Talaq (Divorce) General Rules

Talaq (Divorce) General Rules

A Talaq (Arabic: الطلاق‎) is the Islamic term for divorce and is used to end a marriage.

If you were looking for information on Marriage [See: Nikah (Marriage) General Rules]

The rules for Talaq vary among the major Islamic schools of “thought” and are not in line with True Islamic jurisprudence of the Holy Quran. Mostly sects have different rules for performing a Talaq. For some the practice requires no witnesses, and allows a husband to end a relationship by saying an instant double or triple Talaq and scholars of True Islamic jurisprudence as per the Holy Quran clearly view the double or triple Talaq as a jahiliyya (“pagan custom”), forbidden by the beloved Prophet Muhammad Sallallahu Alahi Wa’salaam. In some countries sects have debated whether a double or triple Talaq can be performed with the help of modern technology such as by text message (SMS, email, and all other electronic means). Al-Faarooq founder of the Organization (United Muslim Nations International) and it’s governing body also known as the (Ulama-e-Haqq) has given a stern Fatwa on both these issues and dubbed both as Invalid and (Haraam/ Forbidden) and challenges the International Ulama (mainly the sects) who called it Halaal (Allowed). Nowhere in the Holy Quran does it permit instant Talaq. Talaq given verbally or hand written whilst in any of the following states or situations will be Invalid (Insomnia “state of Insanity”, Under Heavy Medications, Forced e.g. (Only when your life is at risk e.g. a gun is held to your head, but not when the woman constantly asks for it in an argument because that is intimidation) Ikhlas (sincere intention) one has to be at a conscious state of mind when issuing a Talaq for it to be valid” Please note that this is a general Fatwa, Individually each Talaq case deferrers from persons to persons and each case is to be investigated. That which may be valid for one couple may be invalid for another, The UMN simply holds this as a case of qiyas ma’ al-faariq (false or incongruent analogy) and therefore not correct.”

Notes: SMS Talaq is invalid because it falls under ghair mustabinah because the writing has no permanency and is therefore not valid, The verification process is not possible or is very difficult to determine (an SMS as such could have been sent unintentional or during the state of insanity etc…) The UMN finds the legal principle, sadd al-dhari’a (blocking the means) as applicable here. This principle prevents/blocks the possibility of abuse by prohibiting anything that is perceived to lead to abuse. Talaq by SMS widely opens the door precisely for that kind of abuse. Another legal principle is that of al-Masalih al-Mursala (General Welfare). The UMN finds no grounds for justifying SMS divorce on this basis either. For the application of General Welfare to be valid the following requisites are fundamental: General Welfare must be in congruence with the kind of enactments of the law. It must not clash with clear, explicit text. It must be of absolute necessity. What could also be a requisite (though not always so) is that the Welfare mustbe universal (kulliyun) and certain (qat’iyun), in other words, achievable.8 Divorce bySMS does not fulfil the requirements of General Welfare. In fact it goes against the very spirit of the concept. It also violates two of the five elements necessary for human existence, namely protection of the intellect (‘aql) and dignity (‘ird), i.e. it violates both the husband and wife’s dignity and their intellect. Divorce is not similar to a commercial transaction, as it directly involves two human beings and not commodities. Any legal process must succumb to this fundamental reality which is the aim of General Welfare. Al-Faarooq: “When a valid Talaq is given Ulama are required to Impose it on the couple and should not waver keep your duty unto Allah, likewise with a second Talaq if the husband clearly initiated it and by him giving a third valid Talaq the couple are Haraam (forbidden) to be together and the rules of Hijab should be imposed upon them, make sure you thoroughly investigate each case of divorce,  for men and women who are looking for loopholes in the Shariah take heed that there are none, if you are divorced you are divorced keep your duty unto Allah.”

To look at the conditions of Talaq one has to look at the word itself, it’s meaning and what it represents. Talaq/ Dismissal (Divorce) to let go, a statement meaning (please leave) with the intention to separate and keep away from marital relations, Talaq is therefore required to be initiated verbally or handwritten on paper with clarity.

The Most outstanding of rules with regards to this topic is the following from Al-Quran.

2:231 “Make not the revelations of Allah a laughing stock (by your behaviour).”

So how can people even consider such pathetic things (SMS, Email, etc… and Triple Talaq) as valid? Are they (the so called Ulama “sects”) willing enough to receive the sin of Zinah in their accounts due to their Baatil (Fabricated) and blind Fatwas regarding the matter?

In Islaam Ikhlas (Sincere Intention) is one of the main points of our faith (Deen), without a sincere intention how can you validate anything, most of these people do not even consider to look at the condition or situation before they make these blind Fatwa’s.

Talaq is a very serious matter so do not utter Talaq without a real intention or valid reason to separate.

