What Did Zara mean by Triple Talaq isn't in Quran or Hadeath?

awida thumbnail
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Posted: 6 years ago
Hello everybody. ðŸ˜Š
Again in epi 4 Zara said that triple talaq  isn't mentioned in Quran or Hadeath , and that is only rasmo riwaj!

I wonder why didn't anyone in that mehfil tell her that she was wrong!😕 I am not that good in Urdu, so I need to know what does she mean by it? Does she mean instant triple talaq? or triple talaq in general?!😕 

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anjaliiii thumbnail
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Posted: 6 years ago
Hi awida.. 
I think she meant  instant triple talaq.. One of her interviews she told it was a long procedure, not happened at instance..And also supreme declares it is unconstitutional.. the story basically based on this.. Still there exists two opinions against the verdict.. I will post below what i read from an article.. 


anjaliiii thumbnail
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Posted: 6 years ago
https://www.google.co.in/amp/s/m.economictimes.com/news/politics-and-nation/supreme-court-bars-triple-talaq-till-parliament-makes-a-law-heres-a-11-point-primer/amp_articleshow/60169892.cms

http://www.livelaw.in/supreme-court-said-triple-talaq-judgment-read-judgment/
  

https://www.google.co.in/amp/s/m.timesofindia.com/india/supreme-court-bars-triple-talaq-for-6-months-until-parliament-legislates-on-issue/amp_articleshow/60170130.cms



Edited by anjaliiii - 6 years ago
crispsy thumbnail
Posted: 6 years ago
I think instant tripple talaq like yesterdays couple. But i dont know about talaq and its mention in quran. It would be nice if someone posts what is mentioned in quran qbout talaq in general. Tripple talaq will be one of the form of talaq.
DAPSG thumbnail
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Posted: 6 years ago
Friends.. Is really there is no say to women in triple talaq or is it instant TT, can anyone tell me what is there about talaq in quaran.. Sorry.. I don't have any idea about talaq and quaran.. But this show is very interesting.. But i'm confused..
anjaliiii thumbnail
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Posted: 6 years ago
Same here too... If somebody knows much better will help all of them who are unaware..  i support the sc verdict..so i support zara.. 
kankabhor thumbnail
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Posted: 6 years ago
She clearly said " ek sath diye jane wala teen talak.. so she meant instant triple talaq is not in Quran and Hadidth..
Barunkidiwani thumbnail
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Posted: 6 years ago
Hi guys, this is Nazia. Like you'll even I have been following the show because I really want to see how the show explains this sensitive topic with subtlety.

First of all, one needs to know that the practice of giving Triple Talaq in general is not banned in India but giving or rather saying 3 times Talaq in one go is banned. One should also note that the Instant Talaq practice has been banned in several Islamic countries as well.

Secondly, Zara is right, there is no mention of Instant Talaq in Quran and Hadees. Rather the procedure of Talaq is very long and detailed.

I will give out the procedure of Talaq as mentioned in Quran in the following posts.
Barunkidiwani thumbnail
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Posted: 6 years ago
Talaq is a right given to men by islam to divorce his wife in case if the marriage cant be continued for some reason. It is similar to Khula, a right given to muslim women to seperate from her husband if she feels they cant live together hereafter( mind you the reasons have to be valid in both the case or they are sure be questioned here if not definitely on the day of judgement).
There is one significant different between both the methods. In women's case Islam give her extra freedom and authority i.e A woman can divorce her husband(khula) with immediate effect.
But in case of the talaq, once given, the husband has to wait for three months.
This is when you have to know about the triple talaq . The triple talaq doesnt mean saying or messaging talaq' three times and ending marriage. Rather it means the person has to wait for a period of three months . Within the stipulated time if there is change in mind or the concerned problem is resolved mutually, they sure can continue the marriage .

"Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise The Quran 2:228
For the second time (which is not bound to happen immediately) if they face an arduous problem, talaq can be pronounced again with the same procedure.
"Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment... The Quran 2:229
In the mean time it the responsibilty of the family members to try to reconcile them. The muslim clerics (The Jama'th) can also be approached .
The third time will be the final chance given to a muslim. Things become totaly tough for the husband.

