INTRODUCTION:

The divorce and divorce laws affect the female section of the population the most. Hindu women outnumber Muslim women by 5 times, and also, Muslims are 27% less likely than others to divorce or separate¹. But the differential impact of² divorce across genders is higher for Muslims than for Hindus and women than for men. Also, as per Bhartiya Muslim Mahila Andolan (BMMA), there has been surveying done for divorce rates in India, but not to the extent of Triple Talaq among Muslim communities. Therefore, the Muslim community has a very higher percentage of divorce rates, in contrast to the census report, i.e. 11% (Desk, 2017). Awaz-e-Niswaan has done one more study, an NGO of the Muslim women community-based in Mumbai, which revealed that 65% of divorce cases belong to Triple Talaq⁹. So, it can be found that Triple Talaq, also known as Talaq-e-biddat, is a major problem among Muslims, especially women. It is a form of divorce that is unapproved in Islam and the Quran and is given by a Muslim husband as per his will at any time to his wife by only uttering the word ‘talaq’ thrice in one sitting, instantaneously by any means like physical contact, phone, mail, etc. Furthermore, there is no time for rethinking for either spouse about this decision and the divorce becomes final instantaneously⁴. Singh and Srivastava (2020) have described this ill practice as' a one-sided engine of oppression', meaning a right that is granted only to Muslim men and not women⁵. Further, Muslim males generally escape the liability of paying compensation for this ill practice. This left the Muslim woman helpless in all terms.⁶

Muslim women are helpless and even incapable of making daily decisions due to the heavy influence of patriarchal structures and Muslim organizations, so how can they save their marriages through Triple Talaq⁷? Further, divorcees are treated badly all over the world as they used to be considered a burden on others for their endurance, and if children are involved, then the situation becomes worse. They are not given equal status and position in society, and their children are also seen as having a downward status.⁸ Overall, there is an identity crisis for Muslim divorced women⁹.

Here the question arises: what is the reason behind the prevalence of this inhuman ill practice? Saujan (2019) has claimed the lack of knowledge on the part of Muslim women as a major factor^10-13, while Cheema (2019) has blamed the Muslim scholar’s lack of understanding behind the practice of Triple Talaq on how to apply the valid Islamic rules to the varied socio-cultural context¹⁴. Also, the scholars who are well knowledgeable and competent enough to apply the principles of Islam in real life, benefiting all sections of society, lack the moral courage to do so. This lack of courage leads to making a wrong impression of Islam all over the world. Consequently, the Muslim community and hence Muslim women have started to lose faith in justice through Islam. Further, besides the Quran, one more source of Islam has been generally taken into consideration by Muslims, i.e., Sunnah (hadith). It compiles the deeds and activities of the Prophet during his lifetime. The authenticity of Sunnah has been approved by the Quran itself¹⁵. The Hanafi Sunnis are in majority in India (Census, 2011)¹⁶ and they follow Sunnah more regarding this as compared to other sects.

To curb this menace, Government of India have banned the practice of Talaq-e-biddat or Triple Talaq by enacting the a law i.e., Triple Talaq Act 2019 or better called as The Muslim Women (Protection of Rights on Marriage) Act 2019. Many criticisms came for this legislation,¹⁷ especially from the Muslim Personal Law Boards, blaming that the Government cannot modify or alter anything which has been illustrated in the Quran, because it would then go against the article 25. Further, various laws and regulations have been enacted earlier but that were all proved to be unfair towards women¹⁸. Now, before going to the present legislation i.e., The Muslim Women (Protection of Rights on Marriage) Act 2019, it is very much essential to gain the insight of actual procedure of divorce and knowledge level of respondents regarding the same as per the holy book Quran.

To enhance the status of women or to provide justice to them, the equal participation of men is required. Therefore, there is an extreme need to assess the knowledge level of men regarding Quranic way of divorce. The research paper aims to reveal the status of knowledge of Married Muslim males ranging age between 18-50 years regarding actual procedure of divorce as per the Quran.

The Actual Procedure of Divorce as per Quran:

The literatures have revealed that in Talaq-e-ahasan form of divorce, 90 days period of iddat (waiting period) is required, is revocable twice in a lifetime, and Meher (dower) use to be granted as a one-time compensation to that aggrieved Muslim women and if the child(ren) is/are there, then till the children reach the age of puberty¹⁹.

