The Questions and Protests Raised
Before we discuss all the issues that have been taking place regarding Triple Talaq in our country, we’ll explain to you what it actually is. There is the Nikah system in the Muslims, Nikah is essentially a contract laid down in a ‘Nikahnama’ drawn between the husband and the wife. This contract can have conditions and has a compulsory ‘consideration’ (Meher) to be paid at the time of the marriage. This consideration is paid by the man to the wife and can be at time waived off by the woman as per her own will.
So to explore the question of triple talaq, one must understand that in Islam, everything is followed as per Sunnah (Deeds of the prophet). Hence, most Muslim women bodies opposing ‘triple talaq want the Muslim bodies to adopt ‘Talaq-e-Sunnah’ and discard ‘Talaq-e-Biddah’.
According to the Prophet’s sayings, giving talaq to a wife in a fit of rage or anger is strictly prohibited. The Quran advises the husband to settle the differences through a mutual conversation as the first step. If the differences continue between the husband and the wife, the parties should refrain from any conjugal acts till they settle their dispute.
However, even if this second step fails, it is recommended that the husband must attempt to talk to the wife, make peace with her and talk about the gravity of the situation. However, if the third step fails, the Quran tells for a move to the next step which is arbitration wherein one member from each spouse’s family tries to resolve the issue. It is after all these steps that the husband announces the first talaq.
If the differences still persist then the third talaq is pronounced, after which the relations between the husband and the wife are severed. Hence, the women groups who are claiming to revive this practice are only vouching for the fact that they get the maximum time to sort out their differences which are often not possible in an ‘instant talaq’.
From social boycott of Muslims who resort to triple talaq to the appointment of an arbitrator to settle marital disputes are some features of the new guidelines issued by the All India Muslim Personal Law Board (AIMPLB) for married couples.
Details of the guidelines framed given by the AIMPLB told the apex court that if there are differences between a husband and his wife, they should first try to mutually resolve the issues by keeping in mind the provisions of the Islamic law and try to overlook the mistakes of others.
The affidavit of AIMPLB said that only if the dispute still remained unresolved, the husband may pronounce one divorce during the period of purity of his wife and leave his wife until the time her waiting period (iddat) ended.
It stated that the Muslim community should boycott such persons socially who have pronounced three divorces in one go, so that such incidents may be minimised.