It has to be noted that several months or years passes between each talaqs ( If Allah's laws are obeyed).
"And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah . These are the limits of Allah , which He makes clear to a people who know The Quran 2:230
After the third talaq the marriage has really come to an end now. The three chances are exhausted by now. Even then the husband wishes to reunite it is not possible unless the wife who have entered another marriage ( if this happens) divorces her husband which is highly impossible.
This is TALAQ, Islams way of dealing with divorces.
There is a serious confusion nowadays (especially in India ) among the both muslim and non-muslim people regarding talaq . It can never be said thrice at one go

Do you know that three (divorces) were treated as one during the lifetime of Allah's Apostle (Peace be upon him), and that of Abu Bakr, and during three (years) of the caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be pleased with them) said: Yes.
Sahih Muslim 3492
Therefore it is clear that it is nowhere said by the prophet or mentioned in the Quran that all three talaqs can be said at once let alone messaging or whatsapp-ing it. ;)
Barunkidiwani thumbnail
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Posted: 6 years ago
Neither its unilateral nor its like talaq talaq talaq GAMEOVER.
Muttalib, divorced his wife thrice in one sitting, and he became extremely grieved over it. Prophet Muhammad"Rasoolullah asked him: How did you divorce her?' He said: I divorced her thrice.' Then,(Rasoolullah ) asked him, In one sitting?' He said: Yes.' (Rasoolullah ) said: Those are [counted as] only one so take her back if you wish.' He said: "So he took her back. This is how Ibn Taymiyyah transmitted it in his Fatawa(3:22).
In terms of marriage, one of the many evils of the pre-Islamic era was the way women used to be divorced. Men would divorce their wives and take them back and divorce them again and take them back; all made woman like a game of flesh for corruption.

So Allah ordered:
Baqara 2:229. The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (in indian language its called dahej but it is given to the girl not the boy) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul' (divorce initiated by the woman). These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the Zalimun (wrong-doers).
230. And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband . Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge.

Intention of the Shariah

1. To make marriage easy and adultery difficult
2. To make marriage quick and divorce, with time to permit reconciliation
3. To save the marriage as far as possible

Narrated by 'Abdullah bin 'Umar (RA), that he had divorced his wife while she was menstruating. 'Umar bin Al-Khattab (RA asked Rasoolullah about that. Rasoolullah said, " Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced." [Bukhari Volume 7, Book 63, Number 178]
What's the correct way?
1. Give Talaq only during her clean period
2. Give Talaq only once
3. She continues to remain in the house as a wife with all privileges and duties except intimacy
If there is intimacy the Talaq is automatically cancelled
So the first thing to remember about Talaq is that it is to be given only in the clean period before having intercourse and that it is to be given once only .
To explain: He gives her one Talaq for the first (1st) time and before her Iddah ( waiting period) of three cycles or three months is over, they can get back together without any legal procedure.Nothing more need be said or done and they can live happily together to the end of their days as man and wife.

If he doesn't take her back then at the end of three months, they are divorced and both can get married to whoever they please. However, if they don't and after some time (whatever the duration is), if they want to get together again, they can get married again by contracting a fresh Nikah . It is as simple as that.
To return to the example of Talaq above, after the first Talaq, but within the Iddah period they get back together. Then some time passes, maybe a year or two (or more or less) some more conflict and he gives her another Talaq, again only once. She is now again in the Iddah (waiting period) period of the second Talaq(2nd) . But before that ends people intervene and matters are resolved and they get back together.They remain married and can carry on as usual. Then a couple of years pass, more or less and the conflict surfaces again and he gives her one Talaq again. This time it is final and irrevocable. He can't take her back as this is the third Talaq(3rd) that Allah referred to in the Ayah.
The wisdom behind that is, that Talaq has already happened twice (Talaq) and then if it happens again a third time, it means that this couple have really exhausted all possibilities of living together harmoniously and there is really no point in carrying on in the marriage. So Islam allows the marriage to end but only after giving more than ample time to reconcile.
About the period of Iddah Allah ordered:

Talaq 65: 1. O Prophet! When you divorce women, divorce them at their 'Iddah (prescribed periods), and count (accurately) their 'Iddah. And fear Allah your Rabb (O Muslims), and turn them not out of their (husband's) homes, nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allah. And whosoever transgresses the set limits of Allah, then indeed he has wronged himself. You (the one who divorces his wife) know not, it may be that Allah will afterward bring some new thing to pass. (that they may come back together).
Talaq 65: 4. And those of your women as have passed the age of monthly courses, for them the 'Iddah, if you have doubts (about their periods), is three months, and for those who have no courses (or irregular) their 'Iddah is three months likewise. And for those who are pregnant, their 'Iddah is until they deliver (their burdens), and whosoever fears Allah and keeps his duty to Him, He will make his matter easy for him.

