Matter of tripple tallaq in Indian society
By Haroon Mozawala
Our some educated sisters every now & then express their concern over the present complication of some divorced ladies and want a remedial for this.
Any sincere effort to protect women from injustice is highly appreciable.
Let us ponder our attention that whether amendments in law or implementing any new law can change the situation? Recently hundreds of rape and brutally killed women cases have created a hue & cry. in our nation and Govt. have drafted very strict laws, to save our sisters from this pitiable condition but these laws have not changed the situation, in the same way there are strict laws to abolish corruption from the society but corruption prevails in the full swing.
These examples prove that drafting laws is not the solution of the problems, but it is highly necessary to reform the society by educating, developing their mind, by inculcating morals and make the society to realize that we are accountable in the court of Almighty.
For this cause we should prepare team of educated gents and ladies who show their concern about divorced ladies must co-ordinate with All India Muslim Personal Law Board and determine to educate each and every family to understand Shariah law:
In Islam Tallaq is a disliked act, it is only permissible in very exceptional case, when a wife is facing very hard life due to alcoholic husband, or due to any other unbearable and intolerable situation, she should not feel herself helpless and in order to get rid from the husband she has no other way but to commit suicide. In the same way if any wife create circumstances and prestige of husband’s family destroyed or feels children’s minds get spoiled due to wife’s behavior, then husband should not kill her to get rid from the life-partner. In order to save families to take the drastic steps Tallaq is a bitter remedy. This is the only reason that in British period Hindus have adopted divorce law, before that in Hindu society suicide was the only solution to get rid from the unbearable spouse.
We should reach each and every family and educate, that Islam does not like separation, it admires settlement, it emphasized to give complete justice to wife.
In case anybody feels that his / her spouse is committing nuisance must try to reconcile and correct it politely and respectfully, if it does not work then appoint an arbitrator one from wife’s side and other from husband’s side and one impartial person, and try to correct the situation, if this procedure fails then some other alternate procedures are to be adopted to prepare the spouse to remove their differences or to correct their mistakes an live peacefully.
If all the above mentioned procedure prove in vain, then Islam allows to pronounce only one revocable Tallaq that is when current menses are over, because in menstruation period due to flow of extra blood lady may become weak and weakness makes her irritable. Annoyed or peevish, so husband should tolerate, and when menses are over then only he is entitled to pronounce only one revocable Talaq. Then the iddat period starts which ends after passing 3 menstrual cycles, during iddat if both reconsider and prepare themselves to rejoin, then are eligible to re-unite, and if do not decide to rejoin and are satisfied with the separation then, after passing the iddat period wife is not supposed to wait the pronouncement of 2nd Talaq and can marry with any person of her choice, because one Talaq is sufficient for complete separation.
We must accept that in every field rules and regulation are essential, for example cancer is a very serious and dreaded disease. For the treatment patient is usually prescribed to take doses of chemotherapy regularly. Suppose a patients advised to take three doses of chemotherapy at the interval of 30 days, and he is advised that he must be very particular in taking dozes on proper day & date, if he will take the medicine on 31st day then the effect of first doze may reduce, so he is very strictly advised to follow the instruction of doctor.
But if a patient Mr. X does not follow medical instructions and takes three dozes at once thinking that why should I wait for three months? and then due to his foolish step he becomes very serious at that time if all sympathisers of Mr. X rush to the doctor and request him that please you change your rule and make three dozes as one and allow the patient to live normal life, then what will be the reply of sympathetic doctor that patient must follow the rules and for the fault of patient medical principles cannot be changed.
So considering all above mentioned facts we should educate masses and try to abolish system of pronouncing tripple Tallaq at once. This is the only remedy to reduce ratio of Tallaq from the society.
According to Shariah pronouncing three Tallaq instantly is a mortal crime the person who does not follow this procedure is sinful and criminal.
So we all should jointly work hard to educate the masses to save the community from injustice.
As the above mentioned Shariah law is quite just and fair, so there does not arise question of amendment in the law, but as Muslim personal law board is trying to educate the masses, we all should join hands with the Board. The team which is having extra-ordinary influence in print and electronic media, must use all the resources and educate husbands to follow above mentioned Shariah law and husbands should understand that if they will utter three Tallaq instantly they will be criminals in the eyes of Shariah and for criminals any comfortable law cannot be constituted
Haroon Mozawala Mumbai based social activist and Member of All India Muslim Personal Law board. He can be reached on +91 9322298492