Karen Leslie Hernandez-Andrews
Professor Carol Fontaine
May 29, 2006
Talaq, Talaq, Talaq—Women Suffering In
Because of the Misuse of Triple Talaq
There is a
phenomenon occurring in
Talaq is allowed in many other countries as well—
The cultural diversity of the Muslim
practices differ from community to community, although ‘Triple Talaq’ is
uniformly recognized. Talaq by post has recently become popular. In this
practice, a wife is sent to her natal home where she will receive a postal
talaqnama, which may mention the reasons for divorce.
(For more information on Triple Talaq and issues concerning Muslim women worldwide, go to Women Living Under Muslim Laws at http://www.wluml.org/english/index.shtml.)
In many cases, if the woman has been Triple Talaqed outside her home, she is unable to go back to her home and retrieve her belongings, essentially leaving her destitute if she has no family to help her.
What of women’s rights when referring to
divorce? Are woman allowed to Talaq
their husbands? Or maybe the question
is, does she have any rights whatsoever in her marriage? What do both the Qur’an and Hadith actually
say about divorce and in respect to women in general? There are many factors to consider here. When referencing the law in India which is
obviously a large factor in this issue, one must remember that at one time
Colonial Law ruled India, and as we will read, colonial law still affects both
civil and Islamic Law in India today.
With that, colonial law also oppressed women, and the oppression of all
East Indian women continues to this day as well. And, as many are aware, Muslims are
struggling all over the world at this time in history to create and comprehend
a woman’s place within the religion of Islam, and how to establish her as an
equal partner, not only in marriage, but in all aspects of Islam. Triple
Talaq is a cultural, oppressive form of emotional abuse toward Muslim women
that is not sanctioned in the Qur’an but stems from ancient and contemporary
practices. This paper will explore the
roots of Talaq, the basic laws
surrounding Muslim marriages in
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 See article under NATION in Express India, written by Sona Khan, Veil of Ignorance: Muslim Women’s Talaq Trap, http://www.expressindia.com/print.php?newsid=35361, 1/22/2006.
 See article at BBC Online, written by
Geeta Pandey, BBC Correspondent in
Living Under Muslim Laws, Knowing Our Rights—Women, family Laws, and Customs
in The Muslim World, (