Triple talaq 'un-Islamic', not supported by Quran: Amit Shah


New Delhi, Aug 18 (IANS): Union Home Minister Amit Shah on Sunday said here that the concept of 'triple talaq' is "un-Islamic" and does not have the sanction of the Quran.

Shah said that a legislation to abolish triple talaq in India could not be passed for 73 years after the independence of the country only because of the appeasement politics of the Congress.

He said all credit should go to the Narendra Modi-led BJP government for passing this legislation during its second term in power.

The Triple Talaq Bill was passed by Parliament on July 30 which makes issuing divorce under such a decree punishable with three years in prison.

Shah was delivering a special address on 'Abolition of Triple Talaq - Correcting a Historic Wrong' in the Mavalankar Hall at the Constitution Club.

"The tradition of triple talaq was meant to keep Muslim women bereft from the divine right of equality. It was a monstrous tradition. Many political parties opposed it on the floor of the Parliament. But they knew fully well that it was an evil tradition that should be removed. They did not have the courage to remove this tradition," said Shah.

Shah said it was only because of the strong political will of the Modi government that the legislation was passed to end this tradition.

During the course of his speech, Shah listed 19 countries, including Pakistan, Bangladesh, Afghanistan, Morocco, Iran, Jordan and Kuwait, that have abolished the tradition of triple talaq at different times between 1922 and 1963.

"It was argued that triple talaq was part of the Islamic Shariat. It was also argued that there should be no interference with Islam ... Sixteen of these 19 countries are formally recognised as Islamic countries but have banned triple talaq. It took India more than 56 years (after these countries) to ban the tradition. If this tradition was a part of the Shariat then why would these Muslim countries have banned it? The tradition is un-Islamic and not supported by the Quran," said Shah.

He added that the legislation to abolish triple talaq stands to benefit only the Muslim community. He referred to the historic Shah Bano judgement of the Supreme Court during the course of his address saying it was a landmark verdict by the apex court.

"If triple talaq was not abolished today, it would have been a huge blot on our democracy as Shah Bano of Indore fought for maintenance from the court of the judicial magistrate till the Supreme Court. On April 23, 1985, a Supreme Court bench headed by Chief Justice Y.V. Chandrachud finally ruled in favour of Shah Bano.

"It was perceived that since the judiciary had taken a strong stance against triple talaq the government would now follow suit and work towards its abolition. But it never happened since there was no political will," said Shah.

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Comment on this article

  • Sainik, Shariqsyed3@gmail.com

    Mon, Aug 19 2019

    Some dish drohis simply dislike long comments without even reading.
    Typical chaddi mindset.
    Lol

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  • ad, mangaluru

    Mon, Aug 19 2019

    A radical talks about triple talaq.

    DisAgree [2] Agree [1] Reply Report Abuse

  • Shams, Dmm ksa

    Mon, Aug 19 2019

    Good news that, amith saw is following Islamic Shariah insha Allah dheere dheere dekiye hotaa Hai Kya

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  • Syed, Mangalore

    Mon, Aug 19 2019

    The perfect religion - ISLAM!
    Allahuakbar. .

    DisAgree [3] Agree [3] Reply Report Abuse

  • Milan, Mangalore

    Mon, Aug 19 2019

    Triple talaq has 3 month period. Modi has to do.the work.what maulvi supposed.to do..

    DisAgree [3] Agree [3] Reply Report Abuse

  • Irfan, Udupi

    Mon, Aug 19 2019

    Indian Citizens need Job, Free Education, Good Health System,.... what government talks about? Talak!!! just diverting issues to save the chair

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  • AnoNymouS, Mangalore

    Mon, Aug 19 2019

    That is to get the vote of the Muslim women. But a good move. There should be no Triple talaq or Sati or Caste system or mob lynching or rapes in a civilized society.

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  • Tausif, Mysore

    Sun, Aug 18 2019

    Good going amit.
    Pls allow beef eating as per Vedas.

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  • Ruben Pinto, Mangalore/Australia

    Sun, Aug 18 2019

    Why not ban the caste sysytem too. It is creating lot of strife in the country by way of vote banks and job reservations.

    DisAgree Agree [5] Reply Report Abuse

  • SmR, Karkala

    Sun, Aug 18 2019

    Can a man marry his wife after pronouncing the third talaq?

    No. After the third talaq, a woman is supposed to marry another man, consummate the relationship and only after following the original procedure of Talaq-e-Sunnah, will she be able to marry the former husband again. This practice is known as the ‘Nikah Halala’, and many Muslim women have condemned this practice as barbaric and it assumes more importance, in case the talaq is given as Talaq-e-Biddah. Women have often described it as a barbaric practice and demanded its abolition.

    Do the women have any right to divorce the husband in Islam?

