Citing increasing divorce rates, Islamic Idelogy Council’s chairman Maulana Muhammad Khan Sherani said repeating the word talaq (divorce) ‘thrice’ is unlawful and rather a spouse should say the words over a period of time.
"Saying the word talaq thrice consecutively is against the Sunnah," the chairman said.
Islam requires the divorcee to pronounce 'talaq' thrice for it to be legalised. However, the council has upheld it should not be said consecutively.
Maualana Sherani said people get divorced without any hesitation nowadays and much more care should be taken while ending such a 'sacred' relationship.
Islam takes distinction over other religions when it comes to women’s rights, going as far as allowing a woman to seek divorce from her husband if he fails to fulfill his obligations. However, despite laws concerning litigation over matrimonial disputes Pakistani women, face great humiliation and hardships when it comes to safeguarding their rights.
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Further, last year several rights activists condemned a report of the CII declaring the law requiring consent from first (second or third) wife for another marriage un-Islamic. The CII had said that Sharia did not bind a husband to seek permission from any of his wives before contracting another marriage.
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Aurat Foundation manager Mumtaz Mughal said, “The CII is acting as a supra-state body it has nullified the little constitutional and legal gains working classes, women and non-Muslims had made so far. It nullified land reforms of the 1970s, it dismissed tests as evidence of criminal violence against women and now it is attacking the civil rights of women in Pakistan.”
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This discussion about the talaq thingy misses other important points. Then there is the 4 wives issue and the unfair islamic law of the husband having to pay only 90 days of sustenance for the divorced wife.
In India, in the famous Shah Bano case, the poor old lady was left destitute as the husband refused to pay anything after 90 days. The case was contested in the courts from 1978 to 1984. In 1985, the Supreme Court ruled in favor of the old lady and was awarded proper divorce payments. The Muslims took to the streets and agitated against the SC decision as being against the teachings of Islam. They made such a violent ruckus that the then Congress government cowardly passsed a law that negated the just decision of the SC.
Women have been the victims of these practices.
As far as I know no matter how many times u say Talaaq, say 3 or 10 it is ONLY COUNTED AS ONE. Then the husband and wife have 90 days to re concile in which if they fail to do so, the Talaaq has occurred. If they reconcile, then 1 Talaaq is counted.
We need to have a clear law on this.
Sources, Surah Nisa.
It is fine that "Talaaq" stays invalid if not completed as required by Islam because it is a religious matter. But punishment?..............come onnnnnnnn. Next we will hear that offering paryers at home is also punishable because it is more desirable to offer it at the mosque! Sins are not crimes. Imagine a society where criminal proceedings will be initiated against a man by his ex-wife for divorcing here thrice, while the divorce will stay valid in any case!
This man and his ilk with their medieval mindset and barren thinking are surreal. The Muslim world is faced with total collapse (internal and external) and all they can do is impotently talk about divorce ! How about opening your mouth against the evils of terrorism, sectarianism, corruption, paedophilia, rape, the decay in Muslim thought and culture etc, etc,
If these people are the keepers of 'Islamic Ideology' then the writing is on the wall. The great Muslim intellectuals of the past must be turning in their graves as today we are left with nothing but dead wood muppets as their inheritors.
@sharjeel: Ummat Muslima biggest Problems: 1) Who is a Muslim and who is not 2) Who is a better Muslim and who is not 3) Yahoodi Sazishain 3) Can you marry more than one wife , her permission is necessary and how to do Talaaq. The rest of the matters are not important at all.
Now effectively you have divorced your wife, as per sharia.@sharjeel: Even if it was in the form of a question, you have now fulfilled the conditions for a divorce. Therefore, you are hereby pronounced 'DIVORCED'. Don't forget to inform your latest marital status to your ex-partner.
@Question: You can have your wife that way, lol! They do in India and old China! Under Ayub Khan law; She can get divorce from court. It's called Khulaa!
What if a women has to divorce. Does she say talaq thrice...or thrice over a few months. And what if she wishes four husbands... does she seek permission from each. Please enlighten CII.
Wait, so it should be punishable, but it is still a valid way to divorce?
Divorce is one of the matter which is a challenge for the Pakistani society to cope with though there are many reasons for giving or taking divorce.
One of the main reasons for husbands to give divorce to their wives are the use of cellular/mobile phones which are used by the young wives for talking with their ex or present boy friends.
Thanks to the cellular technology which instead of bonding relations between husbands and wives has become core reason for seperating them once and for all.
The CII and its head seem to be obsessed with matters pertaining to women and marriage....it seems that according to them there's nothing else that Islam teaches.
Misrepresenting Islam on ET: "Islam requires the divorcee to pronounce ‘talaq’ thrice for it to be legalised." Islam does not require any such thing. If a man divorce by saying talaaq only once, and waits the idaat without doing rujuu, the women can marry another man. There is no requirement for the talaaq to be said 3 times. once three times than the woman cannot marry the husband or rujuu, unless she married and get divorce again. however, this later rule is being abused in the name of halala too. islam says if it happens three times (preferably in 3 seperate occassions) then it is difficult for the pair to stay together happily and best if they move on with their lives seperately.
