Abstract

Annulment or termination of marriages is not a new thing in a socio-legal framework and is common in people of all civilized societies, irrespective of religion, race, caste, and sex. Although dissolution of marriages is not an uncommon thing in our current society, the important point to note here is that any form of dissolution of marriage must be genuine, rational, and, most importantly, follow the religious norms of the particular religion to which it belongs. One such form of dissolution of marriage in Islamic law is Talaq-ul-Sunnat, which is considered to be the most approved and ideal form to lawfully dissolve an Islamic marriage following the Islamic principles and dictates of the Prophet. This legal article provides an informative insight into the mode of Talaq-ul-Sunnat as a form of talaq, emphasizing its significance in Islamic law and its role in providing an easy and amicable solution to dissolve an Islamic marriage. This article tries to highlight key aspects of this mode of talaq, such as its meaning, origin, merits and demerits, and its impacts in various judicial interpretations.

Keywords: Annulment, Socio-legal, Talaq-ul-Sunnat. Islamic Marriage.

Introduction:

The word " Talaq " connotes liberty or freedom. In Muslim Law, it connotes a release from the tie of marriage at once or in the ultimate, afterwards it is considered as the mere capricious act of a Muslim husband who can repudiate his wife with or without any reasonable cause. It is not necessary that he should obtain the antecedent consent of his wife for annulling the marriage. Talaq-ul-Sunnat is talaq which is sanctioned by the Sunnat or tradition or customary talaq. It is the authorized manner of annulment of marriage as per the orders of the Prophet. It is subdivided into two categories:

a) Talaq Ahsan: It is the most authorized manner of annulment of marriage. It comprises a single pronouncement of the word "talaq" during the duration of tuhr. Tuhr is the state when women are considered to be clean of their menstrual cycles. The declaration in the state of tuhr is followed by celibacy in iddat. A declaration made in this kind of talaq is retractable until the completion of the period of iddat. But once the period of iddat lapses, it becomes non-retractable.

b) Talaq Hasan: It is a less sanctioned mode of dissolution of a Muslim marriage. Even though talaq by the husband has to make three successive pronouncements, whereas three successive tuhrs or states of purity of the wife. There should be pronouncements made while keeping oneself away from sexual intercourse in each tuhr. In the third pronouncement, talaq is finalized, and termination of marriage occurs in an irrevocable manner.

Background

Husbands during pre-Islamic times enjoyed complete control over divorce, and wives were possessions of husbands. The husband was at liberty to utter the divorce anytime, without or with a cause. Islam introduced far-reaching changes to remove the social evils and moral failures resulting from the unregulated power of divorce. The Prophet Muhammad condemned such practices and put regulations in  place to protect the rights of women.  After Islam, divorce was made a practice to end marriage, but the absolute power of divorce was regulated. The Prophet Muhammad placed importance on moderation and denounced arbitrary divorces. He instituted different forms of divorce, such as "talaq-ul-sunnat" (divorce based on the Prophet's tradition) and "talaq-ul-biddat" (triple divorce), to regulate the practice of divorce.

Significance:

Talaq-ul-Sunnat is highly significant in Islamic jurisprudence as the most preferred and sought-after way of divorce since it follows the Prophet Muhammad's ways and gives due importance to justice, fairness, and reconciliation between the couple.

• Revocability: Talaq-ul-Sunnat is revocable within the waiting (iddat) period, and thus the husband can change his mind and retract the divorce, hence preventing reckless or spontaneous separations.

• Facilitates Reconciliation: Talaq-ul-Sunnat provides an official opportunity for the couple to reconcile and maintain the marriage during iddat, a sign of empathy and care for the welfare of both husbands and wives.

• Procedural Protection: Talaq-ul-Sunnat follows specified procedures, such as pronouncing divorce during the period of purity and compliance with waiting periods, to ensure fairness and protect the rights of both husbands and wives.

• According to Prophetic Tradition: It is according to the Sunna (usage) of the Prophet Muhammad, and therefore the most authoritative and accepted form of talaq under Islamic law.

