According to the Holy Koran, the holy Islamic text, there are only two types of talaq or divorce: Talaq-e-Ahsan and Talaq-e-Hasan. Out of the two, while Talaq-e-Hasan is a preferred more of divorce, it is Talaq-e-Ahsan, which is the more preferred mode of divorce.
Under the Talaq-e-Ahsan, the husband must pronounce the word ‘talaq’ and not have any physical relationship with his wife for the next three months. In case, he changes his mind post the three months, the marriage continues to remain valid without the need for Nikah Halala. In case of Talaq-e-Hasan, the man pronounces the word ‘talaq’ thrice, but it must be spread over a period of three months.
Instant divorce, which is formally referred to as ‘Talaq-e-Bidat’ or ‘Triple talaq’ as used in common usage, is a type of Talaq that was propagated after the Prophet’s (pbuh) death, whereby a man can divorce his wife by pronouncing the three talaqs…all in one go… What’s more, he can do it even while drunk (as once explained by the Deoband)! In fact, what’s even more bizarre is that the women may not even be present (or even be aware) while the Talaq is being pronounced by her husband. [Note: In fact, Emails, SMSes, and WhatsApp/Facebook Messages too were being used by the husbands to divorce their wives.]
A simple cursory reading of the Koran is enough to determine that Talaq-e-Bidat actually goes against the very grain of Islamic teachings. For the Koran considers marriage to be an important duty that needs to be fulfilled by both the man as well as the woman. Thus, to divorce is to sin…in the eyes of the God! Thus, when Talaq-e-Bidat is unIslamic, how can it be lawful?!?
This is precisely why most countries, including the theocratic Islamic states and countries with a Muslim majority, have banned the practice of Talaq-e-bidat, such as Pakistan, Bangladesh, Iran, Iraq, Tunisia, UAE, Qatar, Egypt, Jordon, Malaysia, Algeria, etc.
If you notice the list of countries that have banned Triple Talaq, one name that should jump out at you is ‘Iraq’. The reason for this is simple. Triple Talaq, as a practice is quite prevalent amongst those Muslim community that follow the Hanafi School of Islamic Jurisprudence. Now the Hanafi School of legal thought itself originated in the eighth century in Kufa, Iraq and is based on the teachings of Abu Hanifa. [Note: Of course, if you want to understand the importance and relevance of Kufa…consider this: When Ali (Prophet Mohammad’s cousin and son-in-law) became the fourth Caliph, he moved his capital to Kufa, Iraq.]
And now, think about this: The Hanafi school of law that actually validates Triple Talaq originated in Iraq. And yet, Iraq recognises the unIslamic character of Talaq-e-bidat, and thus banned this practice in 1959, wherein it became one of the first Arab countries to ban Triple Talaq.
Thus, one thing’s clear: If Talaq-e-bidat was found to be unIslamic by the very school of thought that validated it and have subsequently been replaced by most Islamic nations across the world, why then were we waiting for so long! Then again, as wise men say: it’s better late than never!
