Friday, January 06, 2006

Talaq under intoxication

This is interesting but sad story. A couple (Nizama Bibi and Ser Mohammad) with four minor children want to stay together but the local community wouldn't allow them. Why? Because the husband apparently divorced his wife by uttering 'Talaq, talaq, talaq' while intoxicated. To complicate matters, contradictory fatwas were also issued by the local mufti. (I don't understand this fatwa business, but it looks like the katta panchayat.)

India is one of the very few countries where the Muslim personal law allows this practice of oral divorce (triple talaq). Several Islamic countries (Bangladesh, Pakistan, Turkey, Iran, Iraq, Indonesia) have laws that expressly ban triple talaq. It is strange that India allows triple talaq in the name of freedom of religion. I feel this is actually a disservice to the Muslim community and the Muslim women in particular.

Related Articles
Times of India: Drunk man utters 'talaq'. Is it valid?
The Hindu:
Triple Talaq: SC notice to Orissa Govt. on Muslim couple's plea
IRFI on Triple Talaq
Wiki: Talaq