Goodbye to 'talaq, talaq, talaq'?

[abdulhakeem]

SRAWAN SHUKLA

TIMES NEWS NETWORK[ TUESDAY, JUNE 29, 2004 04:09:07 AM ]

LUCKNOW: Today, for millions of people in India, all it takes to end a marriage, sever a relationship, break a home, and throw lives into turmoil is for a man to say three words: 'Talaq, talaq, talaq'. But not for much longer.

In a move that would mark a big step forward for women's rights, the All-India Muslim Personal Law Board is set to ban this practice from next month and adopt 'phased talaq', with the couple being given three months to think it over.

The board's move would be in line with Shariat-approved procedure. Many Islamic countries, including Pakistan, do not follow the 'triple talaq' system.

Even within India, there are conflicting schools of thought about its validity. But the system has persisted despite protests by liberals and activists, who took up cases like that of Sheru and Najma.

The couple faced social ostracism and economic misery in Bhadrak (Orissa) because they chose to stay together after Sheru said 'talaq, talaq, talaq' in an inebriated state.

Once sober, he insisted he had no wish to leave his wife, but was evicted from his home by villagers.

Hopefully, such episodes will end from next month. The AIMPLB, the highest body governing civil law for Muslims in India, is likely to adopt a resolution scrapping the 'triple talaq' system during the annual meeting of its 41-member working committee on July 4 at Lucknow's Nadwa College.

A new talaqnama has been drafted by Board clerics after discussions for three years. After approval, the Board would print the new talaqnama forms in large numbers in Urdu as well as in regional languages and make it mandatory for all the couples to fill it at the time of marriage from next month.

The Board is also recommending increase in 'Mehr', which is fixed at the time of marriage. Parents would be advised to fix a staggering amount to protect matrimony of their daughters.

However, the Board has fixed no upper or lower limit for it. The amount would be decided mutually by both parents. It's being done mainly to discourage talaaqs.

http://timesofindia.indiatimes.com/articleshow/757515.cms

[abdulhakeem]

Muslim Board set to divorce 'Talaq' norm

Tuesday, 29 June , 2004, 15:28

Lucknow: The All India Muslim Personal Law Board (AIMPLB) is set to do away with an Islamic law that allows a Muslim husband to recite the word 'Talaq' thrice to terminate marriage.

At its meeting scheduled in Kanpur for July 4, the Board will also demand legal status to 'Qazi courts' for settling petty disputes in the Muslim community.

According to AIMPLB sources here, reforms in Islamic law were required because several Islamic countries now do not allow divorce merely on recitation of Talaq three times by a husband.

“It's an old way to get divorce in which women are not given an opportunity. Besides it's creating problems in the Muslim community,” a source said.

“Under the reforms, which will be in line with a Shariat-approved procedure, a couple will be given three months' time to make a decision about divorce.”

Once, the general AIMPLB approves the resolution of the new law, Muslim couples will be asked to fill up Talaq Nama forms at the time of their marriage so that it can provide the base should they seek divorce.

The new Talaq law was formulated after three years of deliberations.

The 41-member Working Committee of the AIMPLB is also expected to suggest Muslim parents to fix a staggering amount as “Mehr” to protect the matrimony of their daughters. There will be no limit on the amount.

The July 4 meeting will also urge the Union Law Ministry to give legal mandate to Qazi Courts settling matrimonial and family disputes between Muslim couples.

The Darul Qaza Committee of the Board will submit a detailed report on the matter hanging fire since 1993.

Committee members will meet Union Law Minister Hansraj Bharadwaj after the meeting approves the demand.

The Qazi Act was abolished in 1860 after introduction if the IPC, the CrPC, and the CPC. Although there is no legal sanctity of Qazi Courts, such offices are very much active in Bihar and Orissa as Darul Qaza by Imayat-e-Sharaiya and enjoy recognition.

http://sify.com/news/othernews/fullstory.php?id=13509894

[abdulhakeem]

related article:

Wife divorced after talk-show call

From correspondents in Riyadh
June 28, 2004

A SAUDI has divorced his wife for participating in a television programme by telephone when he had previously warned her against phoning in to talk shows, a newspaper has reported.

