Unilateral Divorce in Muslim with Special Reference to Countries

Abstract

The present paper explains the validity of unilateral talaq in the SAARC (South Asian Association of Regional Cooperation) countries. The first portion of it deals with the provisions of talaq laid down in the Holy Quran. Talaq-us-Sunnat is the most approved form whereas; Talaq-ul-Biddat leaves no room for revocation of divorce during the pleasurable life of matrimony. A comparative case study which has been decided by different courts in (India, Pakistan, Afghanistan, Bangladesh, Maldives, Sri Lanka, Nepal and Bhutan) has been undertaken to evaluate this issue. I have discussed here that the countries of Pakistan, Bangladesh, Maldives and Sri Lanka have banned the use of unilateral talaq; however, this harsh and violent practice is still prevalent in India, Afghanistan as well as in Nepal and Bhutan. Unilateral talaq which is also called triple talaq has been critically analysed in the background of Islamic law, Indian Constitution and provisions of various SAARC countries. Many scholars have suggested reforms to bring this law into conformity with the true spirit of Holy Quran and sayings of Prophet (P.B.U.H.) by treating both spouses on equal footing in the society. Reconciliation or reunification, which is an essence of Islamic form of divorce, is only possible in Talaq-us-Sunnat not in case of declaring Talaq-ul-Biddat. In this context, I have clearly mentioned the valid reasons why this barbaric, harsh and totally absurd practice should be abolished. The most important stands among them are that it is against the verses of Holy Quran and Hadith because unilateral divorce originated in the period of Umayyad dynasty, and so it is unjust and inhumane as it encourages exploitation of women as well as it is against the provisions of the Indian Constitution.