THE furor continues about Talaq (divorce) that it is a menace abhorred by all and sundry. The sword of Triple Talaq hangs precariously, like the sword of Damocles on the head of each Muslim woman. Among all problems of Muslim women, Talaq is prominently focused as the most frequently misused permission of Islam and arguments are put forth about the outright abrogation of this permission. The whole of Indian society, the media and the political seers see ‘Talaq' as a smear on the fair face of Islam. This situation has originated actually from the misconceptions and wrong practice of Talaq by the Muslims. There may be rare cases where the Islamic spirit behind divorce is respected and followed. But mostly in the subcontinent, Talaq is misused and utilized to oppress women. There is male domination in the Muslim society and this ultimately prompts men to use the Islamic injunctions to their favor and to the loss of women. But the fact is that like most of the misunderstandings about Islam, Talaq is also a misunderstood term and more often misused than any other tenet of Islam. Islam holds marriage not only as a sacrament but also as a contract. Marriage is recommended and illicit sexual relationship abhorred. But unlike other systems, Islam stands for individual freedom so long as that freedom does not stand in the way of anyone else's freedom and human rights. Hence the permission of divorce in Islam stands surprisingly for the protection ofwomen. Apparently, the right to divorce is only given to men. Before the advent of Islam, people in the Arabian Peninsula used to follow no norms as regards divorce. They would divorce a woman umpteen times and take her back within the period of Iddah thus shackling her into subjugation so that she could never get her freedom and right to remarry. Islam restricted this freedom to effect divorce and formulated a law for divorce according to which a man can divorce his wife only twice, and if he uses it for the third time his wife will be free to go her own way and remarry if she pleases. Although Islam has allowed man to divorce, it has also imposed on him many responsibilities. The first and foremost point to note is that it is to be resorted to as the last option, when no option is left and the relationship between husband and wife becomes extremely strained. Since marriage is the means through which love and affection is firmly established between the spouses naturally, any constraint to the natural flowering of love would hamper the very aim and objective of this relationship. There comes a point where this relationship may turn sour and a great gap between two persons may develop. If such a situation arises in marriage, it is advisable to end up the relationship rather than undergo unbearable lifelong suffering because of breakdown in relationship. The matter is a personal one and may entail dishonor to the concerned parties if brought in public. The dishonor is more likely to affect the woman as it would stain her personality. The Qur'an therefore advocates that in such circumstances it is better for the husband to divorce the wife and free her to marry anyone of her choice, rather than keep her in lifelong bondage. While the man is given the right to divorce he is also entrusted with the liability to pay the full Mahr (obligatory bridal money given by the husband to his wife at the time of marriage) and maintenance during the Iddah period. Not only this, Islam has also put certain moral limitations in the case of divorce. It is utterly un-Islamic to pronounce three Talaqs at one sitting, and the Qur'an is openly specific that Talaq must be pronounced in three consecutive months one after another. During the first two pronouncements, the husband would have a chance of reconciling with the wife during the ongoing period called Iddah, and this kind of pronouncement is called Talaq Rajai' (revocable divorce). But the final third pronouncement would terminate the spousal relation permanently, after which remarriage with the same woman would entail a very long process which is next to impossible. This process would require that the divorced woman gets married and the marriage is consummated. Thereafter if the second husband were to pronounce Talaq, only then would the previous husband have the chance of marrying her. This whole process should be natural and there should not be any element of maneuvering in it. If this process is contrived and arranged, it would be illegal and un-Islamic. The process has been made so difficult only to prevent men from divorcing without thinking. It is a sort of preventive measure. Another psychological hindrance is that Talaq is to be pronounced only during the period after menstruation of the woman, and not in the menstruation period itself. By doing this, Islam has considered sympathetically, the stage of mental and psychological turmoil which a woman undergoes during the period of menstruation and ruled out any possibility of wrong decision on the part of the husband. It is quite likely that during her menses, a woman may be more disposed towards anger or short temper, and show an impulsive behavior which is not her normal behavior. To prevent the occurrence of Talaq, Islam prohibits men even to pronounce Talaq during the menstruation period. One more limitation is that Talaq cannot be pronounced in the period when the husband and wife have had intercourse, for it is not clear whether the intercourse has resulted in pregnancy. Hence Talaq can be pronounced in the period of cleanliness after menstruation in which the husband has had no physical contact with the wife. As regards the pronouncement of triple Talaq in one sitting, it has been greatly discouraged as a wrong process which: is expressly against Shariah. Although scholars opine that the Talaq would take place even if it is pronounced in this way, but it would be a grave sin, on the part of the husband because he has disobeyed Allah's command. In fact, sincere compliance with any command or law is possible only when there is fear of accountability to and punishment from some higher authority. When fear is not present, the feeling of accountability becomes dim, and when there is confirmation that a criminal can run scot-free, there, can be no constraint or compunction. The driving force in Islam is that it appeals first and foremost to the sense of accountability. Strong and firm belief in God's existence is coupled with a staunch belief in reward and punishment for one's deeds, definitely in the Hereafter. A believer who is fearful of losing in the Hereafter by being punished for his sins will adhere to the commands of God as though it were his only hope of redemption. Hence only those Muslims who are true believers in God and the Hereafter, will abstain from wrongdoing. Those who make a mockery of the Islamic Shariah, may thrive and prosper in this world, but will be justly called to answer for their deeds in the Court of God in the Hereafter. This is true of every law of God. The proper practice of Divine commands can be expected only when Muslims realize the extent of harm they are doing when they break God's injunctions. The whole of the Muslim society must realize this. Only then do we have a hope of creating a just society where women are accorded their due position of respect and dignity, free from oppression of all kinds and free to steer their life's ship in a dignified way. – Radiance Viewsweekly, New Delhi, India __
