Triple Talaq: An Insult to Muslim Womenhood

Abstract

The most atrocious form of dictatorship to which Muslim women have been going through since time immemorial is the despicable custom of instant divorce which is against law and equity. Triple Talaq is unilateral, arbitrary, and abrupt, and leaves no scope for a couple’s reconciliation or for a woman’s say in the matter. This illogical practice of triple divorce neither found a place in a holy Quran nor in Sunnah of Prophet Mohammed which provide for a proper and egalitarian treatment of women. All Muslims are also not unanimous on this form of divorce. All ‘ulama agree that pronouncing triple talaq in one sitting is bid‘ah (innovation) and that bid‘ah is sin and yet this sinful practice is enforced in the name of divine law. Custom like triple talaq vitiates three of the most prime fundamental rights enshrined in the constitution of India viz. Article 14 which speaks of equality, Article 15 which speaks against discrimination and Article proclaiming the Right of life and liberty. So discriminatory practices like triple talaq should go not only because they go against the Quran or many Islamic countries have done away with them but they must go because they violate democratic rights guaranteed by the constitution. Every possible attempt should be made to eradicate this sinful practice from our society. Quranic spirit for equality must be inculcated in making the frameworks of legislation for enforcing divorce amongst the Muslim community. Though held to be un-Islamic by many Muslim scholars and activists in India, Triple Talaq is still very commonly practiced by Muslims and, sarcastically validated by many Muslim religious leaders in India