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Muslim Countries where Triple Talaq is banned

22-AUG-2017 11:15

The term 'Talaq' derives from Arabic verse which means 'freeing or undoing the knot' that refers to a divorce. The Quranic message is very explicit about divorce as it leans more toward safeguarding marriage than dissolving it abruptly. But still people need separation through Talaq or complete breakdown of marriage then it require arbitration before husband and wife.

 Triple Talaq Egypt

Before moving on to the discussion, we must know the concept of Triple Talaq- which in reality is not for pronouncing three times but followed by three step process and also never pronounces in one go without arbitrators from both side because Islam gives provision of rethink, reconsider and reconcile, if it is possible.  In other words, “A divorce accompanied by a number expressly or implied, shall count only as a single divorce and such a divorce is revocable except when three Talaqs are given, one in each menstrual cycle.” Hence, Triple, instantaneous, verbal Talaq, in any event, is repugnant to the spirit of Islam. Here, we are giving the list of countries where Triple Talaq is forbidden by law.

Muslim Countries where Triple Talaq is banned

1. Pakistan

It was abolished after recommendations by a 7-member commission on marriage and family laws in 1956 and framed the legislation of marriage and divorce similar to Egypt, the husband must pronounce Talaq in three successive menstrual cycles.

 Pakistan and Iraq

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2. Egypt

It was the first country to reform its divorce system in 1929 according to the Quranic interpretation.

 Triple Talaq Egypt

3. Tunisia

As per Tunisian Code of Personal Status 1956, it enshrine that the institution of the marriage comes under the ambit of state and judiciary which cannot allow husband unilaterally to verbal divorce his wife without explanation of reason.

 Tunisia

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4. Sri Lanka

Although, it is not Muslim majority country but some Islamic scholars consider the Srilankan Marriage and Divorce (Muslim) Act, 1951 as the ‘most ideal legislation on divorce (Triple Talaq)’. This act envisages that if husband wants separation from his wife then he has to give notice of his intention to Qazi (Muslim Judge) along with the relatives of the partners, elders and other influential Muslims of the area, for attempting the provision of rethink, reconsider and reconcile.

 

 Srilanka

5. Bangladesh

The process of divorce is very simple in Bangladesh just in three steps to divorce for both Husband and Wife (When power of giving Divorce has been delegated in the Kabin) wanting separation:

I. Give Notice in writing;

II. Face the Arbitration Board (Appeared or not don’t matter); and

III. After expiry of 90 days take a registration certificate from a registered Nikah Registrar (Kaji).

6. Turkey

The process of Talaq in Turkey can began only if the marriage was registered at the Vital Statistics Office. Then the entire process of Talaq will done in civil court.

Grounds for divorce accepted in a court in Turkey

 Turkey

7. Indonesia

Every divorce can only be executed by a court decision. An agreement to divorce between the husband and wife will not be constituted as a divorce, only a court decision may constitute a divorce. It is regulated under Law No. 1 of 1974 concerning Marriage (“Marriage Law”) which also further regulated under Government Regulation No. 9 of 1975 concerning The Implementation of Law No. 1 of 1974 concerning Marriage (“Marriage Regulation”).

8. Iraq

It was the first Arab country to replace Sharia court from the government-run personal status court.

 Iraq Talaq

In the above write-up cover the most debated current topic on Triple Talaq which shows, how Indian society wants to move towards reformation whether it is social or religious matter. And also deals with – What makes the Triple Talaq (instant divorce) laws so difficult is the fact that they are not codified and so are open to interpretation and adjustment.

Why Uniform Civil Code is necessary for India?

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