Ahle Hadees Fatwa On Talaq Urdu Free To Revoke

The appointed leaders are of course influenced by the general notion of women as a second class citizen.

The hard-fought case reached its fruition after years of petitioning and campaigning by Muslim womens rights activists.

The Court heard seven petitions, five of which were filed by women who had been victim to instantaneous triple talaq.

The petitions were opposed by the All India Muslim Personal Law Board (AIMPLB), which has been protecting the institution of triple talaq since 1937.

Islam tolerates Talaq by making provisions for it under highly unfavourable conditions only as a last resort.

Now, as the name suggests, Talaq-e-Biddat is the kind of Talaq which is not sanctioned in the Quran.

It is considered most appropriate because a husband can revoke the Talaq after the first utterance, any time during the waiting period (Iddat) which is the span of three menstrual cycles of his wife (three months).

Therefore, the husband has enough time to realize if he has been mistaken, and thus Talaq-e-Ahsan grants the couple a good amount of time for reconciliation.

In Talaq-e-Hassan, the word talaq is to be uttered thrice, once after each monthly menstrual cycle of the wife.

Ahle Hadees Fatwa On Talaq Urdu Free To Revoke

The husband is free to revoke his first two utterances, but with the third declaration, the Talaq becomes effective and the marriage is dissolved.

This form of Talaq is usually followed by Sunni sect of Muslims, but is not recognized in the Shia sect.

So in the case of a woman initiating a Talaq, it becomes mandatory for it to be consensual (unless she has put a clause in her marriage contract ) but alas, when a man decides to leave his wife he only has to file for Talaq, or worse, just say it thrice.

According to the Sahih Muslim, 1482 (highly regarded undisputed Hadith Imam Abu Daud), during the Prophets time, and during Hazrat Abu Bakr, the first caliph, and for a time period of two years, three Talaqs at one instance were considered a single Talaq.

A number of clauses can be put by the woman during the time of her Nikah, which will hold legal value because Islamic marriage, unlike Hindu marriage which considers it a sacramental bond, is considered a legal contract.

However, the woman has to specifically invoke this clause for it to be valid.

Most women are unaware of this clause and thus do not invoke it in their nikahnama.

By default, only a husband is given the right to divorce his wife unilaterally.

But in this case, she has to provide proof of her husbands ill-treatment of her.

In the former case, she can divorce the husband for reasons that she can choose not to disclose.

In consequence of a divorce, hes liable to pay the bride that sum of money.

This is done to ensure that the groom does not take divorce lightly.

The question is, how many women in India are aware of their Islamic rights Theyre constructed in a way which by default favours men, and for women there are terms and conditions applied.

Islam is a complex religion that doesnt have an organized church or an archbishop, and hence self-acclaimed leaders sit down in groups of many to make decisions for women, without a single woman with them.

It is noteworthy too, that the Supreme Court bench that decided upon the landmark triple Talaq judgment contained Judges from five different faiths all of whom were men).

It functions like any other system wherein a person in power makes rules for the rest, and of course there is a conflict of interest in most of these decisions.