Several Muslim clerics are reportedly bypassing the recent ban on the practice of triple-talaq by providing insidious advice suggesting instant dissolution of marriage to men seeking divorce.
An investigation by India Today has found that despite proposed legislation on Muslim divorce being on the verge of being introduced, muftis or religious leaders are defying the Supreme Court ruling passed in August which deemed the practice unconstitutional.
Modification Of Triple Talaq
The investigation found that muftis are advising male divorce-seekers to slightly alter the banned commandment of triple talaq so as to grant a quick but legally safe separation from their wives.
Under Islamic personal laws three main methods of divorce are available – talaq-e-ahsan, talaq-e-hasan and the banned talaq-e-biddat or triple talaq.
Instead of stating talaq three times, Muslim husbands are being advised to change the terminology a little to end their marriage quickly, as per the investigation.
Mufti Fahimuddin, who is in charge of the Arabia Hidayatul Islam Madrasa at Loni near Ghaziabad, told an undercover team of the media outlet that the term “talaq-e-bain” can be used in place of triple talaq to dissolve the matrimony immediately.
The mufti advised the undercover reporter that with talaq-e-bain, “the wife will be separated”. And that if she wants to revive the marriage, a mufti or a maulvi will need to solemnize it afresh
According to him, saying “in one breath that ‘I am giving you talaq-e-bain’” will result in the instant dissolution of marriage. Mufti Fahimuddin claims that with this method, the Supreme Court order can be bypassed to get quick separation.
No Legal Issues From Modifying Terminology
Another cleric Mufti Sadiq, working at the Zeenat-ul-Islam Madrasa at Loni, also advocated talaq-e-bain for instant divorce. According to Mufti Sadiq issuing talaq-e-bain will result “in instant riddance as soon as it’s uttered”.
The mufti assured that this method will not cause any problem since it is permitted under law.
Yet another Mufti Asrar, who operates the Darul Uloom Jamiat-ul-Siddiqui Madrasa in western Uttar Pradesh, has suggested that divorce-seekers give talaq-e-bain in writing and not verbally.
According to him, if the talaq-e-bain is given in writing then, in case the wife accuses the husband of using triple talaq, the note can be shown as proof.