Khadija F. Fares, a 31-year-old Saudi woman, told Al-Watan that her husband of 12 years annulled their marriage after she expressed her point of view on "marital problems" during a programme broadcast by a Gulf television channel.

After the show, the husband, with whom she has two children, ignored his wife for two days before conveying his decision to divorce her through her family, the daily said.

He based the divorce on his "opposition to his wife's participation in a television programme," after having told her not to do so when she previously called in to a live show.

His wife had "divulged the secrets of their private life, which led to the divorce," Al-Watan said.

The strict form of Islamic law in force in the kingdom allows Saudi men to have up to four wives, whom they may divorce by simple repudiation without any formal process.

Agence France-Presse

http://www.news.com.au/common/story_page/0,4057,9975960%255E13762,00.html

[abdulhakeem]

Muslim divorces

JULY 4, 2004 SUN
By VIVI ZAINOL
and CHAI HUNG YIN

More than three in 10 marriages break up within the first five years

MUSLIM divorces are at an all-time high, with about 35 per cent, or more than three in 10 marriages, breaking up within the first five years.

Last year, a total of 2,105 Muslim couples divorced - about one-third of the total of 6,293 divorces in Singapore.

In contrast, there were 1,532 Muslim divorces in 2002 and 1,347 in 2001. The figure has been rising since the 1980s.

As with civil divorces, the largest number of Muslim divorces involved couples between 24 and 34 years old. Personality differences, infidelity, neglect, inadequate maintenance and drug- taking were the main reasons cited.

Looking beyond the big picture reveals another worrying trend: 13 per cent of Muslim divorces involved women below 25.

The comparable proportion among non-Muslims was just 3.3 per cent.

Also, of Muslims who remarry after a first divorce, some 34 per cent go through a second divorce, compared with about 12 per cent of non-Muslims.

While the reasons for the disparity are varied, divorcees and others interviewed by The Straits Times pointed to these:
Divorce is relatively quick and easy in the Syariah Court.

Increasingly, 'Western' notions make breaking up the first, not last, recourse for couples who are unhappy.

Couples are emotionally or financially unready for marriage.

It costs $200 to $300 to get a Muslim divorce, if lawyers are not involved, compared to $400 to $600 for an uncontested divorce in a civil court.
On the first point, lawyers interviewed by The Straits Times said a childless Muslim couple can get divorced within a month or two if both consent and agree on how their assets should be divided.

In a civil court, a divorce can take between four and six months.

The couple must also have been separated for at least three years before they file for divorce, unless aggravating factors such as infidelity or physical abuse can be proved.

Lawyer Sarbrinder Singh, 34, who handles civil and Muslim cases, pointed out: 'Muslim couples don't have time restrictions before they can divorce.'

The chairman of the Al-Istighfar mosque, Mr Khairudin Yahya, 43, also believes this is a factor in Muslim marital splits.

'As long as they've gone to the Syariah Court and can't reconcile within a period of time, they can get a divorce,' he said.

Said Mr Zulkiflee Mohamed, 32, a technician who is divorced: 'The procedure does play a part, especially if the couple are childless. You might think twice if you had children and it took longer to get a divorce.

'Then again, some may not change their minds no matter how long it takes, because the marriage is beyond saving.'

Divorcee Mutia Majid, 24, thinks another force is at work.

She said: 'These days, people subscribe to the Western notion that if you're not happy, you shouldn't hesitate to get a divorce.'

Several of the social workers and lawyers interviewed agreed with her.

However, the Ministry of Community Development and Sports (MCDS) believes the divorce rate is high because young Muslim couples are not emotionally or financially ready for marriage.

It bases this on interviews the Registry of Muslim Marriages (ROMM) has done with couples intending to get married, and Syariah Court interviews with squabbling married couples.

