
It is a widely held misconception that saying Talaaq...thrice is an accepted form of divorce in Islam and the woman has to bear it without any rationale reason...The separation is done and there is no power on earth that can undo this.
I do not know whether this is right or wrong...and how hard and fast this rule is in the different countries and places...but this does not sound good if that is the case anywhere...it stifles the woman’s right to dignity and self respect and makes a mockery of her future...
The case of Fiza and Chand Mohamed is just like using the provisions to do absolute wrong...Chand Mohamed (Born as Chander Mohan…a Hindu) in what is widely known changed his religion in order to marry Fiza (Born as Anuradha Bali...a Hindu)...They were in love with each other and converted in order to marry as Chand Mohamed was already married with two children and as a Hindu could not lawfully marry a second time…
Within a short time…he had ditched Fiza and yesterday he called her from London to say the Triple Talaaq (Three times)...and followed it up with a SMS message of the same...Is this not a mockery of the law...
We all know that human beings are so selfish that they make...unmake...break and use laws for their ends...this is not what the law intended. Are not the issues of dignity, maintenance, respect… things that a woman is enlightened to...plus should there be reasons for making or breaking a relation...are whims and fancies ok…
Can the Triple Talaaq be justified just because the man is fed up…or in a bad mood...or did not get food on time...or wants a different companion? Religious discourse and a revisit to the adoption of laws in the present world and circumstances will be in order…what say?
If husband has the intention of divorcing, he is better advised to follow the specific procedures established by Allah in the Qur’an for divorce.
Thanks for citing this enlightening story. It made interesting reading. I think every religion should have a built-in assessment system when somebody tries to convert from another religion. The purpose of conversion is important. Conversion should be allowed only if the purpose of conversion is spiritual in nature. Not if it is done to circumvent some legal provisions of the country.
That is great...plus the present day muslim world must also ensure that people do not change religions only for thir selfish ends...what say?
I totally understand the view point....but the question i raise is that should the religion be misused for selfish ends?
What I think, even if marriage in Islam is based on contract, the feeling of love and care do develop with time and it is wrong to just utter the three words and forget all about it.
and with no means of support...a disgrace
Plus when people change religions for slfish ends....something is very immoral..what say??
All marriage should have a legal and binding contract for every citizen.
The question of a person’s religion should not be recorded on any government document because it is subject to change at any time, unlike nationality or driving record.
and yes, it is immoral and uncivilized to hide behind religion just seek protections for actions that are detrimental to society, like polygamy, tax evasion and child molestation.
Very well said, Nuya! This is the need of the hour. Lately, there have been too many cases of people playing with the loopholes in religions to gain personal benefits.
In fact, religion should not be given any importance in any institution other than religious places. I don’t think the mention of one’s religion on school/college documents or certificates serve any purpose.
Nationality should be given more importance than religion in every non-religious matter or issue!!
Talaq if sent by SMS,or triple utterance in one sitting without any valid reasons and in the absentia of two arbitrators is not valid. Fatwas given by Muslim clergies that if a man
makes three pronouncement of Talaq(Divorce,and he writes in SMS and does not send it,the allegation that it accounts the marriage ”NULL AND VOID” is totally wrong and farce. If husband and wife,find the marriage totally not feasible,with the permission of the wife,the man has to propose a first divorce proclamation,known to two arbitors,and offer period of one month whether any reconciliation is in offing; if it fails he has offer the second one known to his wife and to other orbitrators,giving one more month to see whether any change of mind mutually and any chance of reunion.If fortunately there is chance of reunion,the spouse can lead a normal lire and man has to show extraordinary kindness to woman. Afterall woman is more tender in feeling and heart. Mas has to be more flelxible. Even after the second ponouncement,if there is no compromise,after one more month the man can bid the final talaq(divorce) and it’s irrevocable. The spouse cannot remarry again because they become Haram, ie forbidden. To sum up oral
tripple attribution of Talaq is not valid at all. Please refer Holy Quran as under : 4:3 and 4:129.
For such kinds attributed with extraordinary qualities, man cannot divorce her with stroke of a pen or words.
Please refer the following verses of Holy Quran for the divorce: They are the onyl authentic sources and not the tell tale stories of fatwas:
2:228-232,236-237,241 and 4:35
002.228
Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs, if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise.
