WHY TIN TALAK IS ANTI-ISLAMIC?

Hasan Mahmud

Congratulations to Indian government for passing the bill against the sharia law of Tin Talak. It is amazing to see that some Muslim clergies deprived Muslim women the right Islam gave them 1400 years ago; and now a secular government dominated by non-Muslim leaders gave that right back to Muslim women.

The sharia law of Tin Talak is Anti-Islamic because it (1) violates the Quran on four counts, (2) violates the Prophet (S), (3) ruins Muslim women and (4) defames Islam. We must realize that even if a husband does not apply his “right” of Tin Talak, his right to do so is violation of her rights and dignity. Let us look into related references in the Quran, Prophet (S), Muslim scholars and sharia law books to prove why this law is Anti-Islamic:-

THE QURAN:-

1. The Quran nowhere, even remotely, sanctions Tin Talak. This sharia law clearly violates the Quranic process of divorce that takes at least two months to finalize – (2:229). 
2. In most cases after initiating Tin Talak, the husband repents and wants to revoke it. The Quran gave him the scope of rethinking and cancel the divorce within two months. This Sharia law deprives him that great option.
3. Normally Tin Talak takes place in anger in the absence of witnesses. But The Quran commands to keep two witnesses of divorce – (65: 2).
4. By this law every married Muslim wife’s life hangs under the guillotine of divorce. It is against the Quranic dictum that God does not want to make life of innocent people difficult – (2:185, 5:6 and 22:78).

THE PROPHET (S):-

There are contradictory hadises on it. But the ones against Tin Talak comply with women’s rights and the Quran. Here are some examples:-  

1. Sahi Muslim Book 009, Number 3491:- Ibn ‘Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah’s Messenger (may peace be upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said: Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them.
2. Sahi Muslim Book 009, Number 3492:- Abu Sahba’ said to Ibn ‘Abbas (Allah be pleased with them): Do you know that three (divorces) were treated as one during the lifetime of Allah’s Apostle (may peace be upon him), and that of Abu Bakr, and during three (years) of the caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be pleased with them) said: Yes.
3. Sahi Muslim Book 009, Number 3493:- Abu al-Sahba’ said to Ibn ‘Abbas: Enlighten us with your information whether the three divorces (pronounced at one and the same time) were not treated as one during the lifetime of Allah’s Messenger (may peace be upon him) and Abu Bakr. He said: It was in fact so, but when during the caliphate of ‘Umar (Allah be pleased with him) people began to pronounce divorce frequently, he allowed them to do so (to treat pronouncements of three divorces in a single breath as one).
4. Sunan Abu Dawood – Book 12, Hadis 2194:- Narrated Abdullah ibn Abbas: Tawus said: Abus Sahba’ said to Ibn Abbas: Do you know that a divorce by three pronouncements was made a single one during the time of the Prophet (peace_be_upon_him), and of Abu Bakr and in the early days of the caliphate of Umar?  He replied: Yes.
5.  Normally Tin Talak takes place in anger in the absence of witness. But according to Prophet (S) divorce without witnesses is invalid – Sunan Abu Dawood, Book 12 Hadis 2181.

ISLAMIC SCHOLARS:-

Many prominent Islamic scholars severely denounced this barbarity against Muslim women in the name of Islam. Here are few examples:-

1. “If anyone applies Tin Talak then it will be strongly against Islami Shariyot. He left the guidance, adopted disobedience and lost Islam”  – “The Lawful and the Prohibited in Islam” – Dr. Yousuf Qarzavi – (Bangla translation) page 300.
2. “Many years after the death of the Prophet a new form of divorce made its appearance as an innovation (Bid’ah). The husband utters Triple Talak or conveys it to the wife in writing. This form of divorce leaves no room for reconsideration and repentance. When ignorant people do it they commit a heinous sin against the precepts of the Shariah. The Holy Prophet has very severely denounced this practice” – “Shari’ah The Islamic Law” – Dr. Abdur Rahman Doi – page 179.
3.  “When Prophet’s companion, Rukana Abu Yazid, pronounced Triple-Talak to his wife, Prophet (S) said, “All three counts as only one. If you want, you may revoke it”. And :- ““During the time of Prophet, Caliph Abu Baker and early days of Caliph Omar, three utterances of TALAK at one time were counted as ONE.  Omar proceeded to impose such a rule (of instant divorce) – “Women in Islamic Shari’ah” – by Mawlana Wahid Uddin – page 109.
4. “Imam Nasai quoted from a narration by Ibn Labid, “When the Prophet got the news of a person pronouncing TALAK thrice to his wife at the same time, [Prophet] was agitated and said, ‘Are you mocking God’s Book, when I am still around”? – Bengali tafseer of the Quran by Mawlana Muhiuddin Khan – page 127.
5. “According to Sahi Nasai, after hearing a companion pronounced TALAK thrice at the same time to his wife, the Prophet (S) stood up in anger and said, ‘are you mocking at God’s Book even though I am still around? – “Women’s’ Right In Islam” page 51- Sharif Chaudhury. 
6. “This law has been recorded In Hanafi and Shafi’i law but actually it is a pre-Islamic practice” – “Rights of Women and Muslim Societies”- Dr. Asghar Ali Engineer – page 48.
7. Hz. Omar (R) also used to punish the husbands (who uttered Tin Talak) with 40 lashes but I did not find any punishment to him in any Sharia law books.

SHARIA LAW OF TIN TALAK:-

All Islami scholars strongly believe in Prophet’s (S) caution about any new innovation (BIDA’T) in Islam. But when it comes down to instant divorce (Talak Al-Bidah) many of them strongly establish it as “Allah’s Law”.  Many Muslims realize the brutality of this law and think that this cannot be “Allah’s Law”; it is misapplication of ignorant clergies. But the fact is, – this law is indeed present in the sharia books.

1. “Effective number of utterances corresponds to whatever number he has in mind, twice or thrice” – Shafi’i Law Umdat Al Salik # 5.N.3).
2. “The number in the husband’s mind or signs made with his fingers determines the number of divorce – Hedaya the Hanafi Law page 81.
3. “Final divorce takes place if a husband utters Triple Talak to his wife with one sentence at one time or with separate sentences in different times” – Codified Islamic Law, Vol. 1 Law # 351 – in Bengali, published by Bangladesh Islamic Foundation.   
4. “If someone takes such step then this shall effectively lead to final Talak. This cannot be renounced and there shall be no way for renewal of marriage – Tafseer of the Quran by Mawlana Muhiuddin Khan (Bengali), page 128. 
5. Triple Talak is legitimized even under compulsion, intoxicants and in jokes – Deen Ki Bate (Bangla translation) by Mawlana Ashraf Ali Thanvi, pages 251 and 253.
6. The Quran dictates to keep two witness of divorce (65:2). But the Sharia law states that: – “Keeping witness is not a condition for a husband to divorce his wife” – Codified Islamic Law, Vol. 1 Law # 344 – in Bengali, published by Bangladesh Islamic Foundation.

Hope it is amply clear that the Sharia law of Tin Talak is Anti-Islamic. We must realize the insult and pain of victims of Tin Talak and annul it.  Hope our Alims will protect her honour and rights given by the Quran and Prophet (S).

The author is a researcher, author and speaker on Human Rights in Islam. Email: – hasan@hasanmahmud.com

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