Talaaq by text

i think i had posted a thread re this in the Religion Forum sometime back (about Malaysia or Indonesia facing some problem like this?). Here we go…another example of particular Muslims utilizing a cultural loophole and then endorsing that by fabricating “evidence” based upon so-called, non-existent Islamic principles. i wonder how they justify repeating “talaaq talaaq talaaq” in three seconds, and then claiming they are somehow magically divorced.

Nice cultural crap. Imams should issue fatwas against these types of people, instead of wasting time issuing fatwas against George Bush.

Muslim women fight instant divorce, BBC, Geeta Pandey

For more than a decade Muslim women activists in India have been demanding a ban on what is known as “triple talaq” or instant divorce. It is a system wherein a Muslim man can divorce his wife in a matter of minutes. The issue has been highlighted recently after several Indian Muslims have taken to divorcing their wives by mail, over the phone and even through mobile phone text messages.

The practice of instant divorce is banned in several Islamic countries including Pakistan, Bangladesh, Malaysia and Indonesia. But it continues in India.

Jahanara’s house lies off a narrow lane in Old Delhi. Narrow steps, barely a foot wide, take you up to the first floor where she sits huddled in a corner of her tiny two-room home, mourning. Jahanara’s parents got her married when she was 15. Now, two years later, she is back with them because her husband has divorced her. Saying that he was setting her free he repeated the words “Talaq” (divorce) three times and left.

“My life’s ruined. What can I do with myself now? I had hoped to spend the rest of my life with him and look what he did to me,” she says. “I gave up everything to go with him - I thought we’d be together through thick and thin, but he clearly had other ideas.”

Jahanara is a victim of what is known as the triple talaq, where a husband exercises his right to divorce his wife within a matter of minutes.

Islamic scholars say the Koran clearly spells out how to issue a divorce. It has to be spread over three months which allows a couple time for reconciliation. But today, many men use the post, the telephone or even the short messaging service (sms) to divorce their wives.

Rehana does not answer her mobile phone when her husband, Akram, calls. She has been married for 20 years and has four grown up children. In January this year, Akram threw her out of their house and got married again a month later. Rehana now lives in constant fear. “He might say ‘talaq’ on the phone to me,” she says. “I don’t answer my phone when I see his number. I want to spend the remaining years of my life as his wife. I don’t want a divorce.”

Muslim women’s rights activists are outraged by such incidents. “There’s nothing in the Koran that allows triple, verbal, instantaneous talaq. There’s no greater anathema than the kind of talaq that has now become the greatest black mark against gender in Islam,” says Sayeeda Hamid.

There have been attempts in the past to focus on the ills of instant divorce. The clamour to ban the practice has forced the All India Muslim Personal Law Board to take up th matter at a recent meeting. A spokesman, Syed Qasim Rasool Ilyas, says the board does not have the authority to ban the practice. “The majority of the ulema [clergy] thinks that it’s legal, it’s binding. They say it’s according to the Sharia [Islamic code]. Now how can the Muslim Personal Law Board take a unilateral decision? The board cannot go against the Shariat.”

“But,” he says, “there’s a consensus among the board that it’s a sin and we’ll try to discourage it.”

To spread the word, mosques have been roped in. During Friday prayers at a Delhi mosque, more than 1,000 men, young and old, kneel on the floor, listening to Maulana Jalaluddin Umri’s sermon. He devotes two-thirds of the 45-minute-long prayer to talk about the issue. And it appears to have made an impact on the congregation.

Naseemuddin says the clergy should find a way to ban the practice. “If you’re Muslim, you have to follow the Koran. We have to face the reality and tackle it constructively,” he says.

Majid Akhtar Siddiqui, a mechanical engineer, says society must be flexible. “I have seen real experiences in life, where sometimes problems arise between couples. Now, we have to sort out these problems, not create more problems.”

But Sayeeda Hamid thinks an awareness campaign is not enough. “The first thing that should be done is that they should completely, totally ban triple, verbal, instantaneous talaq. They should simply say it’s cancelled, it cannot happen. So the men cannot treat their marriage as something that can be trifled with.”

That’s little consolation for women like Jahanara and Rehana. For them the Muslim Personal Law Board’s awareness campaign is too little too late.

Re: Talaaq by text

Nadia before making such claims why not first check to see what evidence is the opinion based upon. You should always try and read both sides of the story before passing such judgements.

Please read the following opinions first.

From Islam QA
http://63.175.194.25/index.php?ln=eng&ds=qa&lv=browse&QR=36580&dgn=4

“The scholars differed concerning the ruling on one who divorces his wife by saying “I divorce you thrice”. The majority of scholars are of the view that this means that divorce has taken place three times; others are of the view that divorce takes place only once.”

From Sunnipath.com A Hanafi Fiqh Site which shows the evidence for this.
http://www.sunnipath.com/resources/Questions/qa00000169.aspx

"This is the position held by all the Sunni schools of Islamic law, i.e, Hanafi, Shafi’i, Maliki and the Hanbali. This was also the view of the overwhelming majority of Sahaba (Allah be pleased with them) and Tabi’in (followers). Only the Ja’fariyya sect amongst the Shi’a and those who followed the literal meaning of the texts, like Imam Ibn Taymiyya and his student Ibn al-Qayyim differed with this view. There view, however, was not accepted by the majority of the Ummah (See Ibn Qudama in al-Mugni, V:7, P:104)."

As you can see this was the position held by all 4 of the main schools of thought in sunni islam.

I am not supporting this opinion, no doubt pronouncing divorce three times at once makes the husband a sinner, and is an innovation, but you have to look at the evidence from islamic sources aswell, not some quotes on a non muslim news site.

Please dont take offence.

Re: Re: Talaaq by text

[QUOTE]
Originally posted by M: *"This is the position held by all the Sunni schools of Islamic law, i.e, Hanafi, Shafi’i, Maliki and the Hanbali.* This was also the view of the overwhelming majority of Sahaba (Allah be pleased with them) and Tabi’in (followers). Only the Ja’fariyya sect amongst the Shi’a and those who followed the literal meaning of the texts, like Imam Ibn Taymiyya and his student Ibn al-Qayyim differed with this view. There view, however, was not accepted by the majority of the Ummah (See Ibn Qudama in al-Mugni, V:7, P:104)."
[/QUOTE]

Off-topic now, but wasn't Ibn Taymiyya a Hanbali jurist?

M,

i do not go on "rants" against scholars for fun. This is not a past-time for me.

Quite a while back i posted a Religion Forum thread regarding Mullahs. It was very much in favour of them. So i suggest, before a sweeping statement is made about/against me, a very small effort might be invested into learning that there is a WHOLE lot more about me than just making rants for fun.

Re: Re: Re: Talaaq by text

[QUOTE]
*Originally posted by mAd_ScIeNtIsT: *

Off-topic now, but wasn't Ibn Taymiyya a Hanbali jurist?
[/QUOTE]

Yes he was, but it doesnt mean a person has to follow the main opinions in a school of thought. As far as Ive heard, schools of thought are not based solely on the founding imam, scholars add to it, refine and reinterpret opinions, thats why it represents the collective interpretations of the scholars belonging to the school. Thats why there can be slight difference of opinions in a school of thought.

Nadia my apologies, I was not trying to be offensive, and the term was not used in a offensive way. I find your posts quite interesting and know there is a WHOLE lot more to you.

Yes your right I should not have made such a sweeping statement, and this should apply to anyone you as much as myself, including comments made against scholars.

All Ive done is provide some evidence for their opinions as part of the discussion.

Again my apologies if Ive offended :flower1: