While there is no rose but has a thorn if what you hold is all thorn and no rose. 261 . Sowramma. for it is intolerable to imprison such a couple in quarrelsome wedlock. Yusuf v.Of all things permitted by law. the sanctity of family life is recognized. Divorce is the most hateful in the sight of Allah: Holy Quran In Islam. The ground is not conjugal guilt but actual repulsion. better throw it away. AIR 1971 Ker. so also the stubborn incompatibility between the spouses as a ground for divorce. .Introduced only during the second century of Muslim era by Ommeyad kings who had found the restraints imposed by the Prophet as interfering with their facility of talaq and thus. found an escape from the strictness of law for the indulgence of their own caprice. COURTS’ OPINION It is a popular fallacy that a Muslim male enjoys. State of U. Sowramma. Also. Though it is a natural development of the Sunni law it is the most disapproved or sinful mode of talaq favoured by law: Amiruddin v. 57 of 1993. AIR 1971 Ker. 343 Talaq-ul-bidda is theologically improper and also improper from the moral point of view: Sarabhai v. Rabiabia. Khatun Bibi. 261 Triple divorce is unconstitutional as it perpetrates male authoritarianism.Writ Petition No.P. triple divorce is contrary to Articles 14.. 15 and 21 of the Constitution of India and hence void: Khlemnissa v. (1903)30 Bom. AIR 1917 All. under Quranic law. unbridled authority to liquidate the marriage: Yusuf v. 537 . spend of Allah's provisions -.if they are with child.pay them and consult in kindness -if there are difficulties.And for such of the women who despair of menstruation . spend whose provision is measured. when the waiting period is over -. .do not take back what you gave her and do not transgress God's limits -.Allah ask no soul beyond its scope . woman to be retained in honour or released in kindness -. spend for them till they deliver.after second pronouncement.harass them not . .After waiting period expired. .Pronounce divorce twice .65: 6 . let some other woman give suck .who is rich.2: 229.Divorced women to wait 3 months – husband should take them back if they desire reconciliation -. .Place no obstacle to prevent women marrying their husbands if they agree.for those with child.65: 4. .2: 232.2: 228.the waiting period is 3 months – along with those who do not get it -.2: 231.they have rights over men similar to what men have over them .Lodge them where you dwell .after hardship comes ease -. the period is up till she gives birth -. if they give suck . wives can be retained or released in kindness make not your religion a laughing stock by your behaviour -.QURANIC PROVISIONS . and take for witness two persons from among you. either take them back on equitable terms or part with them on equitable terms. divorce them at their prescribed periods. O Prophet! When ye men do divorce women. nor shall they (themselves) leave. except in case they are guilty of some open lewdness. does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation. those are limits set by Allah. their prescribed periods: And fear Allah your Lord: and turn them not out of their houses. Thus when they fulfil their term appointed.QURANIC PROVISIONS 65: 1. and count (accurately). and establish the evidence(As) before Allah. He (ever) prepares a way out . And for those who fear Allah. 65: 2. Such is the admonition given to him who believes in Allah and the Last Day. endued with justice. and any who transgresses the limits of Allah. P and others. Rahmatullah v. Civil Decision.P. 1994 (12) Luck. AIR 2002 SC 3551 In fact.e. State of U. runs counter to the mandate of Holy Quran and has been regarded as such by all under Islam-Sunnatto be sinful. the Supreme Court held that the correct law of talaq as ordained by the Holy Quran is that talaq must be for a reasonable cause and preceded by attempts at reconciliation between the husband and the wife by two arbiters-one from the wife’s family and the other from the husband’s and if the attempts fail.. Talaq-ul-Biddat or talaq-i-bidai i. p. The pronouncement of talaq should be effective by establishing the above materials. the talaq may be effected. Shamim Ara v.. 463 .P. State of U. State of U. giving an irrevocable talaq at once or at one sitting or by pronouncing it in a tuhr in a irrevocable manner etc.COURTS’ OPINION In Shamim Ara v. derogatory and arbitrary practices should be done away with. though the triple talaq in single sitting is widely prevalent in our society. If it is believed that the Muslim Law is the system which is meant for all ages and is primarily meant for the welfare of the human being.With the passage of time. So. then it is submitted that the Courts will have to interpret Quran and Sunnat keeping in view the consideration of the new trends. the things have taken a new shape. Muslim Law is facing new challenges. unconstitutional. . such unIslamic.