Law, morality, triple talaq: 

Law, morality, triple talaq: 

(Triple Talaq-a conflict between law and morality) Context:

• The issue is not whether triple talaq is an essential practice of Islam, but whether it is an essential practice of the Hanafi school.

The difference:

• The concept of “sin” draws on blind beliefs based on morality and no court can make something pious if a religious sect considers it sinful.
• Thus, if a person makes a gift of his entire property in favor of one of his children to the exclusion of others, such a gift is sinful but valid.
• Even the Prophet’s strong disapproval cannot make an action illegal under the Hanafi school.
• Though the Prophet has expressed his displeasure on bequeathing property to one child while excluding others as well as on instant triple talaq, both practices remain valid under the Hanafi School.

Problems:

• Once there is triple divorce, the Hanafi School regards resumption of the matrimonial relationship between the divorced couple as both sinful and illegal.
• If illiterate masses, neighborhood and relatives continue to regard such a reunion as sinful and illegitimate, This will indirectly be creating more problems for the couple and their children.
• There is a divergence of opinion amongst Islamic jurists which means that there are several schools of Islamic law.
• In India, most Muslims follow the Hanafi school. The controversy over instant triple talaq stems from the fact that this school deems this practice as valid.
• And moreover, Article 26 of the Constitution guarantees freedom “in matters of religion” to not only “every religious denomination” but also to “to any sect thereof”.
• Thus, the Hanafi school enjoys constitutional protection.

Suggestions:

• We must educate people and the Board must ensure that all divorces henceforth happen as per the Quranic procedure.
• The best solution to remove the menace of triple divorce under the Hanafi School is to order the incorporation of an explicit condition in the nikahnama that there shall be no instant triple divorce and the wife too will have a right to divorce.