These couples 'do not get sufficient support from their family and lack guidance', said the MCDS.

This throws up the question of why steps taken by the Muslim community to prepare couples for marriage have not taken hold. They were revised recently to stem the rising divorce trend.

These steps include pre-marriage programmes for couples marrying under normal circumstances, couples below 21 and couples remarrying.

These are run by the Association of Muslim Professionals, mosques and other organisations.

The courses are well-planned and comprehensive, covering everything from finances to sexual relations, said those interviewed.

However, some participants may not pay attention, because they're going through a shotgun marriage or they're pressured to wed to avoid 'embarrassing their families'.

The ROMM had observed this in the couples it interviewed.

About 80 per cent of would-be brides under 21 who attend the Titian Kasih (Bridge of Love) programme at YWMA-Jurong Family Service Centre are already pregnant and under pressure to marry.

Courses will not help such people, some said.

Others said, course or no course, there are deeper problems that need to be addressed.

Said Mr Mohd Ali Mahmood, director of YWMA-Jurong Family Service Centre: 'We have to look at core problems, such as: Why are they marrying young? Are their parents good role models?'

Additional Reporting By Theresa Tan

http://straitstimes.asia1.com.sg/singapore/story/0,4386,259404,00.html

[baba]

I also have noticed that some people rush for divorce without properly trying (some do it quickly/half-heartedly) what the Qur'an suggests. The Qur'an makes clear that divorce is the last option.

[Abdullah al-Muhajir]

Absolutely. This 'triple' talaq nonsense was a pre-Islamic practice and contradictory to the teachings of the Noble Quran, yet it somehow wriggled its way into Shafi'i and Hanafi beliefs.

[abdulhakeem]

'Misuse of triple talaq not weakness of Muslim law'

New Delhi, July 17. (PTI): With the debate continuing over the triple talaq system among Muslims, the Shahi Imam of Delhi's Fatehpuri Masjid today said lack of education among the community was responsible for it being "misused" but this should not be considered as weakness of the Muslim personal law.

"The Islamic Shariat leaves no scope of any doubt about triple talaq issue that needs debate or discussion. If any person pronounces talaq in a fit of anger, it should not be considered as weakness of Muslim law but a result of lack of education among Muslims and lack of knowledge of Muslim law," Mufti Mukarram Ahmed told reporters here.

He announced that an All India Qazi Board had been set up with him as President after consultations among Muslim religious leaders from across the country, which would give its "considered opinion" on problems related to the community.

"This body will not stand against the All India Muslim Personal Law Board (AIMPLB), but has been formed as we felt that everyone has to be involved to educate the Muslim community about the true interpretation of the Shariat," Mukarram said.

The AIMPLB had earlier this month said it would launch a public awareness campaign on triple talaq and social reforms.

The Shahi Imam said the Qazi Board would compile a list of qazis who solemnise marriage in major cities and ask them to counsel newly weds about the "misuse" of triple talaq.

"Triple talaq is sometimes misused by husbands to illtreat their wives and qazis will try to stop them from doing so," he said.

http://www.hinduonnet.com/thehindu/holnus/001200407171964.htm (http://www.hinduonnet.com/thehindu/holnus/001200407171964.htm)

[AbuMubarak]

related article:

Wife divorced after talk-show call

From correspondents in Riyadh
June 28, 2004

A SAUDI has divorced his wife for participating in a television programme by telephone when he had previously warned her against phoning in to talk shows, a newspaper has reported.

Khadija F. Fares, a 31-year-old Saudi woman, told Al-Watan that her husband of 12 years annulled their marriage after she expressed her point of view on "marital problems" during a programme broadcast by a Gulf television channel.

After the show, the husband, with whom she has two children, ignored his wife for two days before conveying his decision to divorce her through her family, the daily said.

He based the divorce on his "opposition to his wife's participation in a television programme," after having told her not to do so when she previously called in to a live show.

