Triple Talaq Via Post? Jaipur Woman Seeks Supreme Court’s Intervention

Triple Talaq Jaipur Woman Seeks Supreme Court's Intervention
Aafreen says she wanted to reconcile with her husband, but the provision of triple talaq does not care about the rights and wishes of women.

JAIPUR: A Muslim woman in Jaipur has petitioned the Supreme Court after her husband divorced her under the provisions of the Muslim personal law of triple talaq, via speed post.

Aafreen Rehman, 28, was married to Ashar Warsi, an Indore-based lawyer in 2014. She alleged that her husband and in-laws had stated harassing her for dowry less than a year into the marriage.

Aafreen said Mr Warsi started avoiding her calls when she was at her parent’s home recovering from an accident. She said he even blocked her on WhatsApp and other social media networks.

Three months later Aafreen received the divorce letter.

“I was sent this letter on the 27th of January 2016 and this is what it said you and I are no longer in a relationship, according to Muslim law I am divorcing you,” Aafreen said.

Aafreen broke down while narrating the incident and said that it was an extreme act of cruelty. “You cannot understand what I went through how I felt when I got this letter. Have you heard of something like this before that somebody divorces you via speed post?” she said.

Aafreen says she wanted to reconcile with her husband, but the provision of triple talaq does not care about the rights and wishes of women.

“A husband can say talaq three times and its accepted in Muslim personal law as a divorce, there is no provision to ask the wife if she agrees with it or not,” she said.

Muslim women rights organization argue that triple talaq was a gross violation of human rights and must be banned in India as it is in 22 Islamic countries including Pakistan.

“We have petitioned the Supreme Court on this issue, one such petition is already in court and this will be second case. But we are not fighting for Aafreen alone. This is for justice for all Muslim sisters,” said Naseem Akhtar, the convener for the National Muslim Women Welfare Society in Jaipur.

20 COMMENTS

  1. It is true that pronouncement of three talaq in a single sitting is considered one and this is the correct opinion in Islamic Jurisprudence. Each Talaq should be pronounced in a state of “Tuhr” ( when a woman is not menstruating) , i.e. between the two menses in which the husband did not had intercourse with his wife. If he had intercourse in that period between menses than he should not pronounce talaq. Besides this, he should not have said it when he was not in his senses (e.g. in sleep, or extreme anger or intoxicated state). If these conditions are not met than the Talaaq is null and void according to the correct opinion. This is how Shari’ah has narrowed the chances for talaaq to avoid harm to women but still keeping the gates open so that those couples who do not want to keep up marriage ties can separate in an honoured way.
    Secondly, the bride (or her parents) are not suppose to give dowry money to the bridegroom. Any demand from the bridegroom to pay dowry money for marriage must be taken seriously and people should boycott these wolves as their hunger will never end. After marriage they cause more harm to women and her family. A muslim marriage does not need a single penny from the bride rather the bridegroom should give “Mahr” (according to his affordability) . This man does not know the Islamic Law to which we hold our heads high.

  2. As per the news, It can be clearly known that Boy as well as Girl, Both are unaware of correct method of Talaq.
    Boy is far away from correct teachings of Islam that is why he took this decision to destroy life of girl.
    In Islam there is no Triple Talaq in one saying as it goes against the teachings of Quran and Prophet Mohammed(pbuh) and only in some exceptional cases, Khalifa(Islamic Ruler) of his time can give decision based on Husband-Wife specific case. But this is exception as it has happened only once during Umar(ra).

    Anyways,

    Muslims are those who follow Quran and Life of Prophet Mohammed (pbuh), As per the sayings of Prophet Mohammed(pbuh) – {Rukana ibn Abu Yazid said “talaq” to his wife three times on a single occasion. Then he was extremely sad at the step he had taken. The Prophet asked him exactly how he had divorced her. He replied that he had said “talaq” to her three times in a row. The Prophet then observed, “All three count as only one. If you want, you may revoke it.”} Source – Fath al-Bari, 9/275

    Second Hadith – {Narrated Abdullah ibn Abbas: Tawus said: AbusSahba’ said to Ibn Abbas: Do you know that a divorce by three pronouncements was made a single one during the time of the Prophet (peace_be_upon_him), and of AbuBakr and in the early days of the caliphate of Umar? He replied: Yes. }
    Source – Book 12, Number 2194: Abu Dawud

  3. what happens to muslims who have come to USA ? WHAT HAPPEND TO THEM ? ARE THEY FORGETTING THEIR ISLAMIC LAWS IN USA ? THEY HAVE ALL ACCEPTED THE US CIVIL CODE . ALLAH IN USA IS DIFFERENT THAN IN INDIA. MR. FAROOQUI NEED TO COME HERE BUT MAKE SURE HIS SOUP AND BLANKET BECAUSE GUANTANO MOBAY IS COLD !

