..::Islamic Concept of Triple Talaq (Divorce)

Islamic concept of triple Talaq (divorce)—Import, object and scope—Provisions of S.7(3) of Muslim Family Laws Ordinance. 1961, in consonance with the Injunctions of Islam—Instant Talaq—Validity—The Holy Qur’an never intended a divorce to act as a device of instant magic whereby a woman taken by a man to share his life with all its pleasures, sorrows, sufferings and happiness is made to disappear for all times to come from his home and heart—Difference of opinion on validity of instant divorce through triple Talaq and ensuing escalating vice evoked ‘legislative compassion’ which expressed itself in the form of S.7(3) of Muslim Family Laws Ordinance, 1961, providing for revocation of Talaq within a period of ninety days and such provision is not in conflict with the Injunctions of the Holy Qur’an—Contrary view is only a blurred conception of the commandments of the Almighty Allah and it is so due to the reason that moral principles originally adopted and system found thereon by the passage of time became so rigid that it lost all flexibility.

Divorce (Talaq)—Meaning and the Qur’anic concept—Divorce has been disdained by the Holy Qur’an to a very high degree—Divorcee, pushed into the male dominated society, is woven into multiple vices, social and economic, including an indelible stigma to haunt her for whole of her life and instances are not wanting when a woman, driven to a state of penury, with none to look after, may have to barter her soul for her body —Talaq is an Arabic word which means undoing of or a release from knot–­Text of the Holy Qur’an on the subject and sayingf and doings of the Prophet are refreshingly ‘modern and rational’ but rigid approach and individual disbelief have shut the door of reason.Al-Qur’an Verses Nos.226 to 231, 233 of Sura-al-Baqarah; Verse 49 of Surat ­Al-Ahzab; Verses Nos.226 to 231 of Surat-al-­Baqarah; Verse No. 1 of Surat-Al-Talaq; Verse No.49 of Surat-al-Ahzab; Verse No.35 of Sura-An-Nisa; Spirit of Islam by Syed Amir Ali and Tre Self in Secularisim by Badar-ud-Din Taybji ref.

Triple Talaq—Views of various schools of thought on triple Talaq are Fiqah Jaffaria does not recognize it valid; Malikies also share the same view; Shafies also snare the same view; Hanblies recognize triple divorce as one, if marriage is consummated and if pronounced in a particular form.Mohmodan Law by Amir Ali, Vo1.II 7th Edn.; P/91; Mulsim Law of Divorce by K.N. Ahmed 1984 and Chapter 4 of Muslim Law of Divorce, Chap.4 by K.N. Ahmad, 1984 ref.


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