002.233
The mothers shall give suck to their offspring for two whole years, if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms.
***If the man is given an advantage over the women, then it can’t be equitable. ****
Quran 4:34 Men are in charge of women, because Allah hath made the one of them to excel over the other, and because they spend of their property. So good women are the obedient, guarding in secret that which Allah hath guarded. As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and scourge (BEAT) them. Then if they obey you, seek not a way against them. Lo! Allah is ever High, Exalted, Great.
***So you can’t use that as a legal substitute for divorce because it does not not allow women any rights. Only secular government administration of divorce should be allowed because it protects the rights of the woman and her children. *****
Local Opinions (13)
If husband has the intention of divorcing, he is better advised to follow the specific procedures established by Allah in the Qur’an for divorce.
What I think, even if marriage in Islam is based on contract, the feeling of love and care do develop with time and it is wrong to just utter the three words and forget all about it.
I totally understand the view point....but the question i raise is that should the religion be misused for selfish ends?
and with no means of support...a disgrace
Plus when people change religions for slfish ends....something is very immoral..what say??
That is great...plus the present day muslim world must also ensure that people do not change religions only for thir selfish ends...what say?
Thanks for citing this enlightening story. It made interesting reading. I think every religion should have a built-in assessment system when somebody tries to convert from another religion. The purpose of conversion is important. Conversion should be allowed only if the purpose of conversion is spiritual in nature. Not if it is done to circumvent some legal provisions of the country.
Very well said, Nuya! This is the need of the hour. Lately, there have been too many cases of people playing with the loopholes in religions to gain personal benefits.
In fact, religion should not be given any importance in any institution other than religious places. I don’t think the mention of one’s religion on school/college documents or certificates serve any purpose.
Nationality should be given more importance than religion in every non-religious matter or issue!!
Talaq if sent by SMS,or triple utterance in one sitting without any valid reasons and in the absentia of two arbitrators is not valid. Fatwas given by Muslim clergies that if a man
makes three pronouncement of Talaq(Divorce,and he writes in SMS and does not send it,the allegation that it accounts the marriage ”NULL AND VOID” is totally wrong and farce. If husband and wife,find the marriage totally not feasible,with the permission of the wife,the man has to propose a first divorce proclamation,known to two arbitors,and offer period of one month whether any reconciliation is in offing; if it fails he has offer the second one known to his wife and to other orbitrators,giving one more month to see whether any change of mind mutually and any chance of reunion.If fortunately there is chance of reunion,the spouse can lead a normal lire and man has to show extraordinary kindness to woman. Afterall woman is more tender in feeling and heart. Mas has to be more flelxible. Even after the second ponouncement,if there is no compromise,after one more month the man can bid the final talaq(divorce) and it’s irrevocable. The spouse cannot remarry again because they become Haram, ie forbidden. To sum up oral
tripple attribution of Talaq is not valid at all. Please refer Holy Quran as under : 4:3 and 4:129.
For such kinds attributed with extraordinary qualities, man cannot divorce her with stroke of a pen or words.
Please refer the following verses of Holy Quran for the divorce: They are the onyl authentic sources and not the tell tale stories of fatwas:
2:228-232,236-237,241 and 4:35
Global Opinions (9)
All marriage should have a legal and binding contract for every citizen.
The question of a person’s religion should not be recorded on any government document because it is subject to change at any time, unlike nationality or driving record.
and yes, it is immoral and uncivilized to hide behind religion just seek protections for actions that are detrimental to society, like polygamy, tax evasion and child molestation.
002.228
Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs, if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise.
002.233
The mothers shall give suck to their offspring for two whole years, if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms.
***If the man is given an advantage over the women, then it can’t be equitable. ****
Quran 4:34 Men are in charge of women, because Allah hath made the one of them to excel over the other, and because they spend of their property. So good women are the obedient, guarding in secret that which Allah hath guarded. As for those from whom ye fear rebellion, admonish them and banish them to beds apart, and scourge (BEAT) them. Then if they obey you, seek not a way against them. Lo! Allah is ever High, Exalted, Great.
***So you can’t use that as a legal substitute for divorce because it does not not allow women any rights. Only secular government administration of divorce should be allowed because it protects the rights of the woman and her children. *****
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