Talaq-e-hasan is the second most approved form of divorce as per the holy book Quran, which is revocable twice, has 30 days period of iddat (waiting period) and one time Meher (dower) has been granted to the aggrieved Muslim women as compensation amount²⁰.

Talaq-e-biddat is a form of divorce that is unapproved in Islam but carried out by Sunnis sect of the Indian Muslim population due to the certain historical background where it has been allowed to practice Talaq-e-biddat²¹. But still, if Triple Talaq happens, then there is a provision of compensation in the form of one-time Meher (dower) only, and is irrevocable²².

MATERIALS AND METHODS:

The research opted for quantitative design, has incorporated random sampling with a sample size of 192. The study has been conducted in Durg-Bhilai city of Chhattisgarh. For data analysis, MS Excel has been utilized.

FINDINGS:

Number of divorces prescribed and approved in the holy book Quran:

Overall, the majority of the respondents i.e., 69.78% (127) know only about one form of divorce, while 23.62% (43) of the respondents know about 2 types of divorce. Very few respondents, i.e., 2.19% (4) of the respondents don’t have knowledge regarding it.

The name of approved and prescribed forms of Quranic divorce as per respondents has been further classified into 3 criteria i.e., Talaq-e-ahasan and Talaq-e-hasan, Talaq-e-ahasan and Talaq-e-biddat, Talaq-e-hasan and Talaq-e-biddat. Out of those respondents who know about 2 types of Quranic forms of divorce, 37.20% i.e., 16 know about Talaq-e-ahasan and Talaq-e-biddat, 32.55% i.e., 14 know about Talaq-ahasan and Talaq-e-hasan and 30.23% i.e., 13 know about Talaq-e-hasan and Talaq-e-biddat. Out of those respondents who know only about one form of divorce, the majority of respondents i.e., 59.84% (76) know about Talaq-e-ahasan only; 23.62% i.e. 30 know about Talaq-e-hasan only and; 16.53% i.e., 21 know about Talaq-e-biddat only.

The duration of the iddat period required in the Talaq-e-ahasan form of divorce as per those respondents:

Majority of the respondents i.e., 81.57% (93) know that 90 days of the waiting period is required, while only 6.14% i.e., 7 respondents are in dilemma and say that iddat period varies between 90 to 180 days. While only 1.75% i.e., 2 respondents know about 60 days, the same percentage goes with 90 to 120 days, 103 days, 120 days, and few months. 2.63% i.e., 3 respondents don’t know about the duration. And only 0.87% i.e., 1 respondent prefer to answer 60 to 90 days.

The existence of revocability provision in Talaq-e-ahasan form of divorce:

The majority of the respondents i.e., 91.89% (102) know about the revocability provision in Talaq-e-ahasan form of divorce, while 8.10% i.e., 9 respondents have knowledge that there is no such provision in this form of divorce.

The number of times; Talaq-e-ahasan form of divorce can be revoked:

All of the respondents know that Talaq-e-ahasan can be revoked twice in a lifetime.

The provision of compensation in Talaq-e-ahasan form of divorce:

It can be observed that 98.24% i.e., 112 of the respondents agree that there is a provision of compensation in the said form of divorce, while 1.75% i.e., 2 of the respondents does not agree with that.

Awareness Level regarding the compensation amount and its duration provided to Muslim women after Talaq-e-ahasan form of divorce:

It can be observed that the majority of the respondents i.e., 66.07% (74) are aware that Meher uses to be provided to Muslim women divorcees which are granted only once. While the other responses are as follows: 8.92% i.e., 10 respondents - Meher and compensation till remarriage; 8.03% i.e., 9 respondents - Compensation and its duration is decided by husband; 4.47% i.e., 5 respondents – Decided by Spiritual Leaders; Only 3.61% i.e., 3 respondents - Meher for 3 months only; the previous same percentage of same respondents - Meher (either for 3 months or till remarriage); Only 3.57% i.e., 4 respondents – As per need which can extend up to lifetime; Only 1.78% i.e., 2 respondents - Meher amount as per husband's decision; 5.35% i.e., 6 respondents do not know about it; 1.78% i.e., 2 respondents replied that there is no criteria of it prescribed in the Islam.

