itself means disapproval or something the prophet never did or recommended.
Caliph Umer legitimized this form of divorce as an emergency measure.
Most Muslims believe that there shall be a interval of of one month between each "taliq" pronouncement. If the during these pronouncements, the wife disobeys the lawful order of her husband, he may divorce her. During this time of breach they should take measures to reconcile by themselves or with the help of their relatives etc. All efforts as provided in the Qur'an and Sunna should be made to avoid a breach of the marriage.
The triple pronouncement of TALAQ has been "...banned by law in many nations, including Turkey, Tunisia, Algeria, Iraq, Iran, Indonesia, and Bangladesh. India still permits it." 1 In all such countries arbitration councils and judicial interventions have been introduced to promote reconciliation.
Offices staffed by female police are being established in Punjab state, India to redress grievances, particularly by married women. These facilities promote arbitration to help reconcile the couple. When all efforts fail, the matter is referred for investigation and later to the court for a trial.
I hope that people of the Islamic faith will learn from the above discussion on divorce and become aware of the controversial practice within Muslim marriages of the triple pronouncement of Talaq at one occasion which I believe is Un-Islamic and Un-Qur'anic. Avoiding that practice will create proper respect, honor and adoption of the Holy Qur'an and Sunna (Observing the path) of Prophet Mohammad.
May peace be upon Him and on us of Almighty ALLAH ! Ameen.
Great blog. All posts have something to learn. Your work is very good and i appreciate you and hopping for some more informative posts.
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