    There are broadly two methods under which a wife can claim divorce. One is Talaq-e-Tafweez and the other is Talaq-e-Khula. Under Tafweez, the husband ‘may’ delegate his power to give talaq to his wife or any third party. This right has to be in the form of a contract with conditions, like, ‘if a man marries again’ then there can be a divorce, etc. But a contract will not be without conditions or be absolute.

    The second one is Khula. This is a divorce which is at the ‘request’ of the wife. In this case the woman has to make an offer of divorce to the man. The man must accept the offer with consideration, which often means the woman has to give back the Meher taken during marriage. After these two steps, a Khula is granted. The woman often approaches a Qazi-court as well to demand a Khula from the man. There needs to be an execution of a Khulanama.

    Hadeeth(are the embodiment of the sunnah, the words and actions of the Prophet and his family)

    “The most hated thing before Allaah is divorce”

    Concludes.
    Jai Hind

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  • SmR, Karkala

    Sun, Aug 18 2019

    If the differences still persist, then the third talaq is pronounced, after which the relations between the husband and the wife are severed. Hence, the women groups who are claiming to revive this practice are only vouching for the fact that they get the maximum time to sort out their differences, which is often not possible in an ‘instant talaq’.

    What exactly is ‘instant talaq’? How is it different from Talaq-e-Sunnah?

    Instant Talaq is when women are divorced through an SMS or over a mere phone call. It is essentially ‘Talaq-e-Biddah’.

    The term ‘Biddah’ means innovation and Muslims are essentially advised against introducing ‘biddahs’ in their religion. This practice of talaq was first promoted by Caliph Umar, but staunchly opposed by all the petitioners who have approached the Supreme Court for a reform in the case of triple talaq. However, the Muslim Personal Law Board has yet spoken on the issue and claims that this can be sorted out internally.

    Dr. Asma Zehra, an executive member of the All India Muslim Personal Law Board, was questioned about this during a recent press conference and said, “We have left it for our Ulema (scholars) to decide what is best for us.” However, this answer is far from the truth, as something which is not mentioned in the Qur’an or is a part of the Sunnah can never be justified as a lawful act by a Muslim.

    Continue reading....
    Jai Hind

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  • SmR, Karkala

    Sun, Aug 18 2019

    What is Talaq- e-Sunnah?

    According to the Prophet’s sayings, giving “talaq” to a wife in a fit of rage or anger is strictly prohibited. The Quran advises the husband to settle the differences through a mutual conversation as the first step. This step is known as the Fa’izu Hunna. If the differences continue between the husband and the wife, the parties should refrain from any conjugal acts till they settle their dispute. This step of physical separation known as the Wahjuru Hunna is prescribed so that the couple re-unites. However, when this step fails, it is recommended that the husband must attempt to talk to the wife, make peace with her and talk about the gravity of the situation. The third step is known as the Wazribu Hunna. However, the Quran advises that even if the third step fails, the fourth step of ‘arbitration’ must be followed. In this step, a member from each of the spouses’ family is present and the parties try to make amends in the strained relationship.

    It is only after the failure of the four steps that a husband pronounces the first talaq. The husband has to compulsorily wait for a wife's “iddah” (menstruation) to complete before pronouncing another talaq. Not more than two talaqs can be pronounced during the course of iddah. Iddahs are considered to be the three monthly cycles. During these three months, a man cannot give his third talaq. This had been envisaged so that the couple sorts out their differences in this period. Quran prescribes that if a woman has attained the age of menopause then the period of iddah is three months, whereas if a woman is pregnant, then the period of Iddah would be till the child is born or the termination of pregnancy.

    Continue reading

    Jai Hind

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  • SmR, Karkala

    Sun, Aug 18 2019

    As most of the readers don't know the subject in detail I would like to explain who this bill contradict with the Quranic teaching of Islam. This will only for sharing knowledge and not to hurt the sentiments of anyone's faith.

    To better understand triple talaq and Islamic jurisprudence terms like Talaq-e-Sunnah.

    What is the triple talaq?

    First, before understanding what triple talaq is, we must understand what a ‘Nikah’ (Marriage) stands for in Islam. Nikah is essentially a contract laid down in a ‘Nikahnama’ drawn between the husband and the wife. This contract can have conditions and has a compulsory ‘consideration’ (Meher) to be paid at the time of the marriage. This consideration is paid by the man to the wife and can be at time waived off by the woman as per her own will. So the basic difference between a Hindu Marriage and a Muslim Marriage is that for Hindus, marriage is a divine sacrament whereas, for Muslims, it is a contract drawn between the husband and the wife.

    So, to explore the question of triple talaq, one must understand that in Islam, everything is followed as per Sunnah (Deeds of the prophet). Hence, most Muslim women bodies opposing 'triple talaq’ want the Muslim bodies to adopt ‘Talaq-e-Sunnah’ (Divorce as per the Prophet’s sayings and Quranic dictation) and discard ‘Talaq-e-Biddah’ (a diluted form of divorce which propagates instant cancellation of marriage).

