ORIGIN OF TRIPLE TALAQ: BEING THE UNDESIRABLE INNOVATION IN SHARIAT LAW
If any divorce, which does not conform to Talaq al- Sunnah is deemed to be an innovation or Biddat and is, therefore, called Talaq al-Biddat. It is a fact that Holy Prophet strongly condemned Biddat form of divorce and did not sanction it even tacitly at any point of time in either form. But in the course of time, it came to be considered a valid and legal form of divorce. Moreover, it assumed many other forms in second century and came to be recognised as an effective divorce. Now-a-days under the Sunni law, Talaq al-Biddat is to pronounce three irrevocable Talaq at the same time in the same period of Tuhr and is commonly called "Triple Talaq". It is the most disapproved form of giving divorce. It is highly disliked and condemned being declared to be sinful even though its prevalence is tolerated and same is considered legally effective in …show more content…
It can only be revoked before pronouncement of third talaq. After the pronouncement of third talaq it becomes irrevocable. If husband wants to get back together with his wife after triple talaq, both has to do consummation of marriage with different persons, only then they can remarry with each other. This form of talaq can only be given by husband to his wife. This kind of pattern of giving talaq shows a gross injustice and violation of rights of muslim women in our society. Because of this form of talaq women has to suffer. Whenever husband wants to leave their wives they have to use this weapon given to them by the innovation of shariat law. According to the Bharatiya Muslim Mahila Andolan (BMMA) 92% of Muslim women residing in our country had filed petition in the court against this practice. This is itself evident that this practice is making them to suffer. This particular practice was especially made to use with reason that ‘wife is of bad character’, but now-a-days is being used without any