Follow The Prescribed Course For Triple Talaq
In Islam, there is a prescribed procedure for divorce. First, divorce is considered extremely undesirable. But, if a couple seek to divorce, they ave to follow a prescribed course. That s, the husband shall utter the word talaq' on three separate occasions to his vife over a period of three months. The intervening period between each utterance of 'talag' is meant for econciliation. If, after the end of the hird month, the husband finally utters he word 'talaq', then, the two will be ivorced. In the time of the Prophet and thefirst caliph, Abu Bakr, certain ndividuals would divorce their wives in ne sitting by uttering the word 'talaq here times, usually in a burst of anger. This is why the Prophet and Abu Bakr would regard the uttering of instant riple talaq as only one talaq, and they id not, therefore, finalise the divorce in such cases. But the practice of pronouncing 'talaq' in one instance continued till the time of the second caliph, Umar Faruq, who took another decision-he declared that pronouncing 'talaq' in one sitting would be considered final and the couple would be divorced. But, he would flog any man who said 'talaq' three times instantly, as deterrence. Muftis who came after Umar followed the course set by him. They began to deem the pronouncing of 'talaq' three times in one sitting as irrevocable. Then, in the 13th century, Islamic scholar Ibn Tamiya, opined that uttering 'talaq three times on a single occasion should not be taken as final; it must be regarded as the first step in divorce proceedings. Except for the Salafi scholars, the ulema, or Islamic scholars, did not accept Ibn Tamiya’s fatwa. Hence muftis continue to issue fatwas according to Umar's precedent. Thus Umar's decision on divorce came to be looked upon as ijma, or the consensus of the Muslim community, that cannot be changed. Only the Salafi group of scholars follows Ibn Tamiya’s opinion, the speaking tree while others follow Umar's precedent. In my view, it is wrong to consider Umar's decision as ijma. What Umar did was simply in the nature of an executive order given by a caliph, and it should not have been taken as ijma. But scholars of the later period did not accept Ibn Tamiya’s opinion, as they thought it was at variance with ijma. But, Ibn Tamiya’s opinion actually only ran counter to the executive order of a caliph and was not against ijma. Since the community considers giving talaq as a matter of the shariah, Islamic scholars ought to consideUmar's decision as purely the exеorder of an individual rather thait to the level of ijma. Secondly, toend quite conclusively to the praсtriple talaq, the state can take thethat it will revive and legitimisetQuranic practice of giving talaqperiod of three months and that ianyone goes against this, he will punished. In matters of marriage and which are very sensitive, Muslimlisten to the advice of the clergy. Tfore, the government should encoIslamic scholars to reach an agreethat Ibn Taymiyyah's opinion wawhile Umar's decision was actual ijtihad, a personal opinion, whichbeeither right or wrong. Ijtihad isalways subject to correction. Becamany women are suffering due toinstant triple talaq and the Bill ncgoing to Rajya Sabha, Muslimsmprotest in favour of this practice.
DISCLAIMER:
The views expressed in the Article above are Maulana Wahiduddin Khan kashmiribhatta.in is not in any way responsible for the opinions expressed in the above article. The article belongs to its respective owner or owners and this site does not claim any right over it.
Courtesy: Maulana Wahiduddin Khan Speaking Tree,Times of India
Follow The Prescribed Course For Triple Talaq
In Islam, there is a prescribed procedure for divorce. First, divorce is considered extremely undesirable. But, if a couple seek to divorce, they ave to follow a prescribed course. That s, the husband shall utter the word talaq' on three separate occasions to his vife over a period of three months. The intervening period between each utterance of 'talag' is meant for econciliation. If, after the end of the hird month, the husband finally utters he word 'talaq', then, the two will be ivorced. In the time of the Prophet and thefirst caliph, Abu Bakr, certain ndividuals would divorce their wives in ne sitting by uttering the word 'talaq here times, usually in a burst of anger. This is why the Prophet and Abu Bakr would regard the uttering of instant riple talaq as only one talaq, and they id not, therefore, finalise the divorce in such cases. But the practice of pronouncing 'talaq' in one instance continued till the time of the second caliph, Umar Faruq, who took another decision-he declared that pronouncing 'talaq' in one sitting would be considered final and the couple would be divorced. But, he would flog any man who said 'talaq' three times instantly, as deterrence. Muftis who came after Umar followed the course set by him. They began to deem the pronouncing of 'talaq' three times in one sitting as irrevocable. Then, in the 13th century, Islamic scholar Ibn Tamiya, opined that uttering 'talaq three times on a single occasion should not be taken as final; it must be regarded as the first step in divorce proceedings. Except for the Salafi scholars, the ulema, or Islamic scholars, did not accept Ibn Tamiya’s fatwa. Hence muftis continue to issue fatwas according to Umar's precedent. Thus Umar's decision on divorce came to be looked upon as ijma, or the consensus of the Muslim community, that cannot be changed. Only the Salafi group of scholars follows Ibn Tamiya’s opinion, the speaking tree while others follow Umar's precedent. In my view, it is wrong to consider Umar's decision as ijma. What Umar did was simply in the nature of an executive order given by a caliph, and it should not have been taken as ijma. But scholars of the later period did not accept Ibn Tamiya’s opinion, as they thought it was at variance with ijma. But, Ibn Tamiya’s opinion actually only ran counter to the executive order of a caliph and was not against ijma. Since the community considers giving talaq as a matter of the shariah, Islamic scholars ought to consideUmar's decision as purely the exеorder of an individual rather thait to the level of ijma. Secondly, toend quite conclusively to the praсtriple talaq, the state can take thethat it will revive and legitimisetQuranic practice of giving talaqperiod of three months and that ianyone goes against this, he will punished. In matters of marriage and which are very sensitive, Muslimlisten to the advice of the clergy. Tfore, the government should encoIslamic scholars to reach an agreethat Ibn Taymiyyah's opinion wawhile Umar's decision was actual ijtihad, a personal opinion, whichbeeither right or wrong. Ijtihad isalways subject to correction. Becamany women are suffering due toinstant triple talaq and the Bill ncgoing to Rajya Sabha, Muslimsmprotest in favour of this practice.
DISCLAIMER:
The views expressed in the Article above are Maulana Wahiduddin Khan kashmiribhatta.in is not in any way responsible for the opinions expressed in the above article. The article belongs to its respective owner or owners and this site does not claim any right over it.
Courtesy: Maulana Wahiduddin Khan Speaking Tree,Times of India