    Continue reading.....
    Jai Hind

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  • SmR, Karkala

    Sun, Aug 18 2019

    The factual error in the botched Triple Talaq bill(Continued);

    6. The pronouncement of triple talaq having no legal consequences on the marriage means that such a proclamation by a Muslim man is essentially desertion of the wife.

    In any of the Personal Laws, the desertion of wife by a man is not a criminal offense. Therefore, while the Bill aims to criminalize the pronouncement of talaq, in effect, it is only criminalizing the act of desertion of a Muslim wife by her husband.

    Criminalizing desertion by Muslim men, which constitutes only a civil offense for men of all other religions, is discriminatory under the Constitution.

    7. If there is violence within the marriage in addition to the pronouncement of triple talaq, the woman could use the existing provisions of the Protection of Women from Domestic Violence Act, 2005 and Section 498A of the Indian Penal Code.

    These two laws, taken together, represent a wide spectrum of legal options available for women survivors of domestic violence, encompassing both criminal and civil provisions.

    8. No economic and socio-legal support is provided by the government in the Bill to women, children and other dependents when the erring men are put behind bars.

    The Domestic Violence Act, 2005 under Section 21 already provides for the aggrieved woman to be provided custody of the child and Section 20 provides for maintenance to be paid to her.

    Section 125 of the Code of Criminal Procedure, 1973 also provides for maintenance for the aggrieved woman.

    In fact, the Bill takes a step back in only providing for subsistence allowance for the woman. Subsistence allowance is not defined and is open to interpretation.

    10. The terms of imprisonment up to 3 years are arbitrary and excessive. Serious crimes like Causing death by rash or negligent act (IPC Sec 304A), Rioting (IPC Sec 147), Injuring or defiling place of worship with intent to insult the religion of any class (IPC Sec 295) all punishable by 2 years in jail or fine or both.

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  • SmR, Karkala

    Sun, Aug 18 2019

    Union Home Minister Amit Shah like Indresh Kumar of RSS of the Muslim Munch now proclaiming to be 'Moulana' or scholar who had never read the book once in his life in its original form nor translated in Gujarati.

    The factual errors of the botched bill;

    1. This Bill disregards the fact that its very objective -- to protect the rights of married Muslim women and prohibit divorce by pronouncing 'talaq' by their husband -- has already been achieved by the judgment of the Supreme Court.

    2. The Supreme Court in Shayara Bano's case held that the practice of 'talaq-e-biddat' is manifestly arbitrary, and therefore, unconstitutional. An act that has no legal consequences being made a criminal offence, cognisable and non-bailable is manifestly arbitrary and therefore, violative of Article 14.

    3. There is no rationale to criminalise the practice of talaq-e-biddat and imprison Muslim men. The effect of the Supreme Court's judgment is that the marriage is legally valid and the persons continue to be lawfully wedded.

    Now, the Muslim men will be incarcerated, thus violating the rights of conjugality of these two persons.

    Criminalising the husband would also lead to unwanted separation between the couple, against the wishes of the wife.

    4. Since Muslim marriage is a civil contract between two adult persons, the procedures to be followed on its breakdown should also be of civil nature.

    Penal action to discourage the practice of instant triple talaq is a myopic view as it leaves many other issues of economic and social security of women unaddressed.

    5. The government should strengthen the negotiating capacities of women by providing them economic and socio-legal support rather than criminalizing the pronouncement of triple talaq.

    Please continue reading due to character restrictions.

    Jai Hind

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  • Desh Bhakth, Mangalore

    Sun, Aug 18 2019

    FYI Amit Shah according to Islamic and quranic way man has to say Talaaq 3 times whether at peace time or war time to initiate a Talaaq then the legal procedures follow. Your abolishing of triple Talaaq is meaningless and made yourself a joker. Except a big noise nothing else. Talaaqs will take place anyway. BTW, what is your game plan in Kashmir where there is Muslim majority????.....Except chaos you will not do anything good.

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  • ad, mangaluru

    Mon, Aug 19 2019

    The greatest barbaric evil was Sathi. British had to abolish it. This shah is talking about Tripple talaq who does not even know Quran.

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  • netizen, Mangaluru

    Sun, Aug 18 2019

    Thank you hmji for supporting Sharia law. Hopefully you will implement it as common law of the land for better result in the country.

    DisAgree [11] Agree [8] Reply Report Abuse

  • Mohammed, Mlorean

    Sun, Aug 18 2019

    He is 100% right this time.....

    Triple Talaq does not exist in Islam....

    Talaq / Divorce exists in Islam in case of adultery or in case of compatibility issues between husband and wife, like any other religion on earth.

    DisAgree [2] Agree [23] Reply Report Abuse


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