If you are an avid news follower, then you must be knowing that these days the Supreme Court is hearing petition against ‘Triple Talaaq’, which is a custom of Islamic culture. To go into the roots of the entire issue, let us first understand about marriages and divorce as per Islamic regulations.
What is Nikaah?
Nikaah is an official Islamic term that is given to the marriage that takes place between the muslims. In the ceremony, a contract is drawn between both the parties whereby all the terms and conditions are mentioned. The groom has to give Meher (conditions and compulsory consideration) to his bride that is paid at the time of marriage. Their marriage is more like a contract that is drawn between husband and wife.
In Islamic religion, everything is followed as per Sunnah (deeds of prophet). However, the procedure of divorce is different than that proposed by the prophet. Muslim women bodies want the adoption of ‘Talaaq-e-Sunnah’, which is a process of divorce as per prophet’s saying as well as Quranic diction. They are opposing unislamic ‘Talaaq-e-Biddah’, which is a mode of divorce propagating instant divorce proposed by Caliph Umar.
What is Talaaq-e-Sunnah?
According to Sunnah, giving talaaq in anger is prohibited. If one desires to give talaaq then a step-by-step procedure needs to be followed.
- Faizu Hunna is the first step towards divorce where the husband needs to have a conversation with his wife and try to settle the dispute and differences through mutual understanding.
- If the first step fails, then there comes a second stage- Wahjuru Hunna. In this stage, both the parties refrain from conjugal act till settlement.
- If second stage fails, then they need to follow a third stage- Wazribu Hunna. In this stage, the husband talks to the wife about the gravity of the situation and tries to make peace with her.
- Then comes the fourth stage-Arbitration. In this stage, a member from both sides is present and the parties try to amend in their presence. If this stage also fails, then the husband can request the first divorce.
When husband calls out for the first divorce, it is the choice of his wife to either accept it or reject it. If she accepts it then that is termed as giving ‘Iddah’. Iddahs are three monthly courses where husband and wife are given time to sort out differences. After the period of Iddah, the second talaaq can be filed followed by the final talaaq.
What is Talaaq-e-Biddah or instant talaaq?
It is an unislamic practice of instant divorce whereby women are divorced through skype, SMS, phone calls and messages. Women are opposing this practice as this does not allow them to accept or reject divorce. If their husband declares divorce in anger, it is granted forever.
Do women have right to divorce?
Yes, women have the right to give divorce through two ways- Talaaq-e-Tafweez and Talaaq-e-Khula. By Talaaq-e-Tafweez women asks for a divorce, ends the contract and it is her husband’s will to either accept or reject it. The second way, Tallq-e-Khula entitles women to end the contract and return Meher to her husband. In this method also, husband’s acceptance is necessary.