The duration of the iddat period required in the Talaq-e-hasan form of divorce as per those respondents who know about this form:

The majority of the respondents i.e., 89.23% (58) know that 30 days of the waiting period is required, while only 1.53% i.e., 1 respondent is in dilemma and say that iddat period varies between 30 to 60 days. Only 3.07% i.e., 2 respondents are also in dilemma and say that the iddat period varies between 30 to 45 days. Only 6.15% i.e., 4 respondents don’t know about the duration of iddat period in this divorce form.

The knowledge of respondents regarding the existence of revocability provision in the Talaq-e-hasan form of divorce:

It can be observed here that the majority of the respondents i.e., 90.76% (59) know about the revocability provision in the Talaq-e-hasan form of divorce, while 9.23% i.e., 6 respondents have knowledge that there is no such provision in this form of divorce.

The knowledge level of respondents regarding the number of times; the Talaq-e-hasan form of divorce can be revoked:

It can be observed from here that the majority of the respondents i.e., 81.13% (52) who are acquainted with the revocability provision of this divorce form know that Talaq-e-hasan can be revoked twice in a lifetime.

The respondent’s awareness level regarding the provision of compensation in the Talaq-e-hasan form of divorce:

It can be observed that 93.84% i.e., 61 of the respondents agree that there is a provision of compensation in the said form of divorce, while 6.15% i.e., 4 of the respondents do not agree with that.

The respondents’ awareness level regarding the compensation amount and its duration provided to Muslim women after the Talaq-e-hasan form of divorce:

It can be observed that the majority of the respondents i.e., 81.96% (50) of the respondents are aware that Meher uses to be provided to Muslim women divorcees which are granted only once. 18.03% i.e., 11 of the respondents have a reply - Meher till remarriage.

Knowledge about existence of Talaq-e-biddat form of divorce:

The majority of the respondents i.e., 97.80% (178) know about the existence of Talaq-e-biddat form of divorce.

The respondents’ awareness regarding the provision of compensation in Talaq-e-biddat i.e., Triple Talaq:

It can be observed that 46.06% i.e., 82 of the respondents know that compensation is being provided in this.

The awareness level of respondents regarding the existence of revocability provision in Talaq-e-biddat i.e., the Triple Talaq form of divorce:

It can be observed that the majority means 96.67% i.e., 174 respondents have a say that there is no such provision in Islam.

SUGGESTION, CONCLUSION AND RECOMMENDATION:

The very strong opinion of the respondents regarding the Triple Talaq Act 2019 depends on the knowledge level of the respondents regarding the actual form of divorce as per the holy book Quran, and also there is a need to assess their knowledge level regarding the Triple Talaq Act 2019. The present research focuses only on the former one.

The research study reveals that the majority of the respondents know only about one approved form of divorce, i.e., Talaq-e-ahasan or Talaq-e-hasan. Very few know that two forms of divorce are there and the majority of them claim them as Talaq-e-ahasan and Talaq-e-biddat. It can be concluded here that the majority of the respondents at least know that Talaq-e-biddat is not an approved form of divorce.

The research study reveals that the majority of the respondents who know about the existence of the Talaq-e-ahasan and Talaq-e-hasan forms of divorce are acquainted with the whole procedure and whereabouts of this form. Also, respondents are aware of Talaq-e-biddat or Triple Talaq, and especially that it is unapproved in the holy book Quran. While regarding knowledge of gaining compensation, only 50% of the respondents correctly know that meher is to be provided in any form of divorce to the aggrieved women.

The only way to incorporate knowledge among the respondents and Islam always encourages the education of all regardless of sex, and at the time of the Prophet, there were numerous women scholars²³.

