A Brilliant Answer by Muslim to Stupid Question on How Modi Government Can Change Talaq Law Of Allah?
Unpopular Opinion Ahead.
If criticising the conduct of our Ulemas and the “custodians of Islam” offends you, please do not read.
Your question is strange.
Why do you think the Indian government is obligated to follow the laws of one religion or another?
India is a secular country but it envelopes the concept of positive secularism unlike the negative secularism of the West. Under this, all religons are allowed to manage their own personal affairs.
Now, that was about India. Now let’s trudge into your fundamental question. Here is your answer in simple terms.
THERE IS NO TRIPLE TALAQ IN ISLAM.
A talaq is spaced over three months during which time there is supposed to be reconciliatory attempts from both sides of the family. At the end of three months, the divorce comes into fruition. This type of talaq is given by the man. And THREE MONTHS is a compulsory period of reconciliation.
Also, when a talaq is initiated by a man, he has to
- Pay for her maintenance till she gets on her feet.
- Pay for child support
- He cannot take back the meher (dowry) amount he gave her at the time of marriage.
- He cannot take back any property or wealth that he had written in her name after the marriage. That remains with her unless they both come to some mutual settlement.
If a woman wants talaq it is called Khula. She ‘applies’ for the talaq to her husband and if he doesn’t grant that, she goes to the Qazi.
In either case, she will get her talaq but there is no fundamental waiting period.
Meaning, IDEALLY, a woman should get her divorce much faster than her husband, within a week’s time at the maximum (although the three month reconciliatory period is preferred). She is in no obligation to pay back her meher amount if she wanted divorce for any specific reason.
Note: She is obliged to return her meher amount only if she seeks divorce for no reason at all i.e, she simply doesn’t like him anymore (yes, she can do that!).
Even in this case, the husband has to pay maitenance to her for a period of 4 to 5 months. He has to pay up more and will go on paying up if she is discovered to be pregnant with his child or they already had children at the time of divorce.
This is a rough extent of his child support responsibilities as written by a fellow Quora user. READ THIS to understand certain things.
She is entitled to financial support from her ex husband till the Iddah period is over which is about 4 to 5 months after the marriage has ended. After that the Husband has no obligation to keep supporting her financially, Unless it turns out that she is pregnant. Then the Husband has to financially support her till the baby is born and even pay for the hospital bills. After that the husband has no obligation to keep supporting her financially, Unless he can’t find someone other than the mother to breastfeed the baby. The Husband has to financially support her till the baby is old enough that it doesn’t need to be breastfed. After that the Husband has no obligation to keep supporting her financially, Unless he can’t find anyone else who in his absence can look after and babysit the child much better and for much cheaper rate than the mother. Then the husband has to financially support her till the child is old enough and no longer needs the service of a babysitter. After that the Husband has no obligation to keep supporting her financially, Unless the woman in her marriage contract has set a term by which he has to financially support her till the day she dies in case of a divorce. Then the husband has to financially support her for as long as he is able to after divorce.
This is the basic concept of divorce, fair to all.
Where does the problem arise then?
The Prophet Muhammad (pbuh) has said that among the things that are halal (permissible) in God’s sight, divorce is the one thing He DISLIKES the most.
What does this mean but an express discouragement of divorcing your wife or your husband? The family is the fundamental unit of a society in Islam and its importance cannot be stressed enough.
What is happening in India? Take a look at the proud list of achievements by our Muslim men.
- Instant Divorce: Divorce by saying ‘talaq’ three times, divorce via a letter, divorce via a telephone call, divorce via SMS, divorce via fricking WhatsApp. What? Is this a JOKE? Mazaak bana rakha hai khuda ke qanoon ka!
- No Payment of Maintenance/Child Support: Once a triple talaq is done, the husband never sees his ex-wife again, doesn’t care at all. No Qazi asks him to pay up the maintenance or child support. The divorced woman herself doesn’t know that she has the right to ask for it.
- Meher? What’s that?: There is no dowry/dahej in Islam. Instead, the man has to pay a sum that a woman demands from him if he wants to marry her. She can ask for whatever sum she wants and she can then use that money for herself with no obligation whatsoever to spend it on her husband or her children.
But you know what happens in India? The man pays a meher of Rs.101 and takes a dowry of ten lakhs! A month later, DIVORCE! Ha screw your ten lakhs, I get the money, I used her for sex, now it’s time to divorce her.
- Khula?: A woman has the right to seek instant divorce as I mentioned earlier with the promise of maintenance and child support. But again who pays that?
So, the woman choses to stay in an abusive relationship because she was never educated in the first place and she is not employable anywhere now. Why do Muslim women need an education anyway? Never mind that the greatest scholar in Islamic history was a woman and the first Muslim University was founded by a woman.
