Muslim Divorce Code in India

A body of Muslim clerics in India has issued a marriage code that urges Muslim men not to use the so-called “triple talaq” method of divorce. Here’s a story about it from BBC News.

However, the new code from the All India Muslim Personal Law Board stops short of banning the controversial practice of Triple Talaq, which allows a Muslim man to divorce his wife simply by saying “I divorce you” three times while she is in a state of purity.

Muslims in India are permitted to maintain separate provisions for marriage, divorce, and inheritance. Women’s rights activists in India have been advocating a single code of marital and family law that would apply to all citizens of India, regardless of their faith or belief.

19 comments

  1. river nile says:

    Common civil code in India will be modt welcomed, Also it will help control the population as Indian law forbids multiple marriages. Taking unfair advantage by changing the caste will also sieze.

  2. marion wadge says:

    I am totally amazed that Muslims believe they can end a marriage by repeating the Triple Talaq.
    I knew of a Muslim man who took an aerobics class at the local gym and fell madly in love with
    the young aerobics teacher. He took it upon himself to perform a “Niccah” (sp?) where he and
    a friend (acting as a witness) married her in secret. This man truly believed they were
    married although the aerobics teacher did not know anything about it. This man bascially became
    a stalker because he wanted to know everything that this woman did as he thoughtshe was his.
    In this religion of brain washing, I feel these people need to realize that once in Canada you have to abide by the Canadian laws. Divorce is divorce and whether you are Muslim, Jewish, Chinese, Black or
    White, you must abide by the laws of the country. Imagine how easy it would be to divorce your
    spouse in a fit of anger by repeating the Triple Talaq – I’ll bet we would have a lot more divorces
    than we do now.

  3. sapan says:

    it is indeed ironical that despite having constitutional mandate the policy makers of india are not codifying a uniform civil code which will be applicable to all indian citizens. but it is heartening to see that the war against this system of triple talaq is being lead by muslim women.they have proposed a a new model talaqnama that has no provisions for triple talaq.

  4. Parthasarathy says:

    A decision to divorce is a heavy one for any husband, and once done, he should have the freedom to divorce the wife, instead of having to run from pillar to post in Indias judicial maze, begging for seperation. In fact, the continuationof the marriage should wholly depend on the wifes ability to convince her husband and vice versa, and this is what is consideredunder muslim law.

    Feminists should not press this matter too far.

  5. Premjyothi.P.D says:

    It is good idea to bring in a uniform civil code.But India ,though secular , is a land different religions.Here all the religions are considered equal inspite of the majririty or minority.That is the reason some religions which represent minority are given certain facilities so that become par with others.
    My point is that ,we can to a certain extent bring the uniform civil without hurting any religous sentiments.So that vested interests in all religouns wouldnot misuse,abuse or misinterpret the religous laws to their scruplpous gains.At the same time maintain the religous matters…..

  6. Abuthalha says:

    Triple divorce is not encouraged in Islam. Its not in practice during the Prophet’s time. Its a later innovation meant for a particular period of emergency during the pCaliphate of Umar. It was then adopted and continued in practice by the Hanafi school of thought. The present day Muslim world understands its evils and its is highly discouraged and disapproved by courts now. Courts do decide that a divorce even if pronounced a thousand times will count as one. This is the law.

    We must think and recognise that marriage in Islam is a contract and not a sacrament. As such any contract can easily be reisgned. That is the provision of divorce in Islam. If one approaches it from this viewpoint, then he will appreciate the provision.

    Unless and until both the groom and bride present at the time of marriage, the marriage can not be solemnised, that too without the consent of the bride. Islam is still the most misunderstood religion and as such we still look at its laws with a falsified eyeglass. Let the world correct its views on Islam and approach it in a justified way instead of hatred.

  7. anees says:

    My question from the divorce experts is that , If a hindu man and hindu women are married
    according to hindu rituals and later man converts to muslim after few years because of
    good faith in Islam, can that person give divorce to his hindu wife by muslim law:
    That is by “triple talaq” method .
    Pls explain me this case.
    Thanks

  8. Abuthalha says:

    Well Mr.Anees,

    A very nice question.

    Your question need be looked in to in two different angles, say the regious point of view as well the legal view.

    Basically a Muslim can use the Islamic form of divorce where the contract of marriage is entered into in that form. Where the marriage which is considered a sacrament and not a contract under the Hindu law, it can not be rescinded under the laws of Islam, under which it does not fall. The proper way open for the converted person is to approcah the appropriate court of law for divorce decree. Until then the duty to maintain his wife continues.

    On the other hand if a Muslim gets converted to other religion, say the Hinduism, the marriage immediately gets revoked even without a pronouncement of talaq as apostacy automatically cancels the marriage tie.