In the true Islamic schools of jurispurdence it is possible for a woman to petition a qadi (“judge of Muslim jurisprudence”) for a divorce under certain conditions. In some circumstances, qadis may allow a woman a divorce based on facts e.g. (the husband is abusive, gives no support, does not see to her rights as his wife. More info see: Rights of Husband and Wife Over Each Other) and for some practices it requires two witnesses followed by the Iddah period where the couple are supposed to try to reconcile with the help of mediators from each family. If the couple breaks the Idda, the Talaq is voided.

Talaq in most cases is a procedure stemming from a conflict or disagreement rather than a decision; therefore qadis should not use the procedure to end a Nikah (marriage). They should rather annul the nikah at the end of the period, without any Talaq procedure being involved, since there is not necessarily a conflict to resolve and after the Idda is over, the couple is divorced and the husband is no longer responsible for the wife’s expenses. Talaq is on the rise due to misunderstanding and misinterpretation of the rules concerning Talaq.

Implication

Divorce is allowed in Islam, but is Makroo (Disliked) it should not to be sought readily. Therefore Ulama should practice caution when dealing with Talaq cases. As Muslims we believe and know that divorces can cause deep emotional scars in the couple, and also reduce the possibility that any children will have an optimal upbringing. It also causes stress for couples’ relatives and hence weakens the fabric of Muslim society. In some traditions, it is said that “divorce without a valid reason shakes the throne of Allah”.

Rules

Rules to engage a Talaq. The Talaq has three steps: 

• Clear Verified Initiation
• Compulsory attempt of Reconciliation
• Completion (End)

Initiation

This is the stage where the Talaq (intended separation) process is initiated.

According to Shariah it consists of:

• The husband saying Talaq Once in the presence of his wife and then makes a public announcement that they are starting the divorce process.

The Double or Triple Talaq in one sitting doesn’t find any place in Quran and is rightly termed as Unislamic, forbidden (Haraam/ Non-Kosher).

• Sura 65.1 (partial)

1. O Prophet! When ye (men) put away women, put them away for their (legal) period and reckon the period, and keep your duty to Allah, your Lord. Expel them not from their houses nor let them go forth unless they commit open immorality. Such are the limits (imposed by) Allah; and whoso transgresseth Allah’s limits, he verily wrongeth his soul. Thou knowest not: it may be that Allah will afterward bring some new thing to pass.

 

1. Sura 2.228 (partial)

And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what Allah has created in their wombs, if they believe in Allah and the last day…

Reconciliation

• According to the true jurisprudence of Shari’ah, the couple is supposed to try to reconcile during the compulsory Iddah period, with the help of mediators from each family but it is better to have learned Ulama included being the advisers. If the couple breaks the iddah by engaging in sexual intercourse, they are deemed to have been reconciled and the Talaq is voided. This is a Fard (Comulsary) as per the Almighty Allah’s command in the Holy Quran

The appropriate verses from the Quran are:

• Sura 4.35 (partial)

And if you fear a breach between the two, then appoint judge from his people and a judge from her people; if they both desire agreement, Allah will effect harmony between them, surely Allah is Knowing, Aware.

• Sura 65.1 (partial)

O you the Elevated and Chosen Servant of Allah! [inform about the procedural code] when you people, the husbands, pronounce “decision” of divorcing your such wives with whom you had maintained intimate matrimonial relations, for revoking Nikah (Marriage) then divorce your wives for their respective intervening time-interval [which is known to the respective husband; and this pronouncement will publicly suspend the peculiar right/permission granted by Nikah] and you husbands count down the intervening time period. [there is no intervening period which husbands need to count for such wives whom divorce is given without having intimate association [sexual intercourse and they can be honourably seen off instantly to her parent's house or to the one/place where she was a maid-servant-33:49]

[divorce and counting intervening period is a serious matter] and you people, the divorcing husbands, remain cautious, heedful, afraid of Allah, your Sustainer Lord.

You do not expel/exit the divorcee wives [during the intervening time-period] from THEIR homes,

Warning to Ulama with regards to making a Fatwa on certain cases concerning Talaq:

• Sura 65.1 (partial)

“Yet ye it is who stay each other and drive out a party of your people from their homes, supporting one another against them by sin and transgression, and if they came to you enslaved ye would ransom them, whereas their expulsion was itself unlawful for you. Believe ye in part of the Scripture and disbelieve ye in part thereof? And what is the reward of those who do so save ignominy in the life of the world, and on the Day of Resurrection they will beconsigned to the most grievous doom. For Allah is not unaware of what ye do.”

Completion

After the completion of the Talaq procedure, the couple are divorced, the husband is no longer responsible for the wife’s expenses and she becomes non-mahram for him and so they must observe the Hijab rules.

• When the idda is over, the Talaq procedure is completed. Generally two witnesses are required to witness the completion of the Talaq.

The relevant parts of the Qur’ān are:

• Sura 65.2

So when they have reached their prescribed time, then retain them with kindness or separate them with kindness, and call to witness two men of justice from among you, and give upright testimony for Allah. With that is admonished he who believes in Allah and the latter day; and whoever is careful of (his duty to) Allah, He will make for him an outlet.

