Abu Haris,
The controversy over Triple Talaq (in a single sitting) is a case of social problem. In any case, the court would do what it is supposed to do but every social issue has to be addressed through the society also. Everybody would agree that any social issue cannot be resolved by just a law to ban that. The problem of dowry is a glaring example of what the law can do and what it cannot. In fact, there are cases where the dowry act has been misused for the opposite purpose and our police officers and courts are riddled with false cases.
Triple Talaq (in a single sitting) is such a delicate issue that it cannot be resolved through a debate anchored by anyone who is still in his/her school days mode. When the moderator of a discussion becomes a party the real issue gets lost. There are two issues; one to ban the triple talaq (in a single sitting) and the other is to eradicate it. Banning it is a contentious issue but the eradicating it is not. In fact, eradication of triple talaq (in a single sitting) is a common case. Some clerics are constantly saying that it is a sin, it is not in accordance with Quran, it is against the basic ethics of Islam and it is punishable.
If one goes by the basic principle of journalism, it is factually incorrect to say that the clerics or the All India Muslim Personal Law Board is in favour of triple talaq (in a single sitting). In its affidavit AIMPLB has used the word ‘sin’ for it more than once. The point of contention is whether it should be counted as one or three and if it is irrevocable. Undoubtedly, AIMPLB are of the view that once pronounced, triple talaq (in a single sitting) is irrevocable. In some exceptional cases they consider it correct too.
But it also a matter of common knowledge that there are sections of Islamic clergy and schools of thought that in no uncertain terms say that triple talaq (in a single sitting) is not valid and that it should be considered as only one or just null and void. In fact when Hanafi followers get a fatwa over triple talaq as irrevocable many of them go to the Ahle Hadees school of thought as they have a clear standing that triple talaq (or any number of talaq in a single sitting) would be considered as only one.
So, what is common between those who demand a ban on triple talaq (in a single sitting) and those who oppose the ban is that both want its end (of course, with some exceptional cases).
It is pertinent to recall the success of Polio Eradication Drive here. Everybody knows that how most of the clergy was opposing Pulse Polio even in India. What happened next is a case to ponder over. The same clergy was convinced about the need of Polio Drive and then there were announcements made from the Masjids for ensuring that the children got the polio eradicating drops.
So, barring those who are not accommodative of religious sentiments, the eradication of triple talaq (in a single sitting) is a case of common cause. Any serious government can work together with the clergy to educate men and women about the teachings of Islam and the Quranic ways of getting divorce. Those who think that religion has no role to play and a ban is the only solution should allow some democratic ways to succeed and avoid unnecessary confrontation.
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