We can see from these Ayaat that not only is the period of Iddah specified clearly but Allah specifically orders people to adhere to it as it can lead to the rift that caused the divorce to be healed. To ignore this process and give all three divorces at one go is to try to circumvent the process specified in the Qur'an. Obviously this is not permissible. This is why even those who insist that triple Talaq is valid still call it Talaq ul Bid'a (Talaq of the innovation).
If it is divorce you want, it is permitted and its method is clearly specified. Why not stick to that instead of insisting on something you yourself call an innovation and then put yourself in the position where it is creating so much suffering and put yourself in the way of censure and criticism unfairly leveled at Islam thanks to your own misrepresentation of what Islam actually orders?
So all that needs to be done in the question of the triple Talaq in one sitting, which is causing so much controversy, is to go to the Qur'an and Sunnah and the answer is clear; that it is a Bid'a (innovation). The solution is to stick to what Allah decreed and what His Messenger taught.
How did the triple Talaq come into practice?

Historically speaking, triple Talaq happened in the time of Rasoolullah also.
Ibn Abbas (RA) stated explicitly that three divorces used to be counted as one in the time of Rasoolullah and [they conclude] what Imam Ahmad and others narrated from the story of Rukanah ibn Abd al-Aziz ibn AbdYazid: from Ikrimah, the freed-slave of Ibn Abbas, he said: "Rukanah ibn AbdYazid, the brother of al-Muttalib, divorced his wife thrice in one sitting, and he became extremely grieved over it. He said: "Rasoolullah asked him: How did you divorce her?' He said: I divorced her thrice.' Then, he (Rasoolullah ) asked him, In one sitting?' He said: Yes.' He (Rasoolullah ) said: Those are [counted as] only one so take her back if you wish.' He said: "So he took her back. This is how Ibn Taymiyyah transmitted it in his Fatawa(3:22).
If we look at this Hadith in the light of the Ayaat of the Qur'an we can see that the Hadith is the implementation of the Ayaat and supports them. The man gave three Talaq in one sitting and the Prophet overruled it and said that it only counts as one. So what must we in India do? Do what Muhammad our prophet did. He is our guide. He is the one we follow. His word is the final authority. So follow him. Who can object to that? This is the ruling that Ibn Taymiyya, Ibn Al Qayyim and others also ruled as being the correct understanding of the Hadith. However, we need not go to Ibn Taymiyya when we have the ruling of the Messenger of Allah which supersedes everyone else.

I am aware of all the scholarly arguments used to justify triple Talaq in one sitting. My submission to my learned brothers is, All your arguments are in the end, conjecture and deductive reasoning. In contrast to that you have the actual orders of Allah as revealed in His Book, the Qur'an and you have the action of the Messenger in response to that order. Why do you give precedence to conjecture in the face of this evidence? What Rasoolullah did, we know for certain. Why he did it is somebody's opinion. It is at best an informed guess. It is not actual observed, recorded fact. Rasoolullah 's action is what was observed and recorded. His intention was in his heart. However, his action is exactly in keeping with, supporting and in obedience to the orders of Allah . So why leave what is clear and choose what is doubtful?'
This practice of ruling that three Talaq in one sitting is counted as one, continued in the time of the first of the Rashidun Caliphs, Abu Bakr (RA). In the time of Omar ibn Al-Khattab (RA), this started becoming a problem and so Omar ibn Al-Khattab (RA) applied his standard ruling in all such matters where he said, When Rasoolullah was alive, Allah used to tell him what was in people's heart. Today we don't have that information, so we will go with what is apparent.' So if a person gave his wife three Talaqs at one time, it was taken as three and not one. This was done to punish the man for doing Haraam.