NEW DELHI — A high court in India has ruled that a Muslim couple’s divorce is invalid if the husband pronounces “talaq,” or divorce, in anger or fails to communicate it to his wife without a chance for reconciliation.
The “triple talaq” allows a Muslim man to divorce his wife by simply repeating “talaq” (“I divorce you”) three times. Instant divorce is prohibited in several Islamic countries, but the practice continues in India. Islamic scholars say the Quran clearly says a talaq must be spread over three months, which allows a couple time for reconciliation. However, many men today use the mail, the telephone or even text messages to divorce their wives.
In the latest triple talaq case, which came before the high court in New Delhi, Justice B.D. Ahmed said the triple talaq was “an innovation which may have served a purpose at a particular point of time in history.” However, if it were phased out, “such a move would not be contrary to any basic tenets of Islam or the Quran, or any ruling of the Prophet Muhammad.”
Ahmed, who is a Muslim, said the “harsh abruptness” of the triple talaq had brought about extreme misery to women and even men, who were left with no chance to undo the wrong or seek reconciliation.
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