His wife had "divulged the secrets of their private life, which led to the divorce," Al-Watan said.

The strict form of Islamic law in force in the kingdom allows Saudi men to have up to four wives, whom they may divorce by simple repudiation without any formal process.

Agence France-Presse

http://www.news.com.au/common/story_page/0,4057,9975960%255E13762,00.htmlthe man is perfectly correct in this one

[AbuMubarak]

SRAWAN SHUKLA

TIMES NEWS NETWORK[ TUESDAY, JUNE 29, 2004 04:09:07 AM ]

LUCKNOW: Today, for millions of people in India, all it takes to end a marriage, sever a relationship, break a home, and throw lives into turmoil is for a man to say three words: 'Talaq, talaq, talaq'. But not for much longer.

In a move that would mark a big step forward for women's rights, the All-India Muslim Personal Law Board is set to ban this practice from next month and adopt 'phased talaq', with the couple being given three months to think it over.

The board's move would be in line with Shariat-approved procedure. Many Islamic countries, including Pakistan, do not follow the 'triple talaq' system.

Even within India, there are conflicting schools of thought about its validity. But the system has persisted despite protests by liberals and activists, who took up cases like that of Sheru and Najma.

The couple faced social ostracism and economic misery in Bhadrak (Orissa) because they chose to stay together after Sheru said 'talaq, talaq, talaq' in an inebriated state.

Once sober, he insisted he had no wish to leave his wife, but was evicted from his home by villagers.

Hopefully, such episodes will end from next month. The AIMPLB, the highest body governing civil law for Muslims in India, is likely to adopt a resolution scrapping the 'triple talaq' system during the annual meeting of its 41-member working committee on July 4 at Lucknow's Nadwa College.

A new talaqnama has been drafted by Board clerics after discussions for three years. After approval, the Board would print the new talaqnama forms in large numbers in Urdu as well as in regional languages and make it mandatory for all the couples to fill it at the time of marriage from next month.

The Board is also recommending increase in 'Mehr', which is fixed at the time of marriage. Parents would be advised to fix a staggering amount to protect matrimony of their daughters.

However, the Board has fixed no upper or lower limit for it. The amount would be decided mutually by both parents. It's being done mainly to discourage talaaqs.

http://timesofindia.indiatimes.com/articleshow/757515.cmsthe three talaqs at one sitting is permissible but highly discouraged by the prophet, for the same reasons that these hindus are saying, shame on the muslims

[AbuMubarak]

'Misuse of triple talaq not weakness of Muslim law'

New Delhi, July 17. (PTI): With the debate continuing over the triple talaq system among Muslims, the Shahi Imam of Delhi's Fatehpuri Masjid today said lack of education among the community was responsible for it being "misused" but this should not be considered as weakness of the Muslim personal law.

"The Islamic Shariat leaves no scope of any doubt about triple talaq issue that needs debate or discussion. If any person pronounces talaq in a fit of anger, it should not be considered as weakness of Muslim law but a result of lack of education among Muslims and lack of knowledge of Muslim law," Mufti Mukarram Ahmed told reporters here.

He announced that an All India Qazi Board had been set up with him as President after consultations among Muslim religious leaders from across the country, which would give its "considered opinion" on problems related to the community.

"This body will not stand against the All India Muslim Personal Law Board (AIMPLB), but has been formed as we felt that everyone has to be involved to educate the Muslim community about the true interpretation of the Shariat," Mukarram said.

The AIMPLB had earlier this month said it would launch a public awareness campaign on triple talaq and social reforms.

The Shahi Imam said the Qazi Board would compile a list of qazis who solemnise marriage in major cities and ask them to counsel newly weds about the "misuse" of triple talaq.

