A Critical Appraisal of 'Triple Divorce' in Islamic Law

The issue of the ‘triple divorce’ is regarded ashighly sensitive among the Muslims, not only in India but elsewhere.The Holy Qur’an is very cautious in matters of divorce.Three talaqs have to be spaced over a period of 3 months togive husband and wife time for reconciliation through the interventionof relatives and friends. Moreover, talaq can be pronouncedonly when the wife is in a state of tuhur, ie purity after menstruation.Yet, despite clear Qur’anic injunctions to the contrary,immediate triple divorce is permitted, destroying marital lifein one breath. The practice of immediate triple divorce is widespreadamong Sunni Muslims and has legal validity. Even then the juristscall it a talaq-e-Bidat (innovative form of divorce). The disputehas been highlighted by reports of some Muslims instantly divorcingtheir wives by mail, over the telephone, and even through mobilephone text messages. This article explains the different theoriesof divorce prevailing in the contemporary Muslim world and whatchecks and restraints have been imposed by Islam over the exerciseof husband's power of talaq. The article critically appraisesthe ‘innovative triple divorce’ by examining whetherit is sanctioned by the Holy Quran or the sunnah and if thereis a consensus of opinion (ijma) on the effectiveness of tripledivorce.