Monday, January 21, 2019 | ePaper
The Indian Supreme Court in a ruling has said that triple talak (divorce) is a crime. I have not read the full text of the judgment, but I like to say something in this connection.
There is no provision of triple talak in a single sitting in the Holy Quran. It can be given in three separate sittings in three months. Wife and husband can reunite themselves without hilla marriage if the husband pronounces the word 'talak' maximum twice in two separate sittings. But in the case of third in three separate sittings, they cannot reunite themselves except in a way as prescribed in the Quran. This process is called hilla marriage. In this connection, the Prophet Muhammad (Sm) said, no one should marry for the purpose of giving talak. That means he did not promote hilla marriage.
If husband pronounces 'talak' even hundred times in a single sitting, it will be counted as one and the spouses can continue their conjugal life without third party intervention. Wife also can divorce her husband in terms of Verse No. 128 of Sura An Nisa if she fears maltreatment. It is because there can be no compromise with the torturer as per Verse No. 193 of Sura Baqara.
Besides, if husband delegates wife power to divorce, she can use it going to the marriage registration office in presence of two witnesses. But if such power is not given, she will have to go to the court of law. It is necessary to say that divorce by husband will be effective if he has definite intention, if wife is disobedient, if he is in the sound state of mind i.e. not angry, and if two witnesses have heard his pronouncement.
If wife is rebellious, a two-men arbitration, one from each side, will sit together for taking a decision. However, both sides must give authority to their men to discuss the issue. About beating wife, the Prophet Muhammad (Sm) banned it during his farewell Hajj speech in 632 A.D.