"Triple talaq is sometimes misused by husbands to illtreat their wives and qazis will try to stop them from doing so," he said.

http://www.hinduonnet.com/thehindu/holnus/001200407171964.htm (http://www.hinduonnet.com/thehindu/holnus/001200407171964.htm)
funny how our islamic leaders can attribute this and that to ignorance, but are not there to institute classes in the masajid

[sal]

Abu Mubarak I Salute You Opinions May Lead To Kufr As I Said Before The Koran Is Complete Maybe You Should Post The Prophets Last Sermon Maybe Oneday These Self Prophessed Scholars Will Legalise Alcohol ,zina,where Will It End And If You Carry This Train Of Thought Further Allah Save Us

[sal]

The Law Is Perfect Cannot And Shouldnot Change Muslims Must Change

[AbuMubarak]

Abu Mubarak .......... Maybe You Should Post The Prophets Last Sermon This sermon was delivered on the ninth day of Dhul Hijah, 10 A.H. (632 A.D.) in the valley of Mount Arafat. The contents of the message were collected from different narrations, and there are other parts to it that are not mentioned here. This sermon still needs the authenticity of all of its parts to be checked.

"O People, lend me an attentive ear, for I know not whether, after this year, I shall ever be amongst you again. Therefore, listen to what I am saying to you very carefully and take these words to those who could not be present today.

O People, just as you regard this month, this day, this city as sacred, so regard the life and property of every Muslim as a sacred trust. Return the goods entrusted to you to their rightful owners. Hurt no one so that no one may hurt you. Remember that you will indeed meet your Lord, and that He will indeed reckon your deeds. Allah has forbidden you to take interest, therefore, all interest obligations shall henceforth be waived. Your capital, however, is yours to keep. You will neither inflict nor suffer inequity. Allah has judged that there shall be no interest and that all interest due to Abbas bin Abdul-Muttalib (the prophet's uncle) shall henceforth be waived.

Every right arising out of homicide in pre-Islamic days is henceforth waived and the first such right I waive is that arising from the murder of Rabiyah bin Al-Harith (relative of the prophet). O Men, the unbelievers indulge in tampering with the calendar in order to make permissible that which Allah forbade, and to forbid that which Allah had made permissible. With Allah the months are twelve; four of them are holy; three of these are successive and one occurs singly between the months of Jumadah and Shaaban. Beware of Satan, for the safety of your religion. He has lost all hope that he will ever be able to lead you astray in big things, so beware of following him in small things.

O People, it is true that you have certain right with regard to your women, but they also have rights over you. If they abide by your right then to them belongs the right to be fed and clothed in kindness. Do treat your women well and be kind to them for they are your partners and committed helpers. And it is your right that they do not make friends with any one of whom you do not approve, as well as never commit adultery.

O People, listen to me in earnest, worship Allah, say your five daily prayers, fast during the month of Ramadhan, and give your wealth in zakat. Perform Hajj if you can afford to. All mankind is from Adam and Eve, an Arab has no superiority over a non-Arab, nor a non-Arab has any superiority over an Arab; also a white has no superiority over a black, nor a black has any superiority over white except by piety and good action. Learn that every Muslim is the brother of another Muslim, and that Muslims constitute one brotherhood. Nothing shall be legitimate to a Muslim which belongs to a fellow Muslim unless it was given freely and willingly. Do not, therefore, do injustice to your selves.

Remember, one day you will appear before Allah and answer for your deeds. So beware, do not stray from the path of righteousness after I am gone.

O People, no prophet or apostle will come after me and no new faith will be born. Reason well, therefore, O People, and understand my words which I convey to you. I leave behind me two things, the Quran and my example, the Sunnah, and if you follow these you will never go astray.

All those who listen to me shall pass on my words to others, and those to others again; and may the last ones understand my words better that those who listen to me directly. Be my witness O Allah, that I have conveyed Your message to Your people."

