A Solution to the Difficult Question of ‘Triple Talaq’

 

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By Syed Mansoor Agha

An essay titled ‘Triple Talaq: Solution of the Difficult Problem’ by Mufti Irfan Alam Qasmi, editor Aab-e-Hayat, Bhopal which he had originally penned for the Calcutta session of All India Muslim Personal Law Board which he also attended on their invitation, has been published.

Let our scholars ponder, in the light of Qur’an and Hadith, and suggest appropriate punishment for those who announce three talaqs in one go, such as a fine of Rs. 50,000 and six months imprisonment. This will help the women and will also put a stop to the practice of Triple Talaq, an undesirable practice in Shari’ah

Through this write up he advises the Board: ‘Let our scholars ponder, in the light of Qur’an and Hadith, and suggest appropriate punishment for those who announce three talaqs in one go, such as a fine of Rs. 50,000 and six months imprisonment. This will help the women and will also put a stop to the practice of Triple Talaq, an undesirable practice in Shari’ah.

Mufti Saheb mentioned Prophet Muhammad’s (PBUH) displeasure at such a practice and also mentioned the punishment of lashing of people [who gave triple talaq in one sitting] during the time of Caliph Umar (RA).

I phoned him and asked how, in the absence of executive powers, such a punishment could be enforced? He agreed with me and the gist of what he said, as I could gather, is that he wanted to suggest to the Board to talk to the government on these lines.

The Board should think over this suggestion and if it feels that the Supreme Court should pass a judgement or the government should pass an act, leaving the provision of Triple Talaq in one sitting intact, but introducing these punishments onto those who practice it, then it should inform the court through an affidavit.

This will end the discrepancy that seems going on among the Government, Supreme Court and the Ummah. I think this is a sensible suggestion provided politics does not come in the way.

Translated and excerpted by Urdu Media Monitor.Com from Jadid Khabar, 1 December 2016

 

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