Karen Leslie Hernandez-Andrews
Professor Carol
Fontaine
May
29, 2006
Because of the Misuse of
Triple
Talaq
There
is a phenomenon occurring in
Triple
Talaq
is allowed in many other countries as well—
The cultural diversity
of the Muslim community in
practices differ from community to community,
although ‘Triple Talaq’ is
uniformly
recognized. Talaq by post has
recently become popular. In this
practice, a wife is
sent to her natal home where she will receive a postal
talaqnama, which may
mention the reasons for divorce.[3]
(For
more information on Triple Talaq and issues concerning Muslim women worldwide,
go to Women Living Under Muslim Laws at http://www.wluml.org/english/index.shtml.)
In
many cases, if the woman has been Triple
Talaqed outside her home, she is unable to go back to her home and retrieve
her belongings, essentially leaving her destitute if she has no family to help
her.
What of women’s rights
when referring to divorce? Are
woman allowed to Talaq their husbands?
Or maybe the question is, does she have any rights whatsoever in her
marriage? What do both the Qur’an
and Hadith actually say about divorce and in respect to women in general? There are many factors to consider
here. When referencing the law in
India which is obviously a large factor in this issue, one must remember that at
one time Colonial Law ruled India, and as we will read, colonial law still
affects both civil and Islamic Law in India today. With that, colonial law also oppressed
women, and the oppression of all East Indian women continues to this day as
well. And, as many are aware,
Muslims are struggling all over the world at this time in history to create and
comprehend a woman’s place within the religion of Islam, and how to establish
her as an equal partner, not only in marriage, but in all aspects of Islam. Triple Talaq is a cultural, oppressive
form of emotional abuse toward Muslim women that is not sanctioned in the Qur’an
but stems from ancient and contemporary practices. This paper will explore the roots of Talaq, the basic laws surrounding Muslim
marriages in
[1] See article under NATION in Express India, written by Sona Khan, Veil of Ignorance: Muslim Women’s Talaq Trap, http://www.expressindia.com/print.php?newsid=35361, 1/22/2006.
[2] See article at BBC
Online, written by Geeta Pandey, BBC Correspondent in
[3] Women Living Under Muslim Laws, Knowing Our Rights—Women, family
Laws, and Customs in The Muslim World, (
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FULL ACADEMIC PAPER IS ATTACHED.