In the Name of Allah, the Merciful, the Gracious

As-Salaamu Alaikum wa Rahmatullaahi wa Barakaatuhu

ISLAMIC

RESEARCH AND INFORMATION CENTRE

The Concept of Divorce

The Concept of Divorce in Islam has been one of the most controversial and misinterpreted Issues of Islam. So, in this article, the concept of divorce is elaborated in the light of the Holy Quraan and Prophet Muhammed’s traditions.

If a woman finds that her husband does not discharge his duties and responsibilities properly, or her husband tortures her physically or mentally, or her husband is impotent, or she is fed up with her husband’s irresponsible behaviour, then, Islam suggests patch up methods. If they failed, it gives the woman the following two options:

1)      She may continue the relationship with her husband neglecting everything.

Or

2)      She may take divorce (khula‘) i.e. she may leave him and marry someone else.

Similarly, if a man finds that his wife does not discharge her duties and responsibilities properly, or his wife tortures him physically or mentally, or his wife is unable to satiate him sexually, or he is fed up with his wife’s irresponsible behaviour, then, Islam suggests patch up methods. If they failed, it gives him the same two options:

1)      He may continue the relationship with his wife neglecting everything.

Or

2)      He may divorce (talaaq) her, i.e. he may leave her and marry someone else.

When life of a couple becomes impossible and abnormal with each other because of insincerity, injustice, irresponsibility, impotency, misbehaviour, misconduct, bad characters, or physical or mental torture of a spouse, in such a situation, Islam asks the person who is suffering from his/her spouse, to settle the disputes and solve the problems by behaving positively and patiently with his/her spouse and talking to him/her directly with patience and in positive, convincing and constructive manner. If this fails, the person who is suffering from his/her spouse must commission two arbitrators - one from his/her own side and the other from the side of his/her spouse - so that they may settle the disputes and solve the problems. If this attempt also fails, then Islam gives the right of divorce to the person, i.e. the right of talaaq to man and the right of khula’ to woman, so as to make both of them free from abnormal and torturous life. Thus Islam gives both man and woman an opportunity to lead a peaceful life.

Dr. Hammudah Abdalati says: “Any system dealing with human nature has to be realistic, practical and moderate, making allowances for all circumstances with preparedness to cope with all conditions. Else, it would loose its importance in practical life. Islam takes a realistic outlook on life and makes allowances for all unexpected events.” (Islam in focus Pg. 183)

Marriage has some Commitments (as mentioned in the concept of marriage), which must be fulfilled. Then only the marital life can be happy, peaceful and successful, otherwise the same becomes nuance, devastating and dead.

Since Islam is full aware of the bad consequences and effects of divorce on the couples and their families, so it shows all humanly possible ways to retain the marital bond and to make it functional and effective. Therefore, Islam suggests pre-divorce patch up attempts. If they failed, it presents a unique divorce system, which gives time to the couple to reconsider their relation and to reform their conditions.

The Islamic System of Divorce

It has been clearly ordained in the Holy Quraan that whenever a talaaq is given it must be given for an ‘Iddat (prescribed time). Allah says:

1) “O Prophet! When you divorce women, divorce them for their ‘Iddat (prescribed time), and count their ‘Iddat. And fear Allah your Lord, and turn them not out of their homes, nor shall they leave, except in case they are guilty of some open lewdness. Those are the limits set by Allah. And whosoever transgresses the limits of Allah, then, indeed he has wronged himself. You know not, it may be that Allah will afterward bring some new thing to pass.”(65: 1)

2) “Let the women live (in ‘Iddat) in the same style as you live, according to your means: annoy them not, so as to restrict them.” (65: 6)

During the ‘Iddat which begins with a talaaq no other talaaq can be effective and functional because every talaaq requires a separate period.

How much time has Allah prescribed as ‘Iddat for divorce?

Allah says:

1)       “Divorced women shall wait concerning themselves for three monthly periods.” (2: 228)

2)       “Such of your women as have passed the age of monthly courses, for them prescribed period, if you have any doubts, is three months, and those who have no courses (it is the same): for those who are pregnant, their period is until they deliver their burdens: and for those who fear Allah, He will make things easy for them.” (65: 4)

The Holy Quraan has not only commanded that the talaaq should be given with a consideration of ‘Iddat, but also given man the right to revert to his wife within the period of ‘Iddat. The Holy Quraan says:

1)      “And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable.” (2: 228)

