Banning ‘Triple Talaq’ in India

In recent years, Muslim women in India have publicly raised issues of unfair treatment at the hands of their unjust husbands, triggering wider debates on the reform of Muslim personal law in a secular country. As it happens, an unscrupulous husband  makes an oral pronouncement or a simple declaration of 'Triple Talaq’ by sending an e-mail/mobile phone text message/WhatsApp/Facebook/Twitter posts, etc.- to his wife and such a communication would apparently result in instant and irrevocable divorce, valid for the purpose of the Muslim law.  For, ‘Talaq-e-Bidd’at’- an irregular form of divorce under Muslim Law- does seem to allow men to simply evade their marital obligations with their wives and to end the spouse relations without any regard for the ethical framework of the Qur’an and the Ahadith on matrimonial justice. Indeed, a grave distortion of the Islamic institution of divorce has been created in recent times by rotten husbands, leading to an unfortunate public perception that a Muslim husband may put away his wife at his mere caprice. Seeking to prohibit and penalize this kind of deviant practice -‘Talaq-e-Bidd’at’- that is tilted against Islamic values, women’s rights and gender justice;  India recently announced a new national legislation entitled the ‘Muslim Women (Protection of Rights on Marriage) Act, 2019.   

'Talaq': Use and Abuse of Divine Law

“And if you fear dissension between the two, send an arbitrator from his people, and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing and Acquainted.” 

                 ----(An-Nisa 4: 36).

My Friday Sermon (Jumu’ah Khutba) today is on the subject of divorce (Al-Talaq).

Islam places great emphasis on marriage in the sense that it is a sacred contract that cannot be broken for vain and trivial reasons.

Although Talaq (divorce/ repudiation) is allowed, it must be considered that from among everything which is allowed, Talaq (divorce) is the most hated thing, the most abhorred by Allah and it is permitted insofar that it does no unjust damage. 

It should in no way be used as part of some ruse which acts as a pretext for divorce. It can happen that the husband does not like a particular behaviour of his wife and that he has had enough of her. This is not sufficient to justify his request for divorce (Talaq). He must not consider only the negative side of his wife but on the contrary he must assess her good qualities that may well be greater than the defects. A separation may as well have a detrimental effect on the behaviour of the couple’s children (if any) who may become easy prey for Satan.

Husband and Wife: Rights and Limits

Men are guardians over women by (right of) what Allah has given one over the other and what they spend from their wealth. (An-Nisa, 4: 35)

In the same verse Allah (swt) continues to say that righteous women should be devoutly obedient, guarding in (the husband’s) absence what Allah would have them guard, even if nobody is watching them.

Therefore, based on this Qur'anic verse, the husband’s responsibility to fulfill his duties towards his wives is as important as those of the wives (or wife, should he have only one) towards their husband. And the Qur'an makes us understand that a husband has a little more authority upon his wife/wives than the latter upon him.

This verse of the Qur'an also shows that both man and wife enjoy each, rights (which have been bestowed to them by Allah) and which they have the right to demand from each other. And Allah (swt) has also showed the relation and responsibility which must exist between husband and wife whereby each one knows his/her rights.

 

Allah says in the Holy Quran: “They are an apparel (garment) for you and you are an apparel for them.” (2: 188)

By revealing this verse, Allah (swt) wanted to make us understand that the rights of both the husband and wife are equal. You all know that garments are meant to cover our body, especially its defects. Moreover, garments are means to embellish ourselves, man and woman and to protect us from heat and cold.

By likening the husband and wife as garments, Islam wants to show that a good wife is one who protects the honour and dignity of her husband, and she does not go outside and relate to creatures the defects/weaknesses of her husband, and similarly a good husband is one who does not humiliate, blame or relate the defects/weaknesses of his wife with others. This is the beauty of Islam, whereas the garment mentioned means Purdah (covering). The beauty therein is the way in which the woman must neither uncover her beauty nor her clothing before other men. She is to reserve that right to her husband. As for the husband, he is to remain loyal to his life (he must not lead a bad life). It is then that there shall be peace, tranquillity and blessings in their household.