Prophet Muhammad (Pbuh) has said that amongst all the legitimate provisions,
the provision of divorce is the one most detested by Allah
By G. M.Shaikh
Considering the various types of people, with different natures and temperaments, the provision of divorce in the social system appears to be most reasonable and imminent. The provision of divorce in the system of marriage should not be construed as a blot on the system. Rather, it is a boon, provided, the provision is invoked sparingly, rightly and judiciously in extreme circumstances. Prophet Muhammad (Pbuh) has said that amongst all the legitimate provisions, the provision of divorce is the one most detested by Allah.
Divorce can broadly be classified as “Talake, Ahsan” . Talake Hasan and “Talake-Bidat or Talake Bada”.
Talake Ahsan, consists of a single pronouncement of divorce made during “Tuhr” (period between menstruation) followed by abstinence from sexual intercourse for a period of “Iddat.” In such a case of single pronouncement, the man has the option, before the expiry of the period of “Iddat” to restore the marital statues either, by oral pronouncement or by resuming conjugal relations. Such a divorce is called the “Talake Raza.” In case, after a single pronouncement and the expiry of the period of “Iddat”, when the divorce becomes operative, the man can re-marry the divorcee, provided, she agrees to the proposal. Such a divorce is called “Talake Bain”. However, the husband during his life-time, is left with two more divorces after which the divorce becomes irrevocable .
Talake Hasan consists of three pronouncements made during successive “Tuhrs” with no intercourse taking place during any of the three “Tuhrs.” In such a case, the man has no option to re-marry her, inspite of his repentance and the divorcee agreeing to take him as her husband, unless the divorcee marries another person and the second husband either dies or divorces her of his own-free will and not under coercion or mutual agreement to divorce. This procedure is called “Halala”.
Talake Bidai or Talakul Bidat consists of :-
a.Three pronouncements made during a single “Tuhr” either in one sentence e.g. “I divorce thee” thrice or in separate sentences eg- ‘I divorce thee I divorce thee, I divorce thee.’
b. A single pronouncement made during ‘ Tuhr’ clearly indicating an intention irrevocably to dissolve the marriage-eg- ‘ I divorce thee irrevocably’.
Divorce may be pronounced twice and then a woman must be retained in honour or allowed to go with kindness …. (S. Al-Baqara. 2-229).
- It a man divorces his wife, he cannot re-marry her until she has wedded another man and been divorced by him, in which case it shall be no offence for either of them to return to the other, if they think that they can keep within the limits set by Allah. (S. Al-Baqara-2-230).
- When you have divorced your wives and they have reached the end of their waiting period, either retain them in honour or let them go with kindness. But you shall not retain them in order to harm them or to wrong them. Whoever does this, wrongs his own soul. Do not make fun of Allah’s revelations Remember the favour he has bestowed upon you and the book and the wisdom which he has revealed for your instructions. Fear Allah revealed for your instructions. Fear Allah and know that he has knowledge of all things. (S. Al-Baqara – 2-231).
- It a man has divorced his wife and she has reached the end of her waiting period, do not prevent her from re-marrying her husband, if they have come to an honourable agreement. This is enjoined on every one of you, who believes in Allah and the last day; it is more honourable for you and more chaste. Allah knows, but you do not. (S.Al. Baqara-2-232).
- O Prophet When you divorce women, divorce them at their “Iddah (prescribed period), and count (accurately)their ‘Iddah (period)/ and fear Allah your Lord (O Muslims), and turn them not out of their (husband’s) homes nor shall they (themselves) leave except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allah. And whosoever transgresses the set limits. Allah then indeed he has wronged himself. You (the one who divorces his wife) know not, it may be that Allah will afterward bring some new thing to pass (i.e. to return her back to you if that was the first or second divorce.
- Then when they are about to fulfill their term appointed, either take them back in good manner or part with them in good manner. And take for witness two just persons from among you (Muslims). And establish the witness for Allah. That will be an admonition given to him who believes in Allah (and the last day. And whosoever fears Allah and keeps his duty to Him, he will make a way for him to get out (from every difficulty).
- And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allah, then He will suffice him. Verily, Allah will accomplish his purpose, indeed Allah has set a measure for all things.
- And those of your women as have passed the age of monthly courses, for them the Iddah (prescribed period), if you have doubts (about their periods), is three months, and for those who have no courses (i.e. they are still immature) their iddah (prescribed period) is three months likewise, exception case of death). And for those who are pregnant (whether they are divorced or their husbands are dead), their iddah (prescribed period) is until they deliver (their burdens), and whosoever fear Allah and keeps his duty to Him, He will make his matter easy for him.
- That is the command of Allah, which He has sent down to you, and whosever, fears Allah and keeps his duty to Him, He will remit his sins from him, and enlarge his reward.
- Lodge them (the divorced women) where you dwell, according to your means, and do not treat them in such a harmful way that they be obliged to leave. And if they are pregnant, them spend on them till they deliver. Then if they give suck to the children for you, give them their due payment, and let each of you accept the advice of the other in just way. But if you make difficulties for one another, then some other woman may give suck for him (the father of the child)
- Let the rich man spend according to his means, and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what he has given him. Allah will grant after hardship ease.
- And many a town (population) revolted against the Command of its Lord and His Messengers and We called it to a severe account (i.e. torment in this worldly life), and shall punish it with a horrible torment (in Hell, in the hereafter).
- So it tasted the evil result of its disbelief, and the consequence of its disbelief was loss (destruction in this life and an eternal punishment in the hereafter)
- Allah has prepared for them a severe torment. So fear Allah and keep your duty to Him, O men of understanding – who have beloved! - Allah has indeed sent down to you a reminder (this Quran).
- (And has also sent to you) a Messenger (Muhammad), who recites to you the Verses of Allah (the Quran) containing clear explanations, that He may take out, those who believe and do righteous good deeds from the darkness (of polytheism and disbelief) to the light (of Monotheism and true Faith). And whosoever believes in Allah and performs righteous good deeds, He will admit him into Gardens under which rivers flow (Paradise), to dwell therein forever. Allah has indeed granted for him an excellent provision.
- It is Allah Who has created seven heavens and of the earth the like thereof (i.e. seven). His Command descends between them (heavens and earth), that you may know that Allah has power over all things, and that Allah surrounds (comprehends) all things in (His) knowledge.