Triple Talaq in Islam!

Triple Talaq in Islam!

One of the most controversial topic of discussion as of today is about “triple talaq” in Islam! A husband, over social networking site said ‘talaq’ thrice & it was considered as a divorce, but is it that simple? Is Islam being bias towards men for allowing them only to use the word talaq to their women & not the other way around?  What if a woman needs a talaq from her husband? Many similar questions were raised on the similar grounds. Let’s try to simplify the confusion.

 “The most hated thing before Allah is divorce” – Prophet Mohammad 

What is Triple Talaq?

A man using the word talaq thrice for his wife over a period of time is considered as talaq as per Shariya rule.

Steps of Triple Talaq

There are lot of misconceptions when it comes to triple talaq. When a man says talaq thrice in one sitting, it is considered as one talaq. He can use the word thrice over a period of time (please check below for a detailed explanation). In case the wife is pregnant then the period is extended till the delivery.   

Before a man thinks about the most hated thing (divorce) in the marital disagreement, as per Quran, the first step is that the man is supposed to talk out the differences with his wife (fa’iza hunna) about the seriousness of the situation & try to ease the situation. If the problem persists, the couple must maintain sexual distance between them (wahjuru hunna) & hope that the temporary separation might bring them together again. If the issue is not resolved then as a third step, the husband is again supposed to explain his wife the seriousness of their relationship & the situation & try to reconcile. In continuation to the third step, the husband must explain to his wife that if there’s no mutual understanding between them then the matter would cross the boundaries of their house. After the first three attempts if the dispute is not resolved then the last step, the matter must be placed in front of two arbiters (judge), one from each side.

Even after the four steps, if there’s no sign of reconciliation, the man can pronounce the first talaq followed by a waiting period called iddah. It can be used only twice within the duration of three menstruation cycle. When the duration of iddah has expired & the parties are still unable to unite then the final, irrevocable talaq can be pronounced. After the final talaq is pronounced, none of the party has any relation to do with each other anymore.

This is the procedure of triple talaq!

Can a woman say talaq thrice?

Wondering about the rights of a woman when it comes to talaq? Indeed, a woman is not allowed to say talaq. Isn’t it irrational? No, it isn’t. The reason being, talaq is an Arabic word for divorce used by a husband to his wife only. Just to clear your thoughts about Islam being equal for all, here are some points.

Broadly there are five type of divorce in Islam:

·        Unilateral: A mutual agreement between the husband & the wife agreeing to their compatibility & hence wish to part their ways.

·        Talaq (Unilateral will by the husband): In this, the husband has to pay the Meher (an amount that is the right of a woman which she has asked for at the time of nikah) – if he has not paid her, he has to pay it now along with the gifts he has given to her.

·        Isma (Unilateral will by the wife): A woman is allowed to mention about Isma (unilateral divorce) in her Nikah-Nama. If she has mentioned it, she’s allowed to give unilateral divorce to her husband. A woman is allowed to give divorce (Isma) to her husband.

·        Nikah-e-Fask: If a husband ill-treats his wife & don’t give her equal rights then the woman has the right to approach a Kazi & dissolve the marriage.

·        Kulah: Everything is good about the husband however, due to some personal reasons the wife still needs a divorce then she can request her husband to divorce her called Kulah!

Basically, even a woman has the right to ask for divorce but the difference is in the approach & the words used. Today, we hear about marriages using technology. No wonder we heard about divorce using the same medium. Everyday technology is evolving for us to have a better future. Let’s use it to the core & not abuse it.