Friday, March 30, 2012

Triple Talaq given even in state of drunkenness is valid: Deoband

This is the latest fatwa issued by Darul Uloom Deoband, which is the most important seminary in India - according to some. It is worth recalling that Taliban of Afghanistan is product of this Deoband philosophy.

Deoband issued this fatwa in response to a Muslim inquiring about his sister's marriage as her husband, in a state of drunkenness, said, "main tumko talaq deta hoon, talaq, talaq, talaq (I give you talaq — talaq talaq talaq)." (here)

This ruling is directly from Islamic law book, fiqh, or even Sharia. Though Sharia admits to triple talaq, I have not seen anything in Koran or Hadith that literally says Talaq, even in a state of drunkenness, is valid. At least, I have not come across valid reasoning by any Islamic scholar in support of this.

Reasonable or not, since it exists in fiqh (or Sharia), now the girl has to go through torture if she wants to return to her husband and live with him.

As I mentioned in one of my earlier posts (here), when triple talaq takes place - wife can no longer live with her husband who pronounced it unless she marries another guy and consummates. In plain words, Husband (A) gives triple talaq to wife (Z), if A and Z want to live together again then Z has to marry some other guy (X) and has to have even sex with X.

The Reliance of Traveller, Islamic manual of Sharia law of Shafi'i school of thought, says:
@N7.7.... When a free man has pronounced a threefold divorce (triple talaq), the divorced wife is unlawful for him to remarry until she has married another husband in a valid marriage and the new husband has copulated (dis: p29) with her, which at minimum means that the head of his erect penis fully enters her vagina.
 Just look at the whole thing: It is the fault of husband and it is wife who is getting shamed.

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