  4. Triple Talaq is not allowed in Islam and it is Irrational and Wrong. In Islam Triple talaq does not allow it in one go but some illiterates are doing due to lack of knowledge. There are some people in every religion who abuse the religious laws for their own benefits which is condemnable.

  5. Firstly there is no triple talaq @ on go in Islam, there must a waiting period between 3 talaq, each talaq utterance should be followed by a waiting period of three menstrual periods for women or three month, when the couple are supposed to try to reconcile with the help of mediators from each family, until the third and final ṭalāq. So no point blaming islamic law here, Islamic law can’t be redundant and it is far far better than any laws. You must blame punish the culprits who are always finding loopholes.

  6. its one sided story, what has forced the man to do that should be checked. Muslim laws are in no ways redundant, Muslim laws are enforced depending on the scenarios and changes accordingly. also this man who had given talaq via speed post is insane and is unacceptable, now a days people use religion only when and where they need it. and because of which religion is blamed. and guys please do not get religion involved in this. this is Human errors.

  7. “Three Quran Verses Every Woman Should Know (David Wood)”
    (Search above term on youtube)
    Women are oppressed in ISLAM. For more information about Women in ISLAM one should read Quran and Hadeit . Yes they (Muslims) will say we are putting verse out context . But don’t just read one verse read full chapter. You can get more info from same channel.

  8. Pronouncement of Triple Talaq in one sitting / Giving Talaq at time by any mean, is Un-Islamic, accordance with the Versus of the Holy Quran and Sahi Ahadees, hence same is illegal, unlawful null and void and not binding upon the parties. Similarly the concept of ‘Halala’ is also Un-Islamic, illegal, unlawful, null and void and not binding upon the parties. Islam cannot be defame, by taking wrong and Un-Islamic Opinions. What we are practicing in India and Pakistan in this regard is not Islamic-Law. Islamic Law is to be studied a lot thoroughly and rightly, in respect of Triple Talaaq at a time and the concept of Halala.

  9. Pronouncement of Triple Talaaq, in one sitting or Giving Triple Talaq at a time, in un-Islamic, as per the Holy-Quran and Sahi Hadeeth, hence illegal, null and void and not applicable to the parties. Similarly Halala is also un-Islamic as per the Holy-Quran and Sahi Hadeeth, hence illegal, null and void and not applicable to the parties.

  10. Aafreen must not break down and be disillusioned. She has to rise and fix Ashar Warsi. The public irrespective of religious leanings will whole heartedly support her. All of us are fed with the Islamic laws that gives unfettered discretion to men. He must be forced to return every penny spent on his marriage with penal interest. The proceedings must be held in accordance with the law of the land – not any other law, purely from the humanitarian perspective and justice for one justice for all. Ashar must be shamed that no one will come forward to marry him.

  11. All of sudden there is many women filing cases on this. It is a clear conspiracy of the current government to interefere with Muslim Personal Law. But whatever they try they won’t be succeeded in their evil intentions.

    • Dude. Forget about the number of cases filed. Do you think it is valid- Would you ever want any female relative of yours facing such a situation at the whims and fancies of an idiot? If not, the law shouldn’t give such idiots an easy way out.
      Do you still really support this outdated inhuman law which even the highly conservative Islamist states have rejected?

    • ‘All of a sudden’ many women have realised that they have the power to object to oppressive religious diktats. That is why there is an increase in such cases being filed. It has nothing to do with the government but everything to do about the convoluted Muslim Personal Law – No Law is above the Constitution!

    • What is the problem with one law for all concept? Aren’t we Non-Muslims normal human beings? When we can abide by the regular IPC Laws, irrespective of our religion, caste, creed, class, gender, then what is so special about Muslims? Why can’t they abide by the same laws? Why do Muslim men want the right to polygamy or triple talaq? If in case, Muslim laws are fairer than the regular IPC laws (like property laws favoring women within a family), then they definitely should be inculcated in the regular laws for ALL CITIZENS, and the regular laws should be amended accordingly. The fairest law for all! Even a child will think in these terms given the facts. Such a simple, back to basics, fundamental thing – One Law For All. Why complicate issues just to be stubborn?

    • This is ridiculous, you don’t think so that you are violating human rights? supporting this thought itself is crime.

  12. Outrageous, ridiculous, insane…this guy should be banned from practicing Law…if educated people behave like this imagine the condition of uneducated…it is very sad that even after 1000’s of years still a lot of social reforms is required.

  13. Where is that farooqi uncle who is always saying on ndtv that this doesnt happen!?

    • They are not serious, They want to come to courts as per the convinience once in a while.Dont bother Indian Muslims about their personal laws. Sudharna nahi chahte hain. Leave them alone whether women or Men. They want to live like primitive tribes. If women are serious, they should not come to court just because of the disdavantage due that so called triple talaq. When they come with seriousness and sincerety with a desire to be as equal as other Indian women as per the constitution and are willing to accept one set of civil laws for all citizens, then you can do the corrections. Till such time don’t waste time on this drama.

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