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The telescopic tell of 'triple talaq's' tome theology!
Actually the verdict is not against the practice of talaq as ordained in the Sharia but against the misuse or wrong approach that the uneducated, insensible and bigoted Muslim youth have taken towards the whole issue.

Talaq is an effective tool that has given provision for corrective measures chiefly to bring reconciliation and re-union of marital life among the spouses which always have positive bearings.

The Sharia, as for instance, and the Quranic injunctions could never accept the provision for anything which is not based on reason or which is arbitrary leading to any kind of decision which is inhuman, arbitrary or unreasonable.

Justice Rohinton Nariman points out this fact particularly when he says, "Triple talaq, which is irrevocable and is valid under Muslim Personal Law even when the husband assigns no reason for his action, is arbitrary, and therefore, unconstitutional." Justice UU Lalit also endorses this view.

Justice Joseph also holds the same view when he observes, "Holy Quran nowhere endorses irrevocable instant talaq therefore triple talaq is not a part of Sharia, and cannot be enforced under the Shariat Act-1937." Hence Justice Joseph ruled, "What is sinful in theology must be held bad in law as well."

Here the Hon'ble justices refer to the misuses and arbitrary pronouncements of triple talaq without reasons which are made chiefly on whims and evil impulsive motives which could never have any sanction of Sharia or Quranic injunctions.

It we objectively examine the petitions of the five divorcees, namely Ishrat Jahan, Shayara Bano, Afreen Rahman, Atiya Sabri and Gulshan Parveen, we do find that these women have undergone a lot of sufferings, domestic tortures and abuses due to such triple talaq which, therefore, does point out the negative impact of this practice on the socio-economic life of Muslim spouses.

In view of this background, Justices Nariman and Umesh Lalit have pointed out that such form of talaq is manifestly arbitrary in the sense that the marital tie can be broken capriciously and whimsically by a Muslim man without any attempt at reconciliation so as to save it. They have further pointed that triple talaq being arbitrary and whimsical, takes us to the pre-Islamic period against which the Quranic injunctions and Sharia have formulated new process of talaq based on reason and positive approach.

Hence to them, "in the absence of good reason, no man can justify a divorce, for he then draws upon himself the curse of God. Indeed, Prophet Mohammed had declared divorce to be the most disliked law in the sight of God. The reason for this is not far to seek. Divorce breaks the marital tie which is fundamental to family life in Islam. Not only does it disrupt the marital tie between man and women, but it has severe psychological and other repercussions on the children from such marriages".

In other words, while two judges namely the then Chief Justice and justice A Nazeer have concentrated on upholding the right to freedom, right to religion and above all, the absolute right of Muslim Personal Law, the other three judges have pinned on the social abuses and arbitrary character enshrined in the triple talaq, which becomes the majority opinion that sets aside this practice.

Viewed from and objective and impartial angle, this verdict in no way jeopardizes the fundamental rights of the Muslims. Obviously triple talaq, which was most disliked by the holy prophet and held bad in the sight of God, must not be indulged by the spouses so whimsically or arbitrarily.

Finally, it all depends on approaching an issue with a correct perspective and right reasoning. There are many issues which have led a few sections of Muslims to make wrong use of practices, pushing, thereby the entire Islam and its followers to great shame, blemishes and misunderstandings.

Take for example, the case of jehad which in Islam has its positive meaning of fighting with the inferior self for its purification. But a section of Muslim has taken the negative meaning of cleansing the world from the unbelievers to lead Islam to its earlier state of purification. This view has opened a Pandora's box for Islam as all kinds of terrorist activities are organized in the name of jehad that has completely tarnished the clean and perfect image of Islam.

No court of law, anywhere in the world, can uphold and justify the action of these terrorists for killing thousands of innocent people in the pretext of jehad. Islam is a religion of peace always upholding the cause of humanity and no action which is against humanity can be justified by Islamic principles.

Similarly, various social and domestic abuses which are committed through triple talaq are required to be done away with following the Islamic principles based on the law of humanity. Hence the Muslims in India should strive to seek unity among themselves in order to assert their right to religion, right to freedom and right enshrined in the Muslim Personal Laws and need not lose their time and energy in matters which have negative bearings on their social life.

You can also read its first part, "Analysing 'triple talaq' through the spectrum of reason!"

Editorial NOTE: This article is categorized under Opinion Section. The views expressed in this article are solely those of the author and do not necessarily represent the views of merinews.com. In case you have a opposing view, please click here to share the same in the comments section.
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