The Prince of Arcot, Nawab Mohammed Abdul Ali, has strongly criticised the All India Muslim Personal Law Board’s defense of triple talaq, asserting that the law cannot be read according to anyone’s personal perception, even the Prophet’s.
The affidavit stated that although pronouncement of triple talaq in one go was “undesirable and irregular”, various Islamic jurists and religious scholars have unanimously agreed thatsuch a pronouncement was legally valid.
Even if divorce was pronounced irregularly without any valid reason, the affidavit said, it would still result in termination of marriage.
The Prince, however, asserted that the Quran is unambiguous about the procedure for talaq. “You cannot pronounce triple talaq as you wish. The Quran clearly, and in no uncertain terms, states that three months is the required buffer period before the husband can pronounce Talaq three times,” he told The News Minute.
“Even if the man feels he must terminate the marriage he is given the option of pronouncing talaq two times and allowing three months before he can pronounce the third. Talaq does not count especially if pronounced in anger or under intoxication,” he explained.
He also argued that there is sound reason for this legal procedure. “This is done keeping in mind the tedious process that if the man chooses to go back on his triple talaq and reunite with his wife, he will have to marry another woman, wait another three months, pronounce triple talaq, and marry his first wife again,” he said.
The affidavit had also defended triple talaq on the grounds of inequalities of power between men and women. “Granting a husband the right to divorce indirectly provides security to the wife. Marriage is a contract in which both parties are not physically equal. Male is stronger and female weaker sex. Man is not dependent on woman for his protection. On the contrary, she needs him for her defence,” stated the affidavit.
The Prince, however, said this has little to do with physical or mental strength. “The man possesses a higher status than woman, and that’s why the man needs to take care of her,” he said.
The All India Muslim Personal Law Board, in its affidavit to the Supreme Court, had also claimed that if the practice of triple talaq is discontinued, a man could resort to murder to be rid of his wife.
“If there develops serious discord between the couple, and the husband does not at all want to live with her, legal compulsions of time-consuming separation proceedings and expenses may deter him from taking the legal course. In such instances, he may resort to illegal, criminal ways of murdering or burning her alive,” stated the affidavit.
However, the Prince argued that such consequences could be prevented by following the role properly. “Any of these illegal or criminal ways the husband may possibly resort to can be prevented by actually reading and going as per the law. Nobody can go by their perception of the law, even the Prophet cannot,” he explains.