The right or sunnah way to pronounce divorce.
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh.
(May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked
this question:
Hello
& Hi ;
How
are You ? I am sure You will be fine & fit. I am sure You will be busy too.
Sorry to distrub You, but now a days, I am so confuse, that I have no idea,
What to do, Let me tell You Sir, I am an Attorney At Law, by profession, So I
have to deal with various cases, Now the problem is, that now a days, a case of
Divorce came into my office, I am surprized to see, that Islamic Law of
Pakistan ( Yes, I am from Pakistan ) say some thing else, While customry Law is
some thing else about " Talaq ", Will You tell me, in details about
Divorce in the eyes of The Holy Quran & Sunna, I want to know all the
concern information about the Talaq ( Divorce ), For example, here in Pakistan
Islamic Law, 3 Divorce at a time mean, one Talaq, I read all the Pakistan
Islamic Law, but was unable to find, the " Kinds Of Talaq ", I mean,
in customry Law, I heard about Talaq E Ahsan & some other kinds, Are they have any role in the eyes of The bHoly
Quran & Sunna ? I am sure You will answer me, in details, It will be my
pleasure if You tell me, with Verse No or Surrah Name, Which You include in
Your answer,
May
God Bless You ( Aamin )
(There may be some grammatical and spelling
errors in the above statement. The forum does not change anything from
questions, comments and statements received from our readers for circulation in
confidentiality.)
Answer:
The right or sunnah
way to pronounce divorce
In the name of Allah, We praise Him, seek His
help and ask for His forgiveness. Whoever Allah guides none can misguide,
and whoever He allows to fall astray, none can guide them aright. We bear
witness that there is none worthy of worship but Allah Alone, and we bear
witness that Muhammad (saws) is His slave-servant and the seal of His
Messengers.
Your
Question: I want to know all the concern information about the Talaq (Divorce),
Although Islam absolutely encourages and guides the
believers to maintain their marriage, it also recognizes that it is possible
that sometimes a man and a woman who chose to commit to each other in the
sacred bond of marriage may not be compatible to each other….and if after all
avenues of reconciliation have been exhausted, Islam, as an absolutely last
resort, has permitted the married couple to separate through a divorce.
Sunan of Abu-Dawood Hadith 2173 Narrated by Abdullah ibn Umar
The Prophet (saws) said: ‘Of all the lawful
acts’ the most detestable to Allah is divorce.’
Sunan of Abu-Dawood Hadith 2172 Narrated by Muharib
The Prophet (saws) said: ‘Allah did not make
anything lawful more abominable to Him than divorce.’
If after all the avenues of reconciliation have been
absolutely exhausted and the couple still seek to separate from each other
through divorce, Islam guides and reminds the believers that just as the couple
who married united in peace, if Allah forbid, they wish to separate, they should
do so in peace.
Allah Says in the Holy
Quran Chapter 65 Surah Talaq verses 1-2:
1 O Prophet! When ye do divorce
women divorce them at their prescribed periods and count (accurately) their
prescribed periods: and fear Allah your Lord: and turn them not out of their
houses nor shall they (themselves) leave except in case they are guilty of some
open lewdness. Those are limits set by
Allah: and any who transgresses the limits of Allah does verily wrong his (own)
soul: thou knowest not if perchance Allah will bring about thereafter some new
situation.
2 Thus when they fulfil their term appointed either take them back on
equitable terms or part with them on equitable terms; and take for witness two
persons from among you endued with justice and establish the evidence (as)
before Allah. Such is the admonition
given to him who believes in Allah and the Last Day. And for those who fear
Allah He (ever) prepares a way out.
The correct
way to pronounce divorce in Islam, as taught in the Holy Quran, is that the husband, making sure that his
wife is not experiencing her menstruation, pronounces 1-divorce to his wife,
and they ‘stay-away’ from conjugating with each other for a time period of
three menses periods. If before the
three menses periods are over, the husband decides to revoke the divorce and
take his wife back, he is well within his rights to do so; and although one of
the three divorces will be deemed established in the marriage, the couple may
continue to live together as a married couple.
But if after the declaration of
a revocable (1st and 2nd) divorce, the three menses
period duration passes, and the couple do not come together, then the husband
and wife will be considered legally divorced and the woman may marry any man of
her choice thereafter. If they wish to
re-marry after this period, a brand new ‘nikaah’ needs to be done for them to
be husband and wife again; but the
husband has used up one of his three divorce rights, and has only two more divorce rights left in
this marriage. The divorce and
re-marriage can only be done twice; and the third time the husband pronounces
the divorce, then it will be considered a final divorce and the couple cannot
remarry; unless the woman marries someone else and that husband divorces her or
dies.
Allah Says in the Holy
Quran Chapter 2 Surah Baqarah verse 229 (part):
229 A divorce is only permissible twice: after that the parties should
either hold together on equitable terms or separate with kindness.
