Triple Talaq: Points for Legislation and Litigation — Dr Javed Jamil


It is high time we discussed all the details at every level and not allow a legislation to be passed which creates more problems than what they intend to solve.

Dr. Javed Jamil | Caravan Daily

THE Triple Talaq Bill is to be tabled in Rajya Sabha. It may either be passed or more likely it may go to a Select Committee. If it gets passed in its present format, the Bill is sure to be challenged in Court. Whatever the circumstances, following points need to be kept in consideration:

1.  Seeking divorce is neither a crime, whatever the reason, for husband nor for wife;
2.  Women have the right to maintenance only till they are performing the duties of wife or mothers of husbands’ children;
3.  Woman ceases to be wife immediately after Iddah;
4.  Iddah should be three months after the pronouncement of divorce in ordinary circumstances;
5.  If pregnant, Iddah will be extended till the completion of all the stages of pregnancy including prenatal, natal and postnatal (40 days after delivery);
(This is my interpretation of the verses. Asking the wife and her child to leave home immediately after delivery will be the violation of the spirit of the Quranic verses relating to the extension of Iddah in case her pregnancy becomes manifest.)
6.  Marriage may be immediately terminated in case any of the spouses committing adultery;
7.  In case one pronounces Triple Divorce, it will not be accepted as valid and if he insists on divorcing he will be directed to follow the correct Quranic procedure;
8.  As soon as he pronounces Talaq or before pronouncing it, it is the duty of the husband to call one witness of his choice from his family and one witness of her choice from her family;
9.  During Iddah, she will remain wherever she used to live before and will be provided all the amenities that were previously available to her;
10. The two witnesses will try their best to sort out the matter during Iddah period;
11.  No Nikah is valid if it is done with a predetermined aim of divorcing;
12.  Mehr should ideally be fixed in Gold and be given at the time of Nikah;
13.  Mata bil Maruf has to be a one-time complimentary gift but the arbiters should try their best to persuade the husband to give as much as possible in accordance with his financial conditions.
14.  Divorce procedure must be unjust neither for the husband nor wife; 
15.  Assuming that Nikah dissolves all the responsibilities of the parental family towards her and the husbands are responsible for her throughout her life even if there are no physical and family relations left between them will be entirely unjust. 
16.  It has to be ensured that all the girls get their due Islamic share in all that is left by their fathers and mothers; if she has not received it yet, the divorcee should be given it without further delay; she should also be allowed a place in her parental house whenever she wants it or needs it
17.  There is no question of punishing a husband for mere pronouncement of Triple Divorce unless he refuses to follow the right procedure and insists on wife leaving the house immediately; 
18.  If he throws his wife out of the house for whatever the reason, he will be tried under the common laws applicable in India for such cases.
It is high time we discussed all the details at every level and not allow a legislation to be passed which creates more problems than what they intend to solve.

Dr Javed Jamil is an eminent Islamic scholar and author.



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