A Muslim woman from a village under Mile police station area of Rae Bareli district of Uttar Pradesh has made very serious allegations against her husband. The victim woman says that her husband gave her triple talaq thrice and did her halala twice. On pressing for the third time for Halala, the victim approached the law. In such a situation, the question arises whether the triple talaq law is failing within the boundary wall?
What’s the matter?
This case is of a village in Rae Bareli police station mill area. According to the victim, she was married on April 7, 2015, with Mohammad Arif of Tekari Dandu village. After marriage, she was tortured for dowry. On the provocation of the in-laws, the husband divorced, when the woman wanted to complain to the police, the family members persuaded her to marry brother-in-law Zahid on October 21, 2016. After giving divorce to Zahid, on March 23, 2017, she got married again to Arif.
A few days later, her husband again divorced and the in-laws drove her out of the house. Somehow a compromise was reached between the family members of the victim and the in-laws. The victim was remarried to Zahid and then after Zahid’s divorce, on February 21, 2021, she married Arif for the third time. A year later, on March 1, 2022, Arif divorced for the third time and forced the woman to perform halala with her brother-in-law. After this the dam of the woman’s patience broke. She went to her maternal home, from where on April 3, 2022, a case was registered against 6 people including husband and brother-in-law, but no action for a long time, then the victim has appealed to the Central Minorities Commission for justice. However, no arrest has been made yet in the case.
What is Halala?
Proctor of Muslim Aligarh University (AMU) and Islam expert Prof. Mohammad Wasim Ali says that this divorce is not legal under the triple talaq law, but this divorce is permissible under the Hanafi school in Shariat. Under Hanafi, if a man has given triple talaq to his wife and he wants to remarry her, he has to undergo halala. Halala means that a woman is divorced after marrying another man and then after completing three months of iddat, she can marry her first husband. However, how long it will take depends on the will of the other person, when he will divorce, it is wrong to pressurize him for divorce.
How did this evil stop?
Senior Professor in the Department of Islamic Studies, Jamia Millia Islamia University. Junaid Harish explains that no cleric in the world can approve such a marriage, in which the decision to divorce has already been taken. People who do this should be punished. These people should be boycotted. The present form of Halala has no scope in Islam.
According to Islam, if a man divorces his wife for the first time, he has to live with the wife for three months. If there is no relationship between them in these three months. If there is no reconciliation, then the woman is free. She can marry her husband or any other person. This is the rule for the second divorce, but the third time divorce means that now the woman cannot live with him on any condition. In such a situation, she can settle her house with someone else, but if there is ever such a situation that she is separated from the other husband, then the woman can marry the first husband if she wants, but there is no pressure on her.
Is there a provision for alimony in Islam?
The way the woman has been divorced in Rae Bareli, will she now get alimony? In response to this Prof. Mohammad Wasim Ali says that according to Hanafi, the husband has to pay maintenance to the wife during the iddat. Also, as a punishment for giving divorce, a lump sum amount, land or house can be done in the name of the woman. There is no provision to pay compensation as installment every month.
Husband gives food and drink for three months 13 days
Under the Special Marriage Act, there is no separate alimony rule in case of divorce in Muslim marriages, but there is a rule to give some allowance for subsistence. In this regard, Maulana Ansar Raza, chairperson of Delhi’s Garib Nawaz Foundation, says that after divorce in the Muslim community, the woman has to pay a fixed amount in Mehr. If a specific amount was not fixed in Mehr at the time of marriage, then the husband has to pay the expenses of three months and 13 days of food and drink. Mehr is the right of any woman, but if the woman wants, she can also waive the amount of Mehr.
Husband can be jailed, fine too
Advocate Manish Bhadauria of Karkardooma Court explains that according to the Triple Talaq Act-2019, no Muslim man can give triple talaq to his wife at one go through oral, written or any other means, it is illegal. If he does this then the police can arrest the accused husband who gave triple talaq without a warrant. There is a provision of 3 years in jail and fine or both for the husband. In addition, the victim can also seek maintenance for herself and her minor child. The magistrate will decide the cost of maintenance of the woman and her child, which will have to be paid by the husband.