    If you analyse the situation from the religious point of view, the marriage becomes nullified and no husband and wife tie will exist between the couple. ANy co-habitation between them will be construed as haram and the offspring will then naturally be treated as illicit.

    I once3 again wish to emphasise that the ‘triple divorce’ is higly discouraged in Islam. God in Chapter IV clearly says that a talaq is permissible twice and upon nthe third pronouncement it becomes irrevicable. The word twice should be construed to mean two times at different times. No continous pronouncement is menat by that. This is what the Prophet Blessing of God be upon him, said and pratised.

  9. irfan shaikh says:

    my freind is a muslim married to a christain girl but she had accepted islam when her mother married to a muslim and his marraige was according to muslim law and there is a bitterness in the relation and he wants a divorce what should he do?should he go to the family court

  10. Abuthalha says:

    It is not clear whether your friend got her converted before marriage or after. Muslim law permits a man marrying a Kitabiyya (Christians and Jews)girl but not vice versa. However the permission will be treated to be confined as far as the Kitabiyya is not a idol worshipper. It means marrying a RC is prohibited. Supposing your friend’s wife is a non-idol worshipper, the marriage is perfect in Muslim personal law and as such can easily be repudiated.

    It would be better if your friend reconsider continuing the matrimony instead of a divorce. Only in intolerable situations he can opt for a divorce. Better ask him to move the family court for a settlement of the issue.

  11. norm says:

    My neice married an Indian Muslim. She came home(To USA) for a visit (from India) her husband is now refusing to send her a return ticket. He has abandoned her. She has no means of support and all her belongings are in India. In the last 6 months, he has not supported her in any way. What can rights does she have and how can she get help?

  12. Lee Borden says:

    I gather both your niece and her husband are residents of India. Therefore, her remedies would lie there, not in the US. And I must confess that I know nothing about the court system or the family laws in India.

  13. Abu Thalha says:

    Mr.Lee Borden is right. Her claim will be in India. She can approach the Indian Embassy for help to get back to India. Her remedy will be by regular civil suit or a petition under the Criminal Procedure Code seeking maintenance from her husband.

  14. peter patrick says:

    Under the Muslim marriages Act, how long does it take for the muslim husband to divorce her wife previously Buddhish but married under muslim marriages act?

    If the wife is self sufficient, what will the wife get on divorce?
    Mehr+ maintenance ??
    Thanks

  15. Abu Thalha says:

    A divorce is effected by the husband in three ways. 1. Talaq ahsan 2. Talaq ahsan and 3. Talaq bidat.

    The first two forms are approved and practised during the period of the Prophet. The last system is an innovation and is disapproved in fact, though it is effective in countries like India.

    In the ahsan mode, the husband pronounces divorce at a time when his wife is free from menstuation. The next month or later on he repeats the divorce and so once again, that is for the third time.

    The divorce becomes effective and irrevocable only upon the third pronouncement. In the mean time it is expected that a compromise between them should have to be effected.

    In the next hasan mode, a divorce pronounced once becomes operative at the end of the “Iddat” (period of seclusion. Here also the possibility of having a reconciliation is possible.

    In the third form of divorce three pronouncements are uttered at the same time and the divorce becomes operative forthwith. Hence a form disapproved though certain people practise it.

    This is the case of the Muslim husband divorcing. If it is the wife who seeks the divorce she has to move the Kazi or the court to have it proclaimed. This is called Khula, Mubara and Faskh as the case may be.
    Maintenance is payable for the Iddat period. Dower is her own and she can retain it or claim it if not paid already. ANy gift given to the wife should not be claimed back. This is so even if she is self sufficient.

  16. baseera says:

    I got divorced in 2000. Received the letter which was notarized and signed by gawaah and my ex husband that he is divorcing me, triple talaq words were mentioned.After that I had filed cases of mental physical torture against my ex in laws and the cases were ON for about 9 years.They also grant me the custody of my son 3 years ago. I withdrew the cases and all the cases got wind up through High Court this year. I have applied for Divorce decree in family court and my ex husband was co operative and appeared on the date and answered my application in affirmative. I want to know that how much time will the family court take to give me the divorce decree.

  17. Abu Thalha says:

    The present position is that even if a divorce is notarised, if it is in the form of triple divorce courts will certainly discourage it. The courts are constantly giving up approving triple divorce. Triple divorce is not an approved form.

    anyhow in your case you have opted for the divorce. When such a divorce is requested by mutual consent, the case will soon be closed in a couple of hearings within a versy short span.

    the court will pass orders confirming the request placedd before it.

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