Could the days of the triple talaq be numbered? =============================================== ![Could the days of the triple talaq be numbered?](https://vardags.com/images/pictures/_360/cb7a0901601b241efac7f04057dafcff.jpeg)A [survey](https://bmmaindia.com/2015/11/21/bmma-publications-no-more-talaq-talaq-talaq-muslim-women-call-for-a-ban-on-an-unislamic-practice/) spanning ten states in India has revealed that a staggering 92 percent of women across the country want the triple talaq - an Islamic oral divorce pronouncement - to be banned. This kind of divorce can only be issued by the husband, not the wife. To give some background, Islamic marriage is governed by Sharia Law. Although Islam discourages divorces, it does make provisions for divorce which can be initiated by either the husband or wife. Reconciliation is also encouraged and the parties are advised to instruct arbitrators to assist with reconciliation before proceeding with divorce. The divorce procedure differs depending on whether the husband or wife initiates the divorce. If the husband initiates divorce, this is done by what is known as a *talaq* and is a unilateral right of the husband to divorce. The husband may pronounce a *talaq* verbally or in writing, by stating the words *talaq*. If done verbally the words need only be uttered. There are different types of *talaq*, one of which is revocable, allowing the parties to reconcile after *talaq*has been pronounced. This type of *talaq* is known as the *Talaq-e-Raj'I* in which the husband needs to say to or write to his wife the word *talaq*. Once the *talaq* has been pronounced a waiting period of three months is imposed upon the parties before they can finalise the divorce. The idea is to allow the parties time to reflect upon their situation and reconcile if they wish. This waiting period is known as *Iddah* and is to cover three menstrual cycles. During this time the parties may live under the same roof but must sleep apart, and there are to be no sexual relations between them. If the parties do not reconcile during this period, the *talaq* becomes irrevocable and the divorce is completed. The husband no longer has financial responsibility for his wife. If, however, the parties do reconcile during the waiting period they remain as husband and wife. The *Talaq-e-Mughallazah,* also known as the triple *talaq,* is irrevocable. The husband may repeat the word *talaq* three times or state that he is giving three *talaqs*. It may also be put into effect if three *talaqs* are given over a period of three months. This leads to the immediate end of the marriage. In recent times this has been done by text, email and social media. When the triple *talaq* is pronounced, it gives full and final effect to divorce. The husband may give any reason he likes for pronouncing it, or indeed none at all. It is not difficult to see why this is seen as a controversial procedure, across the globe. A Muslim women's rights group, Bharatiya Muslim Mahila Andolan (BMMA), the group which carried out the survey of Muslim women in India, has been campaigning for a ban on the triple *talaq* since 2007. Its founder, Noorjahan Safia Diaz, has [previously described](https://timesofindia.indiatimes.com/city/mumbai/Ban-unilateral-talaq-says-Muslim-womens-group/articleshow/16805111.cms) the process of the triple *talaq* as a "gross injustice to a woman, who is not given a chance to present her case". The BMMA survey results show that 92 percent of women respondents want a ban on the oral divorce. Some Islamic countries have placed a ban upon this type of divorce, including Pakistan and Bangladesh, but it remains effective in others - including India. Supporters of banning the *talaq* in India may have been given hope in recent weeks, as a government committee in India, set up to review the status of Indian women, have recommended that the triple *talaq* be banned. The recommendation has been sent to the Ministry of Women and Child Development, which will hold consultations with civic groups. Whilst this may be seen as a step forward there is likely to be a long road ahead in obtaining a ban on the triple *talaq*in India. "Ayesha Vardag - Britain's top divorce lawyer." ![The Huffington Post](https://vardags.com/images/logo/huffpost.png) "Ayesha Vardag - Woman of the Year"![GG2](https://vardags.com/images/logo/gg2-3.png) "Leading, Magic Circle law firm."Mr Justice Coleridge "A handful of firms dominate the so-called 'glamour' end of the market ... Vardags"The Times "One of the best divorce lawyers in the country"Marie Claire "Ayesha Vardag - 'diva of divorce' for the world's super rich" ![BBC](https://vardags.com/images/logo/bbc.png) "Dr Stephen Bence is a financial genius."Lewis Marks KC "Ayesha Vardag - the Queen of divorce"Daily Mail "Vardags brilliantly argued my case to a resounding victory"Pauline Chai (client) "Britain's top divorce lawyer" ![The Telegraph](https://vardags.com/images/logo/telegraph.png) More Divorce news ----------------- [Who really initiates divorce, and why?](https://vardags.com/family-law/who-initiates-divorce-statistics "Who really initiates divorce, and why?") [The Barder principle and its uses in family law](https://vardags.com/family-law/the-barder-principle "The Barder principle and its uses in family law") [Could the days of the triple talaq be numbered?](https://vardags.com/family-law/could-the-days-of-the-triple-talaq-be-numbered "Could the days of the triple talaq be numbered?") 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