- Polygamy: Polygamy as an institution was given with the express intention of addressing the social conditions of the time.Warring tribes, high female population, harsh conditions limiting the employment of women to virtually nothing. If you were a woman in 6th century Arabia, leading a single life was inviting starvation and death. Yet, the Quran is restrictive in limiting only four marriages and also expressly discouraging it. The phrase “marry only one” is of very high emphasis in the Arabic language in which the Quran was originally revealed.
Yet, what we see now is a joke again.Men marry and divorce for dowry, because more the number of marriages more the dowry that comes in.
When you get unlimited power to divorce with no obligation to pay up your divorce money, why wouldn’t you divorce and marry again?
A woman has the right to restrict her husband from marrying anyone else till the time she is alive, by stipulating a clause to that effect in her marriage contract. Tell me, how many of these victmised women know that? I am betting NO ONE!
- Nikahnama: Marriage in Islam is essentially a contract between the husband and the wife and the nikahnama is the contract document.
Similar to the pre-nuptial agreement signed in the West but far wider in scope.In the nikahnama, both the husband and wife can stipulate any specific clause that they wish and when the nikah happens, the nikahnama is read out to both parties and signed by both.Things like having no restriction to work after marriage, earning her own money, having unilateral power to divorce, clause to restrict the marriage of her husband till the time she is alive, clause to demand maintenance after divorce till the time the husband lives are just few examples of the clauses and conditions a woman can impose on her husband. It then becomes binding legally.In India, the AIMPLB has a default nikahnama and I seriously don’t think a lot of women know about the scope of clauses they can introduce nor are they educated about it. If they demand it, they are labelled rebellious and what not.This old news here is a welcome sign and I wish more women become aware of their rights with respect to the nikahnama.
I can go on and on.
You talked about the law by Allah Almighty.
Tell me, which law of Allah is being violated here?
In fact, what is happening is a complete bastardization of the very Divine lawthat you are so emphatic about! The number of violations are gross and unthinkable.
Taking dowry, not giving meher as per rules, blatant violation of the divorce laws, no post divorce maintenance, no child support, no right of the women to restrict their husband’s marriage, no right of the women to seek immediate divorce, even if she gets a divorce, the husband is not expected to pay the post divorce dues, no religious restraint shown by the husband in exercising his divorce rights, blatant disregard for the teachings of the Quran and Sunnah, no respect for family institutions and so on.
Our personal law is creeped up with patriarchy that is endemic to the Indian subcontinent.
Pakistan had the same problem and they still do.
Patriarchial Ulemas run havoc over the religion there too but at least they have abandoned triple talaq.
Saudi Arabia and Iran, two of the most conservative Muslim majority nations with their own fringe interpretations of the Sharia don’t practice triple talaq either.
Then why should Indian muslims be allowed to? I will rearrange the sentence.
Then why should Indian muslim MEN be allowed to?
Of course, as per the 2011 census, the divorce rate among Muslims in India is lower than Hindus (0.56% vs 0.76%) and the incidents of triple talaq and the like is pegged to be at only 1% of that 0.56% i.e, 0.0056%.
The Bharatiya Muslim Mahila Andolan (BMMA) claims in its survey that the rate of triple talaq is 11% but the veracity of that survey is suspect due to its abysmally low sample size of approx. 4700 women with no random distribution of the sample.
It isn’t an epic tragedy as the media claims it is but it nevertheless is a violation of the fundamental rights of women granted both in the religion and in the Indian constitution. And any violation needs to be checked.
Pointing fingers at the higher divorce rate among the Hindu community is even worse. Blaming others to escape our own responsibilities and avoid seeing our own failures is the worst thing we can do as Muslims.
The AIMPLB was given a lot of time to mend their ways and bring about change in their version of personal laws. There was ample scope to change this corrupt divorce law and bring it back to the way it was practised during the Prophet’s time.
But NO. They remained adamant. They cried victim. They blamed the right wing government at the Centre for sabotaging their religious freedom even though this problem is far older than when the BJP ruled even five Indian states.
The Supreme Court finally had to intervene and as a Muslim who is tired of seeing Maulanas with their patriarchial and regressive thought system run the Prophet’s religion into the ground, I fully support the SC’s intervention.
The law needs to be changed. If Muslims themselves won’t do it, then the Judiciary should.
PS: I see some answers here from people trying to take advantage of the situation and calling names and the like in regard to the UCC.
Just know that the UCC is not a simple thing.
If it is applied, the Muslim and Christian community will have a seamless transfer, but the Hindu community is extremely diverse across India with rich variance in tradition. A UCC, I believe thus is only a political ploy to keep us on our edges and so PLEASE DO NOT MIX THE TALAQ DEBATE WITH UCC.
The issue becomes politicized and shifts the narrative in favour of the pro-triple talaq brigade.
No One Wants That.