By Mohsin Saleem Ullah
In the Muslim society, divorce has nearly become a taboo. A large group of Muslim women, all around the world, have gone through the agony of “Instant Divorce” (Triple Talaq in a single sitting) in their lives. The majority of them were not even present in person when their husbands uttered those three words. This has led the divorced women around the globe to raise questions and ask for an explanation from the court. Their only question, “If men can divorce women instantly, why can’t women?”
In Pakistan, India and Saudi Arabia, cases have been seen where Muslim men have divorced their better half through a simple SMS or other online services such as Skype, IMO and Whatsapp. This triple talaq is lawful and permitted under the Muslim personal law (Shariat) Application Act of 1937, which expresses that husbands can get divorced from their wives by just saying “talaq” three times.
With such separations, which are accessible just to men, husbands can remove their wives from their homes, for the most part with no divorce settlement or alimony help, leaving the ladies with couple of assets or prospects. This is where women can work things out. A greater part of Muslim women in Pakistan are uneducated, and just 20 percent have ever worked outside the home, according to a province wise literacy survey conducted in 2015. Mostly women are uneducated and do not know their rights. After a divorce, a woman has the right to ask for alimony from the ex-husband. The ex-husband is under obligation to provide for his wife and children under the divorce law.
Divorce is one of the most discouraged legal acts by Allah. Before Islam, the Arabs were free to divorce their wives and take them back as they pleased. When Islam came, this practice became invalidated.
As indicated by the Prophet’s truism, offering talaq to the wife in a fit of rage or anger is entirely denied. A man is more capable - in any event hypothetically - of controlling his fluttering feelings and individual responses when vexed about the little issues in life, particularly regarding the debate with his better half. It has been scientifically proven that women make decisions based on emotions and have frequent mood swings due to the hormonal changes that keep occurring in a woman’s body. Divorce should never be a brisk response for affliction, false impressions, or contrasts of perspectives, however, if all else fails and last arrangement when life turns out to be perilously dangerous and grievous, wherein both life partners are worried about the possibility that they won’t have the capacity to submit as far as possible set by Allah and His Prophet about respectable conduct with each other.
However, women can also divorce their husbands. There are comprehensively two techniques under which a woman can claim divorce. One is Talaq-e-Tafweez and the other is Talaq-e-Khula. Under Tafweez, the spouse “may” designate his right to offer talaq to his significant other or any outsider. This right has to be in the form of a contract.
The second one is Khula. This is a separation which is at the “demand” of the wife. For this situation the wife needs to make an offer of separation to the man. The man must acknowledge the offer with consideration, which frequently implies the wife needs to give back the Meher taken amid marriage. After these two stages, a Khula is conceded.
The women, regardless of whether separated by talaq or khula, requires to have iddah (3 months holding up period) before getting married to another person. The purpose for this is to guarantee that the male parent of any offspring produced after the cessation of a nikah (marriage) would be known.
Still Muslim women around the world have walked rallies to ban the instant divorce law in Islam. Recently, a Muslim woman from India, Begum, 25, did the inconceivable. In the wake of detailing her husband for aggressive behavior at home, she remained outside Meerut police headquarters in Uttar Pradesh state and yelled the expression herself alongside his name. Begum is thought to be the first woman in India to have utilized the triple talaq to divorce her husband. All the while, she has opened another front in the battle to end the practice. More than 20 countries including Egypt, Turkey, and Algeria have started following a secular family law which requires a legal document by the court in order to give divorce. India has also joined the list of these countries. Recently, the Indian High Court struck down the instant divorce law due to the increasing number of cases filed against this law by the Indian Muslim women.
Islamic law is frequently reprimanded as being too backward where women’s rights are concerned. On account of separation, Islamic law is in reality significantly more liberal in a few respects than the Western gathering of people who blame Shariah Law. Divorce is both permitted and acceptable under Islamic law and the husband or the wife can independently ask for the divorce. What is far less liberal is the cutting edge elucidation with respect to divorce found in various traditionalist Muslim communities. However, and still, after all that there are non-Muslim nations that are similarly as terrible – if not more awful – in issues with respect to unjustifiable separation arrangements. While people will not let any no divorce system on the planet as a flawless framework, it is critical to modify approaches that are uncalled for against a specific populace gathering. Overlooking the issue undermines the modification of marriage, as well as encroach on parts of human rights. At the end, this might be one of the principal social issues that need to be addressed on as it incorporates further into current worldwide society.
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