Basic Theme of Research

r
/«the name ofAllah, the most beneficent and
merciful

"As to those women on whose part

you fear disloyalty and ill-conduct,
(1) Admonish them,
(2) refuse to share their beds,
(3) beat them (moderately);but if they
return to obedience seek not against
them means of annoyance: For Allah is
Most High, Great.
(4) Ifyou fear a break between them,
appoint two arbiters, one from his
family and the other from hers: if they
wish for peace. Allah will cause their
reconciliation.

(Holy Quran verse: 4:34-35).

"Among all the permitted acts, divorce

is die most hateful to God"

(Hadis: Abu Dawood)

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INTRODUCTION

Islam favors marriage and discourages divorce. However, due

to lack of ethical values and modernization divorces are increasing. It has,

therefore, become a big 'socio- legal' universal problem to-day. Although the

ratio of divorces in Islamic countries is less in comparison to the European

Countries yet the recent survey shows that there is somewhat increase in the

ratio of divorces in Saudi Arabia and certain rich Islamic countries. There is

proportionate increase in the divorce rate in Indian Muslims too. Therefore,

the problem of divorces of Muslims in India, in general, and problem of

practice of 'triple divorce', in particular, is the topic of this research study. A

sincere effort is made to study this problem from all angles, to draw certain

conclusions and to give some solid suggestions for reformations.

AREA OF RESEARCH:

The area of research is a specific sodo-legal burning problem of

divorces in Muslims of India in general and a bad practice of 'triple divorces'

(i.e. three divorces at a time without leaving any scope for revocation and

conciliation) in particular. Therefore, a critical study is being made of the laws

connecting thereto of India and certain Muslim Countries.

The research study is restricted to the Family Laws of Indian

Muslims about the divorces, in general and law of 'triple divorce' in

particular as compare to certain Muslim Countries of the World and the

matters connecting thereto.

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HYPOTHESIS:

Hypothesis in the mind of researcher is as follows;

1. In this modern era, the ratio of divorces is increasing in all

communities including Muslims. Due to which, there is adverse
effect on the marriage institution. Particularly, women and minor
children are more victimized.
2. Particularly, some Muslims follow a bad practice of 'triple divorce',
which is against the spirit of Islam. It is considered as a hateful or
sinful act. It is a hasty action of husband breaking the marital ties
permanently without giving a chance of reconciliation. Therefore,
efforts may be taken to discourage the practice of 'triple divorce'.
3. Majority of Muslim scholars of the World have condemned the
practice of 'triple divorce'. Some Muslim Countries have tried to
control it by introducing statutory provisions.
4. Indian Apex court and High Courts have also expressed such view
in different latest judgments about triple divorce, viz., Jainuddin
Ahmed vs. Mrs. Anwara begum, (1981) GLR 358, Dagdu Chotu
Pathan vs. Rahimbi, 2002 All MR (cri.) 1230, Shamim Ara vs. State
of U.P. 2003 All MR (Cri.) 344 (SC), Dilshad Begum vs. Ahmadkhan
Pathan 2007 (3) Mh.L.J. 791 etc.
5. Therefore, a survey and critical study of global situation of the said
problem will certainly lead to. draw some conclusions and to find
out some solutions to discourage the practice of 'triple divorce'.
With this hypothesis in mind, the topic of research is selected.
6. In short, solution of the problem of practice of triple divorce may be
found out by reforming the present law of divorce of Muslims. The
law of divorce should be neither very rigid nor very flexible but
moderate.
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RESEARCH METHODOLOGY:

The doctrinal, traditional, and non-empirical method of legal

research is mainly adopted. The research is mainly based on analysis of

existing Muslim Personal Laws, prevailing practice in India and in certain

foreign Muslim countries, views of different scholars and verdicts of Apex

courts, e.g. land mark judgment of Gauhati High Court in Jainuddin Ahmed

vs. Mrs. Anwara begum, (1981) GLR 358, Bombay High Court in Dagdu

Chotu Pathan vs. Rahimbi, 2002 All MR (cri.) 1230, Shamim Ara vs. state of

U.P. 2003 All MR (Cri.) 344 (SC), Danial Latifi & another. Vs, Union of India,

(28.09.2001), Dilshad Begum v. Ahmadkhan Pathan 2007 (3) Mh.L.J. 791 and

Shabanu vs. Iqbal khan, (SC) 2009 etc. are specially studied. Established Tegal

propositions' are studied concerning to the topic of research. Reliance is made

on the facts & data stored in library and on internet etc.

Comparative study is made with the similar provisions of

divorce in different statutes of different personal laws of Hindu, Muslim,

Christen, and secular provisions.

Likewise, the laws and practice of divorce of certain Muslim

countries and of certain other non-Muslim countries of the world are referred

and data is collected on Internet websites.

Views of all concern including Muslim Personal law Board,

Mufti of renowned Muslim Universities, scholars, social workers are also

considered so as to understand the public opinion.

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AIM & OBJECTIVES:

The aim and object of this research study is to bring certain

reformations in the field of family laws of Muslims concerning to the divorce.

Particularly, it is intended that the bad practice of 'triple divorce' may be

discouraged and stopped. The Muslim Woman is to be protected from the

whimsical divorces. The divorced Muslim women may be granted more

humanly and kind treatment as advised in holy Quran. Necessary

reformations are intended in the divorce laws of Muslims to improve the

situation.

Brief description of the topic of research:

The topic of research is 'A Critical Study of Laws of Divorce of

Muslims of India and of Certain Muslim Countries with Special Reference to

Triple Divorce and Reformations Suggested'.

The design of research study is made as follows;

Chapter-1, deals with, Object of the thesis

Chapter-2, deals with, Pre-Islamic history
Chapter-3, deals with, Reformations brought by Islam
Chapter-4, deals with, Indian Constitution and Personal Laws
Chapter-5, deals with, Concept of divorce in Quran and Sunnat
Chapter-6, deals with, Modes of divorce
Chapter-7, deals with, Triple Divorce (Talaq-e-Biddat)
Chapter-8, deals with, Judicial Trend
Chapter-9, deals with, Laws of Certain Muslim Countries
Chapter-10, deals with, Conclusions
Chapter-11, deals with. Reformations Suggested.