Thus, in Islam, one need not use
all the three divorce pronunciations to divorce one’s wife. Only one divorce pronunciation is enough to
obtain a legal and full divorce, and after the woman passes the ‘iddah’ or
waiting period of three menses periods she is free to marry anyone she wills,
and it also leaves the option for the couple to re-marry again, if they wish to
do so.
If the husband is the one who
initiates the divorce, then it is not permissible for him to take back anything
he has given his wife in the least. He
should fear Allah, remember His favors upon him, and just as he once married
and united with this woman with the spirit of peace and generosity, if for any
reason he wishes to separate from her, he should do so with justice, kindness,
peace, generosity and benevolence.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 229 :
229 A divorce is only permissible twice: after that the parties should
either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take
back any of your gifts (from your wives) except when both parties fear
that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would
be unable to keep the limits ordained by Allah there is no blame on either of
them if she give something for her freedom (if it is the wife who initiates the
divorce). These are the limits ordained by Allah; so do not transgress
them. If any do transgress the limits
ordained by Allah such persons are the wrong-doers.
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verse 229 (part):
231 When ye divorce women and they fulfil the term of their (`Iddat)
either take them back on equitable terms or set them free 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.
Do not treat Allah's Signs as a jest but solemnly rehearse Allah's
favors on you and the fact that He sent down to you the Book and Wisdom for
your instruction. And fear Allah and
know that Allah is well acquainted with all things.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verses 20-21:
20 But if ye decide to take one wife in place of another even if ye had
given the latter a whole treasure for dower take not the least bit of it
back: would ye take it by slander and a manifest wrong?
21 And how could ye take it when ye have gone in unto each other and
they have taken from you a solemn covenant?
When separating through divorce each party should fear
their Lord Who is watching over everyone and everything in His creation, and
during the entire divorce proceedings and thereafter, they should never ever
slander, or injure, or take undue advantage of the other; but rather just as
they once chose to unite in peace and mercy, if for any reason they wish to
separate they should do so in peace, mercy, kindness, benevolence, and above
all with honor, patience and generosity.
Allah Says in the Holy Quran Chapter 4 Surah
Nisaa verse 19:
19 O ye who believe! Ye are
forbidden to inherit women against their will.
Nor should ye treat them with harshness that ye may take away part
of the dower ye have given them except where they have been guilty of
open lewdness; on the contrary live with them on a footing of kindness and
equity. If ye take a dislike to them it
may be that ye dislike a thing and Allah brings about through it a great deal
of good.
Your
Statement: …here in
Allah Says in the Holy Quran Chapter 2 Surah
Baqarah verses 229-230:
229 A (revocable) divorce is only permissible twice: after that the parties should either hold together on equitable
terms or separate with kindness. It is
not lawful for you (men) to take back any of your gifts (from your wives)
except when both parties fear that they would be unable to keep the limits
ordained by Allah. If ye (judges) do
indeed fear that they would be unable to keep the limits ordained by Allah
there is no blame on either of them if she give something for her freedom. These
are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by
Allah such persons wrong (themselves as well as others).
230 So if a husband divorces his wife (irrevocably for the third time)
he cannot after that remarry her until after she has married another husband
and he has divorced her.
In that case there is no blame on either of them if they reunite
provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which
He makes plain to those who understand.
Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah
The Prophet (saws) said: ‘There are three
things which, whether undertaken seriously or in jest, are treated as serious:
Marriage, divorce and taking back a wife (after a divorce which is not final).’
Al-Tirmidhi Hadith 3292 Narrated by Mahmud ibn Labid
When Allah's Messenger (saws) was informed
about a man who had divorced his wife, declaring it three times without
any interval between them, he (saws) arose in anger and said, "Is
a mockery being made of the Book of Allah Who is Great and Glorious, while I am
amongst you?" As a result a
companion got up and asked, "O Messenger of Allah (saws) shall I kill
him?"
The absolute majority of the scholars are of the opinion
that if one pronounces three divorces to one’s wife at one time, they will
count as three and an irrevocable divorce will be established. That was the ruling of even the noble
companions of the Messenger of Allah (saws) of the stature of Hadrat Abdullah
ibn Abbas (r.a.) and of Hadrat Abu Hurayrah (r.a.), etc.
Al-Muwatta Hadith 29.37
Yahya related from Malik from Ibn Shihab from
Muhammad ibn Abd ar-Rahman ibn Thawban that Muhammad ibn Iyas ibn al-Bukayr
said, "A man divorced his wife three times before he had consummated the
marriage, and then it seemed good to him to marry her. Therefore, he wanted an
opinion, and I went with him to ask Abdullah ibn Abbas and Abu Hurayra on his
behalf about it, and they said, 'We do not think that he should marry her
until she has married another husband.'
Whatever written of Truth and benefit is only
due to Allah’s Assistance and Guidance, and whatever of error is of me
alone. Allah Alone Knows Best and He is
the Only Source of Strength.
Your brother and
well wisher in Islam,
Burhan