[Tahiyah]

he didnt want her participating in these phone calls to talk shows for a reason, and i am sure she was well aware of that reason. we cant just judge the guy and say he wasnt being reasonable, there are two sides to every story.

he warned her and obviously she could of cared less how he felt. perhaps she was airing their own dirty laundry to the public?
it wasnt important to her that she may of embarassed him through these actions. its not like she was confiding in people she knew and trusted, she was telling the entire listening audience, among that audience could be people who know you, friends and family, co-workers..etc.

if they themselves were having marital problems then they could of handled it Islamically, by seeking marriage council with an Iman/Shiekh or by bringing 2 members each, of his family and her family (or other trusted muslims?) together, to help them resolve issues.

problem with many marriages is couples forget that there is give and take. no one gets to have everything there way. without sacrifice and compromise how can your partner feel important to you? selfishness in marriage will only lead to broken trust and broken hearts. :( and then who suffers the most? as always, the innocent children.

[sal]

mashaallah.this hold true 100%.muslims are now daring to even modify prophet saw. last sermon astagfirullah

[Tahiyah]

Divorce in the Shari'ah

"Generally speaking married couples make their best efforts to continue their marital relations in cordiality and happiness."(1) There are those occasions where it becomes impossible for a couple to maintain a viable relationship (i.e. neglect, abuse, etc.). In these cases "the Shari'ah takes a very reasonable view of such an intolerable situation and instead of forcing the couple to stay together...."(2) it permits a divorce.

There are three kinds of divorce in Islam:

The first is Talaq (by the husband) and the second is Talaq Al-Bida'h (Divorce of Innovation) and Khul' (by the wife).

Talaq

Talaq has two forms:

1. Talaq ar-Raji': (revocable divorce) which has two types:

Talaq Ahsan: (the most approved divorce). It is meant as a means to heal the breach between a couple and allow for the soothing of frayed nerves. It has three conditions. The husband must only pronounce one Talaq. The Talaq must be only pronounced when the wife is in a state of purity. The husband must abstain from sexual contact with his wife for the 'iddah (the waiting period) which is three months.
Talaq Hasan: (approved). In this form divorce is pronounced in three successive periods. After the first two the husband has the right to take his wife back if they so desire to reunite but if he pronounces divorce a third time it becomes irrevocable. The wife must marry another at this time.
2. Talaq al-Bain: (irrevocable divorce). This is a divorce that with three pronouncements in successive sittings or at the same sitting or before the consummation of the marriage. There is no return allowed under these circumstances unless the woman has an intervening marriage.

"Talaq is a right available mainly to the husband, but not to the wife. Even though Islam allows divorce, the Prophet (pbuh) says: 'Of all things that Islam has permitted, divorce is the most hated by Allah.' Hasty and wanton use of the right of divorce is regarded as most condemnable in Islam." (3)

Surah Al-Baqarah 229: "A divorce is only permissible twice. After that the parties should either hold together on equitable terms or separate with kindness."

This could be likened to the "three strikes and you're out" policy.

Talaq Al-Bida'h (Divorce of Innovation)

This was a type of divorce that made its appearance after the death of the Prophet (pbuh). It is where the man pronounces Talaq three times at one sitting or sends it in writing to his wife. This is a sin against the precepts of the Shari'ah and was severely denounced by the Prophet and Khalif `Umar would whip a husband who did such a thing.

Khul'

This a divorce that is instigated by the wife. It is where she applies to a Qadi for divorce.

Surah An-Nisa' 128 : If a wife fears cruelty or desertion on husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed. But if you practice self-restraint, Allah is well-acquainted with all that you do.

In the case of Khul', the wife must return all or part of the mahr (the dower). A case in point, where the woman would be allowed to keep the mahr, is what Imam Malik said and that was if a wife was forced by her husband to enter Khul', she would be entitled to get the mahr back.

The issue of divorce is covered in more detail in the book "Woman in Shari'ah (Islamic Law)" by 'Abdur Rahman I. Doi.

Footnotes:

1. Woman in Shari'ah (Islamic Law) by 'Abdur Rahman I. Doi; Page 81

2. Woman in Shari'ah (Islamic Law) by 'Abdur Rahman I. Doi; Page 81

3. Woman in Shari'ah (Islamic Law) by 'Abdur Rahman I. Doi; Page 84