May 23, 2017 5:10:19 am
Of the eight-point guidelines in the affidavit submitted by the All India Muslim Personal Law Board, the most noteworthy is the last.
It says clearly that those pronouncing triple talaq, instantaneously, should be boycotted, socially.
The Guidelines stipulate that couples must try and overlook each other’s shortcomings and not rush to dissolve their marriage. It urges families to step in if there is a marital dispute, try and save the marriage and also calls for setting up of an arbitrator from each side.
In case of a relationship breaking down irreconcilably, it reiterates three methods of divorce it sees as Islamic and adviseable.
The first is if the husband pronounces Talaq, he must do so at a time when the woman is not menstruating, what is termed the “purity period” (paki ki haalat).
The jurisprudence behind this being that it is a time of discomfort for the woman at any rate and this must not be added on to her troubles. The “waiting time” (iddat), is traditionally of three months and must be waited out.
In case there is no reconciliation, then the couple may be deemed divorced and free to lead separate lives. In case the wife is pregnant then the “waiting period” will extend to the time that the child is born, with all expenses to be paid by the husband and the dower too paid immediately if not paid earlier (the dower or meher is part of the nikah-nama, a pre-settled amount to be paid by the husband in case of divorce).
The second method prescribed is when in three successive months (when again, the wife is not menstruating) the husband has to pronounce divorce once each month.
In case, before the pronouncement of the third talaq, a reconciliation takes place, the marriage holds. If it does not, then the couple are deemed to be divorced and free to lead independent lives.
The third method is of Khula, where a woman, if she does not want to live with her husband can divorce him.
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