@Indian:
What do you mean disgusting? She has an equal right to seek divorce. If two partners have irreconcilable differences then divorce should be the next logical step.
after 1400 years he found what the Islam is "actually" saying about talaq. Not bad
I wonder the CII doesn't see any sort of terrorism nor it comments on related issues . Its just after Women. I think the CII must play its due role in ending the scourge of terrorism and give some breathing space to women for some time. OIC , CII and many other Islamic National and international Institutions are just there to Condemn acts of terrorism which everyone can do. They should be made functional in true letter and spirit or either dissolved.
There is a good reasoning and logic behind what maulana Shirani says. A cool-down period makes sense. He is trying to interpret the religious laws as properly and as best as he can and trying to bring forth the logic.
It’s a good step but instead of punishment they should have recommended that “triple divorce in a session should be considered as one divorce”triple talaq is valid according to hanfi’s the recommendation should be that it should not be given at all
Is divorce a real social problem of Pakistan?
Ummat Muslima biggest Problems: 1) Who is a Muslim and who is not 2) Who is a better Muslim and who is not 3) Yahoodi Sazishain 3) Can you marry more than one wife , her permission is necessary and how to do Talaaq.
The rest of the matters are not important at all.
That is also the divorce law in many states in the US. There is a separation time after the couple or one of them decides to divorce. The couple is legally divorces once the separation time (usually 1 year) is over. This allows them to rethink their decision by living separately and experiencing how the life is living apart.
Very consistent with the Sunnah of divorce where the separation period is 3 months.
@Rehan: Not Knowledgeable as You Are Sir! Where does Guys like you come from,, BTW? Do YOU, Sir. have any religious Knowledge of any law or act to discuss with anyone with proof and precedent? I strongly suggest you go to their institution and ask them yourself(you are safe there, believe me) how they find out and what school taught them and what was the basis it set for it.
Exactly! this is the correct method to give divorce per sunnah.
thats right way and CII rules should be adopted but like always it would be ignored by national assembly
Mr. Tariq is cent percent right...until now, this matter was not being handled according to sunnah.Now this more in sync with sunnah.Anyone who has atleast read a book regarding Islamic law and jurisprudence(be it as an optional subject for competitive examination) understands it.
@sharjeel: Say it to the relevant person however you want to. There is no need commenting about it here on ET.
@ Anon : @sharjeel: dont waste your time in reading just focus on crushing candies.
And all of you here who are just saying things do not know that the correct method or the process to divorce a wife is spread across a span of months.. Read Surah Baqra and then talk. The relationship between a husband and a wife is the base of any society and Islam takes the measures not to let it break so easily. Just read Surah Baqra and you guys will know the seriousness of this issue. People can so easily say talaq talaq talaq and do not even realize what mistake they are committing.
Should I say 'may talaq deta hun', 'may talaq deta hun', 'may talaq deta hun' OR Day 1: 'may talaq deta hun' Day 2: 'may talaq deta hun' Day 3: 'may talaq deta hun' (COnfused) #Pakistan and its laws
we have bigger issues to handle in terrorism and this mullah is more interested in marriages and divorce. remember last time he ask the govt to give permission to husband to marry 4 women without permission.
@Anon: how silly you are, blaming
Not good enough. They must adopt a clear stand , make law and implemnent thru courts. But Iam not talking about punishment for not following a propoer sequenced timelined way as per Sunnah but for making that talaq invalid unless that propoer sequence is followed. Our ulema have been reluctant to face this issue headlong with consequence that women and men keep sufferring .
The law must be clear that IF SOMEBODY PRONOUNCED THE WORD TALAQ THREE TIMES CONSEQUENTLY WITHOUT FOLLOWING THE PROPOER SEQUENCE WHICH MAY EXTEND OVER LONG PERIOD OF TIME ALLOWING HIM TO THINK THRICE, THE DIVORCE simply SHALL NOT OCCUR. period. Why our so called ulema are incapable of making this all important differrence.
Trust this beard tho pop up again.
This unelected collection of beards needs to be disbanded.
What does the CII say about littering, no compliance with traffic laws, acid attacks on women, domestic violence, lack of hygiene?
Actually i dont want to hear, they will probably say kids as young as 12 can get married.
Lets send thesee guys on holiday (one way) to Somalia.
Punishable? Does this guy actually have any knowledge of islamic principles or what? Where do these 'Ulema' come from? I mean it's shameful these people are sitting for religious reforms when they have no knowledge of principles/rules of islam. They do not know when a punishment is to be enforced and under what circumstances. It is people like these who weaken Islam nationally and internationally. Why can we not have any proper and true scholars represent us on these councils?
I think our people do not like to elect proper religious scholars so we always end up with these type of people.
Finally SOME entertainment. The news had gotten dull after the dharnas had ended. Thank you CII for this hilarious piece of information.
I think the Molana sahab is right. The Sunnah is to say Talaq once and then there should be a gap, in which the Husband or wife can reconcile and continue their marriage. Same way the second time. If it is said the third time then the marriage will break. That is to the best of my knowledge. All are advised to research yourself aswell.
Well said sir, this habit should abolish, uptill now many have suffered already..
This is the first time this council has said something that actually makes sense. Marriage isn't something that can or should be ended in an instant.
Although it is disgusting to dump a woman by telling talaq three time at once or over a period of time , this development would definitely give security to woman.