2)      “When you have divorced women, and they (are about to) fulfill the term of their ‘Iddat, either take them back on equitable terms or part with them on equitable terms: but do not take them back to injure them, (or) to take undue advantage; if anyone does that, he wrongs his own soul.” (2: 231)

3)      “Then when they are about to fulfill their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two just people from among you, and establish the evidence for the sake of Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for these who fear, he prepares a way out.” (65: 2)

Shams Peerzada says: “The ahsan (right) way of divorcing as per the Guidance of the Holy Quraan and the Sunnah (Ahaadees), is that man should suffice with giving only one talaaq during the period of cleanliness (non-menstrual) wherein he must not have copulated (sexual intercourse) with his wife. This talaaq will remain raja‘ee (revocable or revertible) during the ‘Iddat. And it will become baain after passing the ‘Iddat. But if the man and the woman so desire, they may remarry (through a repeated Nikaah).” (Triple talaaq in the light of the Quraan and the Sunnah  Pg. 9).

How many times revertible talaaqs are allowed?

Allah says: “The divorce is permissible only twice; after that, the parties should either hold together on equitable terms, or separate with kindness.” (2: 229)

This is the Islamic system of divorce, which suggests pre-divorce patch up attempts and gives a prescribed time to reconsider their relation and to reform their conditions. If they failed, they can easily get a divorce. Thereafter they both are free to live their lives.

The pronouncing of triple talaaq in one sitting, which has been in the practice of most of Muslims, is not in Islam.  We do not find anywhere in the Holy Quraan and in the Traditions (Ahaadees) of Allah’s Messenger that Allah or His Messenger has ever approved triple talaaq in one sitting. On contrary, we find disapproval of Allah’s Messenger on it as it goes against the Islamic system of divorce. But, still, this act i.e. the triple talaaq in one sitting has been in the practice of most of Muslims.

The Muslims who practise triple talaaq in one sitting give the following Hadees as evidence for their act. Ibn Abbaas says: “During the lifetime of the Holy Prophet and during the caliphate of Abu Bakr and also during the initial two years of Umar’s caliphate, triple talaaq were considered as one. But Umar said: ‘People have begun to make haste in a matter in which they were given an opportunity to think. So why should we not make it applicable.’ So he applied it on them.” (Saheeh Muslim: Kitaabut Talaaq)

This Hadees itself manifests clearly that triple talaaq in one sitting is not in Islam. What Umar did was purely a political expediency. Even Umar did not say, “Triple talaaq in one sitting is in Islam,” or, “Allah and his Messenger recognized triple talaaq.”

Here, I should remind you that what Muslims think, what Muslims invent and what Muslims practise is not Islam, what Allah said and what His Messenger said and practised is Islam. People must know that Islam is the Guidance sent by Allah through His Messenger: It is not a product of human fancies and desires.

The triple talaaq in one sitting is not in Islam. Anyone who insists must show its presence either in the Quraan or in the sayings and deeds of Allah’s Messenger. In fact, triple talaaq in one sitting is revertible in Islam.

I again remind here that Islam is not a collection of fancies of Muslim leaders or Muslim scholars or common Muslims. Islam is the Religion of Allah. So, none has the right to change any thing in Islam. Even Muhammed had no right to make changes in Islam. Allah says:

“When Our clear Signs are rehearsed unto them (the disbelievers), those who rest not their hope on their meeting with Us, say: ‘Bring us a Quraan other than this, or change this,’ (O Muhammed!) Say: ‘It is not for me, of my own accord, to change it (the Holy Quraan): I follow naught but what is revealed unto me: If I were to disobey my Lord, I should fear the chastisement of a great Day (to me)’” (10: 15)

In the matter of talaaq, when Allah has prescribed ‘Iddat; and when Allah has given man the right to revert to his wife within the term of ‘Iddat, how can anyone say that the wife becomes haraam (unlawful) to her husband immediately after pronouncing the word “Talaaq” thrice in one sitting? Even Umar did not say so.

Note: - some people, after divorce, make their ex-wives practise halaalah (a kind of adultery) to get them back into their wedlock. Halaalah is illegal and unlawful in Islam. The one who commits it will be punished severely as a fornicator. Allah says:

“Except these (mentioned before) All others (women) are lawful (for marriage) provided you seek (them in marriage) with gifts from your property, - desiring chastity, not fornication.” (4: 24)

This Verse of the Holy Quraan prohibits all types of temporary marriages including Muta‘a. Allah says:

“These are the limits ordained by Allah, so do not transgress them. If any do transgress the limits ordained by Allah, such people are wrong doers.”  (2:228-230)

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