Aims and Objectives:

The aims and objectives of talaq-ul-sunnat can be listed as below:

1. It provides an opportunity for both the parties to reconsider their decision.

2. It provides for an irrevocable form of talaq till the completion of the iddat period, which means that the talaq can be revoked or withdrawn by the husband at any time.

3. It is a form of talaq sanctioned by the prophet, enabling a suitable mode for easier and simple annulment of marriage.

Merits and Demerits:

The merits of the talaq-ul-sunnat are listed as below:

• Revocability and Reconciliation: Talaq-ul-Sunnat is a revocable form of divorce, and the husband can retract the talaq during the waiting period (iddat), encouraging reconciliation of the spouses and preventing hasty decisions.

• Compliance with Islamic Principles: It conforms to the Sunnah of Prophet Muhammad, maintaining justice, fairness, and leniency, thereby correlating with Islamic principles governing marriage and divorce.

• Systematic Process: It requires the talaq to be spoken within the purity time of the wife (tuhr) and limits the speaking to once or thrice with intervals, making the process thoughtful and deliberate.

• Protecting Women's Rights: The iddat time allows room for reconsideration of the wife and resolution of misunderstandings between the couple, protecting the wife's rights and interests.

• Widely Accepted: Sunni and Shia Muslims both embrace Talaq-ul-Sunnat as a valid and accepted means of divorce, hence a widely accepted process among Muslims.

The demerits of talaq-ul-sunnat can be listed as follows:

• Risk of Misuse: Although revocable, talaq is prone to misuse by the husband or cause emotional trauma for the wife during the waiting period.

• Delay in Finality: The iddat waiting period can add uncertainty for both partners, which may lead to emotional and social tension.

• Gender Inequality: Talaq-ul-Sunnat allows only the husband to bring about divorce, a patriarchal tendency and denies women's independence in ending a marriage.

• Complexity in Practice: Procedural requirements, i.e., timing during tuhr and observance of iddat, can be difficult to follow strictly, so there can be disputes or ineffective talaq statements.

• Legal Issues: In some jurisdictions, talaq declarations even as per Sunnat can be prohibited or punishable by law, thereby making its enforcement and imposition problematic.

Landmark Cases:

The landmark cases highlighting the mode of talaq-ul-sunnat as a form of dissolution of marriage can be listed as follows:

• Shamim Ara v. State of U.P. (2002) 7 SCC 518: The Supreme Court explained that for the pronouncement of talaq to be valid under Muslim law, it should be for a reasonable reason and after attempts at reconciliation between the husband and wife, as ordained in the Quran. The Court dismissed the husband's argument of divorce by simply asserting he had uttered talaq, holding that the correct procedure (as in Talaq-ul-Sunnat) has to be adhered to.

• Sajid Muhammedkutty v. State of Kerala 2024 KER 56255: The Kerala High Court differentiated between Talaq-ul-Biddat (instant triple talaq, which is now illegal) and Talaq-ul-Sunnat. The petitioner contended that the divorce was not instantaneous but was uttered on three distinct dates, hence adopting the Sunnat process, which is not prohibited by existing law. The court viewed this difference and gave weight to the procedural compliance of Talaq-ul-Sunnat.

• Reshma v. Union of India (2021) W.P. (C) 10377/2021: The Delhi High Court heard a plea to challenge Talaq-ul-Sunnat as discriminatory. The Court ruled that the Parliament had already acted in the matter with the Muslim Women (Protection of Rights on Marriage) Act, 2019, and that Talaq-ul-Sunnat, when done procedurally, was not struck down.

Conclusion:

The Quran prefers reconciliation and treats divorce as an acceptable but undesirable remedy. The husband's legal divorce is known as talaq, which is also release from wedlock. The husband can also initiate a reversible divorce known as Talaq-ul-Sunnat. According to the Sunnah of Prophet Mohammed, the Talaaq-ul-Sunnat is said to be in alignment with what he was teaching. It provides a time limit when the judgment can be reversed, hence being a more cautious and thoughtful process. There exist two forms of Talaaq-ul-Sunnat: Talaq Ahsan and Talaq Hasan. The latter is said to be the most acceptable because it permits revocation within the iddat period. Through other recent cases, we establish that people think it is unconstitutional and barbaric, but these are unsubstantiated arguments, and all have been dismissed.

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