Shakila's case of triple divorce

IN A recent case of Shakila Parveen who was given triple divorce by her husband, Mr. Justice Basudev Panigrahi of the Calcutta High Court in his judgment last month has interpreted the Iddat period in his own generous way and extended it ``till the time the divorced Mohammedan woman remarries''. He has obviously interfered with it even though it is clear in the text of Quran that the divorced woman has to wait for three (menstruation) courses (Q.2: 228). In this waiting period, namely the Iddat, a divorced woman cannot marry any other person. She is entitled to maintenance only during the Iddat period under Muslim Law.

This liberal interpretation of Mr. Justice Panigrahi is against the express provision of the Shariat. Muslims cannot accept any rule or proposition of law (in their Family Law) contrary to Quran - the primary source of their religion.

The situation appears to have arisen from an abrupt triple divorce given to Shakila Parveen by her husband. There has been a demand to abolish triple divorce from many Muslims of the country. Who can abolish triple divorce, an existing practice by Indian Muslims? The Indian courts recognise its effect to break the marriage between the parties. To abolish the triple divorce is not an easy job as it is a controversial issue. But we cannot remain silent spectators to the sufferings of Muslim divorced women who are left in a helpless and miserable condition by pronouncing the word talak three times in quick succession.

This form of talak is a `Talaka-e-Bida', which is against the spirit of Quran and Ahadis. The Quran warns the people not to adopt this method saying `And do not make jest of Allah's signs (commandments)'' (Q.2: 231).

The marriage in the Muslim Law is essentially a civil contract. As in any other contract, conditions may be agreed and binding on the spouses.

It is time that in the interest of the Muslim community till the abolition of triple divorce through a proper legal process acceptable to Muslims, restrictive measures against this kind of divorce should be adopted within the framework of the Muslim Law. The Muslim social organisations, religious institutions and preachers should play a role to inform the members of the Muslim community about their matrimonial rights and duties laid down in Quran and Ahadis.

All the Muslim marriages are registered. The Qazis throughout the country prepare `Siaha' or `Nikhanama' for every marriage.

Now the Muslim Wakf Boards are maintaining records of the marriages. I propose that the Muslim Wakf Boards, in consultation with the Muslim institutions, the learned in the Muslim Law and Muslim advocates, may incorporate the terms and conditions of the marriage in `Siaha' or `Nikhanama'. Each spouse may be required to sign below the conditions with endorsement that the above conditions shall be binding upon him/her. The Qazi shall attest the endorsement.

Terms and conditions

If divorce becomes an absolute necessity, the spouses shall observe the following conditions:

1. Before exercising right of divorce the matrimonial dispute shall be referred to arbitration for reconciliation (Q.4: 35).

2. Divorce shall take place in the presence of two witnesses to keep the testimony upright for Allah (Q.65: 2).

3. Divorce shall be pronounced when the woman is in a state of purity by accurately counting her prescribed period (Q.65: 1).

4. Divorce shall be pronounced in a period of three (menstruation) courses (Q.2: 228).

5. When the wife wants a separation through `khula' form of divorce, the husband shall set her free (Q.2: 229 & 231).

6. Husband shall not leave his wife in suspension (Q.4: 129).

7. Husband shall not pronounce talak three times in quick succession except in case of mutual consent for separation between the spouses.

MOHD. ABDUL KHADEER

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