Social Work Intervention:

Due to the ill practice of Triple Talaq, Indian Muslim women are in a pathetic condition today. There is a dire need to make them so capable that they can help themselves. One of the aims of social workers is to empower individuals to help themselves. First, the ground realities have to be ascertained. That’s why the research has done an empirical study to assess knowledge of the Muslim community regarding the Triple Talaq. The social worker can intervene in the Muslim community via awareness generation programs, community work and individual approach. The relevance of social work with the concerned research can be illustrated as –

i. The research study reveals that majority of the respondents have knowledge regarding any one approved form of divorce as per holy book Quran i.e., Talaq-e-ahasan or Talaq-e-hasan. As a social worker, the only way to sort out this is to motivate the clients to read the holy book Quran by themselves only to gain the knowledge of proper procedure of divorce and to find out that which one is prohibited by the Prophet.

ii. The dower i.e. Meher use to be return to the respective women in any type of divorce. But research reveals that only 50% knew about it. Here, the social workers along with the Spiritual Leaders can make a proper observation and prohibit such practice and shall give knowledge to Males of Muslim community regarding the liability of them to compensate her respective females with Meher. Social workers can engage with any such type of Non Governmental organizations which work for the Muslim community like that of Bhartiya Muslim Mahila Andolan.

iii. Although, very few of the respondents think that the practice of Triple Talaq is good under certain circumstances and that it is also approved in the Holy book Quran. The social workers, alongwith the Spiritual Leaders can aware the community regarding the approved and unapproved form of divorce to the community via speeches, in gatherings and it should be done without any hesitation and as per the need of hour.

iv. The research reveals that the amount of Meher has been found to be insufficient for the victims of Triple Talaq, because it is only one time compensation and majority of the clients are not that much educated to get any vocation. A social worker can imbibe among the community members the importance of education especially for Muslim females and by getting any reputed job how the standard and thinking of that particular family can change positively. Awareness campaign can be launched by the social workers for it and also live examples can be illustrated.

ACKNOWLEDGEMENT:

This study has a major contribution of the Muslim community and Dr. Archana Yadav (Assistant Professor, Department of Social Work, Guru Ghasidas Vishwavidyalaya).

DECLARATION OF CONFLICTING INTERESTS:

The author declared no potential conflicts of interest with respect to the research, authorship, and/or publication of this article.

REFERENCES:

1. Dommaraju, “Divorce and Separation in India.”

2. Dewangan, “Should Women Be Abandoned to Their Religious Institution during Their Menstruation Phase?”

3. Islam, “Instant Triple Talaq: A Curse on Muslim Women in India.”

4. Kalindri,” Triple talaq and the rights of Muslim women 2019”

5. Singh and Srivastava, “Perception of Muslim Girls and Their Mothers on Triple Talaq.”

6. Thakur, “Feminism and Women Movement in India”

7. Agarwal and Paul, “Triple Talaq.”

8. Dewangan, “Should women be abandoned to their religious institution during their menstruation phase?”

9. Singh and Srivastava, “Perception of Muslim Girls and Their Mothers on Triple Talaq.”

10. Saujan, “Misconceptions of Women’s Rights in Islam and Its Refutations: A Conceptual Study Based on Sources of Islamic Law.”

11. Maity, “Education for Women Emancipation: Swami Vivekananda in Today’s Relevance”

12. Pandey and Pandey, “Women’s Contribution in National Development”

13. Kumar et al., “Women Educational Status and Its Impact in Nuh District of Haryana”

14. Cheema, “An Unlikely Champion of Women’s Rights under Muslim Personal Law: Mawdudi on the Anglo-Muhammadan Law.”

15. Rawat, “Matrimonial Rights of Muslim Women In India- With Special Reference To Maintenance And Inheritance.”

16. Directorate of Census Operations Chhattisgarh, “District Census Handbook - Durg.”

17. Islam, “Women empowerment and gender justice”

18. Dewangan and Yadav, “Unheeded Muslim Women’s Rights to Divorce.”

19. Mattson, “Women, Gender and Family Law”; “The Quran”; Dewangan, Yadav, and Bhanu, “Religionism and Domestic Violence in Muslim Communities: Perceptual Analysis of Triple Talaq Act 2019”; Dewangan and Choubey, “Muslim Spiritual Leaders and Domestic Violence: An Analysis of Triple Talaq Act 2019.”

20. “The Quran.”

21. “The Quran”; Islam, “Instant Triple Talaq: A Curse on Muslim Women in India.”

22. Dewangan, Ain-i-Talaq-e-Biddat: Path to Social Reform and Case Studies.

23. Khatun, “Does Islam Really Degrade Women?”

Received on 26.10.2023 Modified on 01.12.2023

Int. J. Rev. and Res. Social Sci. 2024; 12(1):5-9.

DOI: 10.52711/2454-2687.2024.00002