Issues Related To Divorce In Islam (Talaq)

Divorce is a very important and sensitive issue. It breaks the made relationship so it is important to learn about it. Unfortunately, this matter is never handled with care and most people do not know anything about divorce except that the utterance of this word thrice ends the wedlock. In this Post I will explain the divorce In Islam with help of Quran and Hadith.

Most of the times, divorce happens because of anger and mostly such divorce is not considered divorce at all. Then, sometimes people jokingly tell their wives that they divorced them and so the divorce happens but due to the lack of knowledge, people do not know this. Similarly, divorce pronounced in any other situation may also take place even if the person did not intend it.

The matter of three divorces at once has different explanations in different schools of thought. In hanafi fiqh, three divorces at once is considered a done divorce which ends the wedlock but in the salaf/ahl-e hadith fiqh, the matter of three talaq is not the same. According to the scholars of this fiqh, three talaq pronounced at one time only mean one talaq not three.  Three talaq at once became effective in the time of khilafah of Umar farooq r.a. it is mentioned in the following hadith of sahih muslim that;
Abdullah ibn Abbas (RA) said: “Three divorces were considered to be one in the time of the Prophet (SAW), Abu Bakr (RA) and in the first two years of Umar’s (RA) reign. Thereafter, Umar (RA) declared it to be three divorces.” (Sahih Muslim)
The explanation for three divorces in one time taken as three is given that in the time of Umar rafrooq r.a, people became morally corrupt or the moral corruption started in the muslim ummah so the divorce thrice at a time was considered thrice so that people would not make or break relationships on their own whims and wishes. Allahualam. But since sunnah is the way of prophet Muhammad pbuh, so we should give importance to what was the rule in his (pbuh) time.

Sometimes, divorce is considered null if wife is in her periods. This is also wrong because the following hadith says that even if the wife is in her periods, if she is divorced, her divorce will be valid;

Bukhari, Volume 7, Book 63, Number 180:
Narrated Ibn 'Umar:
(Divorcing my wife during her menses) was counted as one legal divorce.
Sometimes, the satanic thoughts disturb and disrupt life. many a cases has been heard where a husband divorced his wife because of these evil thoughts or when he divorced his wife in his own mind ( not uttering the words loudly), he thought it done. This is not the case and divorce does not happen in this way. The following hadith makes it clear.
Bukhari, Volume 7, Book 63, Number 194:
Narrated Abu Huraira:
The Prophet said, "Allah has forgiven my followers the evil thoughts that occur to their minds, as long as such thoughts are not put into action or uttered." And Qatada said, "If someone divorces his wife just in his mind, such an unuttered divorce has no effect.
Then, another important issue is the case when husband suspects his wife of adultery. Most of the time, husbands choose to hurt their wives instead of leaving them. If a husband suspects his wife’s ways, he can simply divorce her instead of killing her. The matter then, rests in Allah’s hands. This is proven from the following hdaith.

Volume 7, Book 63, Number 226:
Narrated 'Abdullah:
An Ansari man accused his wife (of committing illegal sexual intercourse). The Prophet made both of them takes the oath of Lian, and separated them from each other (by divorce).
Sometimes, a wife may not like to live with her husband due to his ill manner or due to the fear of harm or threats from him. In such a case women can ask for divorce. But if a woman asks for divorce even when her marriage is not a hardship for her, then this is a major sin she commits. This is proven from the following hadith:
“Any woman who asks her husband for a divorce when there is nothing wrong, the fragrance of Paradise will be forbidden to her.” Narrated by al-Tirmidhi and classed as saheeh by al-Albaani in Saheeh al-Tirmidhi.
Thus, living with a husband and suffering hardships from his hand, like hatred then wife can ask for divorce otherwise she must be thankful and not act in such way. The divorce via email, mobile phone, or text message is also valid if it is proven that the husband actually did that. Similarly, if the husband divorces his wife in presence of someone else, even then the divorce is valid. But if no one hears him then his matter rests with Allah swt.

Another important matter is regarding after divorce process. A man cannot keep his wife after three divorces i.e. after he uttered the word thrice. He can still have her if she marries someone else and consummates that marriage. After one divorce husband can take her wife back. After second divorce, the matter becomes somewhat serious. He can retain his wife if only she wishes to live with the husband with a contract. After three divorces, talaq becomes effective and wedlock breaks.

If husband and wife re-marry then again, this matter should not be taken as a joke. Even re-marrying option ends at third time. Allah swt says in glorious Quran;
2:230  If he divorces her (for the third time), then she shall be unlawful for him thereafter, unless she weds another man and he (too) divorces her. (In that case), there is no sin upon the two if they come together (in wedlock), provided they think that they can observe (and stay within) the bounds of Allah. These are the bounds of Allah, and He expounds them for the nation that understands.
So, divorce is a serious matter. It has a lot of legal obligations. One cannot simply divorce and re-live together out of personal whims and wishes. hopefully my post on divorce In Islam cleared everything In your mind.
Next Post »