Wishesh magazine february 2018 Wishesh magazine february 2018 | Page 99

of pronouncement. After a
period of iddat, during which it
was ascertained whether the
wife is pregnant, the divorce
became irrevocable. In the
recommended practice, a
waiting period was required
before each pronouncement
of talaq, during which
reconciliation was attempted.
However, it had become
common to make all three
pronouncements in one
sitting. While the practice
was frowned upon, it was
not prohibited. A divorced
woman could not remarry her
divorced husband unless she
first married another man, a
practice called nikah halala.
Until she remarried, she
retained the custody of male
toddlers and prepubescent
female children. Beyond
those restrictions, the children
came under the guardianship
of the father.
Triple talaq is a 1,400 year-
old practice among Sunni
Muslims. It is “manifestly
arbitrary” and allows a man
to “break down (a) marriage
whimsically and capriciously”. agreeing to such, by granting
a Khula, or if he refuses to
seek the dissolution of the
marriage (faskh) by order of a
sharia court judge (qazi).
Triple talaq as a practice is
not mentioned in the Quran or
Sharia law. It is also largely
disapproved by Muslim legal
scholars. Several Islamic
countries, including Pakistan
and Bangladesh, have banned
it, although it is technically legal
in Sunni Islamic jurisprudence.
Triple talaq, in Islamic law,
is based upon the belief that
the husband has the right to
reject or dismiss his wife with
good grounds.[15] If the wife
wants to end her marriage
and her husband does not
agree to give a talaq, she has
to comply with proceedings
under the Dissolution of the
Muslim Marriages Act. As far as
Sharia is concerned she needs
to obtain a release from the
marriage bond by the husband The All India Muslim Personal
Law Board (AIMPLB), a non-
governmental organisation,
had told the Supreme Court
that women could also
pronounce triple talaq, and
could execute nikahnamas
that stipulated conditions so
that the husbands could not
pronounce triple talaq. The
practice of instant divorce is
already banned in 22 Muslim-
majority countries, including
Pakistan.
In September 2016, AIMPLB
had filed an affidavit in the
Supreme Court as a response
to petitions by Shayara
Bano and others who were
opposing triple talaq. It stated
that “Sharia grants right to
divorce to husbands because
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