Triple talak :
There is no provision of triple talak (divorce) in a single sitting in the holy Quran, but there is provision of triple talak in three separate sittings in three consecutive months-(Surah Baqarah, Verse Nos. 228-231). So, what the Indian Supreme Court delivered on three talak is not historic, but reflection of the verses in the Quran.
Divorce can be given pronouncing the word ‘talak’ once in a single sitting, or twice in two separate sittings in two consecutive months, divorce becomes effective at the end of the period. However, on the both occasions, the conjugal life can be restored without going through hilla marriage.
But if talak is pronounced thrice in three separate sittings in three consecutive months, divorce will be effective closing the door to reconciliation between husband and wife. The former husband and wife can return to each other if wife marries another man and get
divorced.
Interestingly the Prophet Muhammad (SM) said: None should marry with the intention of giving divorce. But he said it with the objective of reducing hilla marriage. Imam Malek and a large number of Islami jurists said, “Triple divorce in a single sitting is unlawful.”
There is no provision of triple talak (divorce) in a single sitting in the holy Quran, but there is provision of triple talak in three separate sittings in three consecutive months-(Surah Baqarah, Verse Nos. 228-231). So, what the Indian Supreme Court delivered on three talak is not historic, but reflection of the verses in the Quran.
Divorce can be given pronouncing the word ‘talak’ once in a single sitting, or twice in two separate sittings in two consecutive months, divorce becomes effective at the end of the period. However, on the both occasions, the conjugal life can be restored without going through hilla marriage.
But if talak is pronounced thrice in three separate sittings in three consecutive months, divorce will be effective closing the door to reconciliation between husband and wife. The former husband and wife can return to each other if wife marries another man and get
divorced.
Interestingly the Prophet Muhammad (SM) said: None should marry with the intention of giving divorce. But he said it with the objective of reducing hilla marriage. Imam Malek and a large number of Islami jurists said, “Triple divorce in a single sitting is unlawful.”
Ameer Hamzah
Dhaka
