BJP PROCLAMATION FOR ABOLITION OF TRIPLE DIVORCE PRACTICED IN ISLAMIC CULTURE AND IT’S IMPACT ON UP VIDHAN SABHA ELECTION 2017
Journal: SRJ'S FOR HUMANITY SCIENCES & ENGLISH LANGUAGE (Vol.4, No. 22)Publication Date: 2017-08-04
Authors : Guru Prasad Rathaur;
Page : 5589-5597
Keywords : Keywords: TALAQ; TALAQ-UL-BIDDAT; HALALA; Triple divorce; Social Practice.;
Abstract
The word Talaq originally meant "repudiation" or "rejection". In Muslim law, it means release from a marriage tie, immediately or eventually. In a restricted sense it means separation effected by the use of certain appropriate words by the husband and in a wide sense it means all separations for causes originating from the husband. It is also generic name for all kinds of divorce but it is particularly applied to the repudiation by or on behalf of husband. Talaq ul biddat - It is a disapproved and sinful form of Talaq. It was introduced by Ommeyyads in order to escape the strictness of law. To be of this form, it must satisfy the following conditions : 1. Three pronouncements may be made during a single “Tuhr” either in one sentence (e.g. "I divorce thee thrice." ) or in three sentences (e.g. I divorce thee, I divorce thee, I divorce thee). 2. A single pronouncement made during a “Tuhr” clearly indicating an intention to dissolve marriage irrevocably (e.g. "I divorce thee irrevocably"). Who can pronounce Talaq (Divorce)? As per Islamic law, only the husband has a right to pronounce Talaq. Under Talaq-e-tafweez, a husband may delegate the authority to the wife to pronounce talk on his behalf. The Abstract SRJIS/BIMONTHLY/GURU PRASAD RATHAUR (5589-5597) JUNE-JULY, 2017, VOL. 4/22 www.srjis.com Page 5590 husband must posses the following qualifications to be able to pronounce a valid Talaq - Shia - He must be of sound mind and attained the age of puberty. It must be pronounced orally in the presence of two witnesses unless he is unable to speak. Further, Talaq must not be pronounced under duress or compulsion otherwise Talaq is void. It must be spoken in Arabic terms and strictly in accordance to sunnat. Sunni - Only two requirements - Sound mind, attained majority. A Talaq pronounced under compulsion or intoxication is effective. It causes child marriage, polygamy, Miser condition of women, Slave like behavior with female, Worst Post Divorce conditions of female, Triple divorce in Islam in unjustful to women, Practice of “HALALA” is physical exploitation of female, Female are considered as a thing for entertainment and machine for reproduction, Triple divorce is abolition of “right to equality, Being a matter related to religious belief , it is hard to be abolished. The said proclamation of BJP leaders was just a political stunt and game with the feelings of Muslim women.
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