• Sura 2.231

And when you divorce women and they reach their prescribed time, then either retain them in good fellowship or set them free with liberality, and do not retain them for injury, so that you exceed the limits, and whoever does this, he indeed is unjust to his own soul; and do not take Allah’s revelations for a mockery, and remember the favor of Allah upon you, and that which He has revealed to you of the Book and the Wisdom, admonishing you thereby; and be careful (of your duty to) Allah, and know that Allah is the Knower of all things.

Aftermath

• Only if the wife is divorced for the third time, then she becomes “haraam” for her former husband. Otherwise, the couple would be able to remarry.
• Even if divorce separates a man from his wife, he has to seek her help in caring for the child or another female if the mother agrees. He must pay for her expenses.

In practice:

• In most Islamic states it is generally unacceptable for a divorced woman to live alone (as is usually also the case with unmarried women). In most situations women who find themselves divorced will return to live with their parents or to the household of another close relative.

The relevant part of the Qur’an is:

• Sura 2.232-3

And when you have divorced women and they have ended their term (of waiting Idda), then do not prevent them from marrying their husbands when they agree among themselves in a lawful manner; with this is admonished he among you who believes in Allah and the last day, this is more profitable and purer for you; and Allah knows while you do not know.

And the mothers should suckle their children for two whole years for him who desires to make complete the time of suckling; and their maintenance and their clothing must be borne by the father according to usage; no soul shall have imposed upon it a duty but to the extent of its capacity; neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child, and a similar duty (devolves) on the (father’s) heir, but if both desire weaning by mutual consent and counsel, there is no blame on them, and if you wish to engage a wet-nurse for your children, there is no blame on you so long as you pay what you promised for according to usage; and be careful of (your duty to) Allah and know that Allah sees what you do.

• Sura 2.235

And there is no blame on you respecting that which you speak indirectly in the asking of (such) women in marriage or keep (the proposal) concealed within your minds; Allah knows that you will mention them, but do not give them a promise in secret unless you speak in a lawful manner, and do not confirm the marriage tie until the writing is fulfilled, and know that Allah knows what is in your minds, therefore beware of Him, and know that Allah is Forgiving, Forbearing.

• Sura 2.241

And for the divorced women (too) provision (must be made) according to usage; (this is) a duty on those who guard (against evil).

After divorce, Qur’an specifies responsibilities on divorcee and divorcer on behalf of their children. Qur’an also prohibits interventions from the previous husband in the divorced woman’s life.

Following are some of the cases regarding child custody decided by Mohammed Sallallahu Alahi Wa’salaam:

• Abd-Allah ibn Umar narrates that a lady came to Muhammad and said: “For this son of mine, it is only my belly which was his abode, and my breasts which were his vessel and my lap which was his dwelling place. Now his father has divorced me and wants to take him away from me.” Muhammad Sallallahu Alahi Wa’salaam replied, “You are more entitled to keep him until you marry again.” Sunnan Abu Dawood 2276

• Abu Hurairah narrates that a woman came to Muhammad Sallallahu Alahi Wa’salaam and said, “My husband wants to take away from me this child even though he has brought over water for me from the well of Abu ‘Anbah and given me a lot of benefit.” Muhammad Sallallahu Alaihi Wa’salam replied, “Both of you can cast a lot on this.” When the husband heard, he said, “Who will quarrel with me regarding this son of mine?” Muhammad Sallallahu Alahi Wa’salaam said, “O son! This is your father and this is your mother; grasp the hand of the one you want to hold.” The child grasped the mother’s hand and she took him away. Sunnan Abu Dawood 2277

References

1.  ”And the mothers should suckle their children for two whole years for him who desires to make complete the time of suckling; and their maintenance and their clothing must be– borne by the father according to usage; no soul shall have imposed upon it a duty but to the extent of its capacity; neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child, and a similar duty (devolves) on the (father’s) heir, but if both desire weaning by mutual consent and counsel, there is no blame on them, and if you wish to engage a wet-nurse for your children, there is no blame on you so long as you pay what you promised for according to usage; and be careful of (your duty to) Allah and know that Allah sees what you do.” Qur’an, [Qur'an 2:223]
2.  ”And when you have divorced women and they have ended– their term (of waiting), then do not prevent them from marrying their husbands when they agree among themselves in a lawful manner; with this is admonished he among you who believes in Allah and the last day, this is more profitable and purer for you; and Allah knows while you do not know. Qur’an, [Qur'an 2:232]

 

Fatwa by St. Al-Faarooq founder of the United Muslim Nations International, & UMN supervising board of the Ulama-e-Haqq

Rules on Double or Triple Talaq in detail

Double or Triple Talaq is Invalid As Per Laws Laid Down In Quran

Verse 229 of Surah Baqarah:-”A divorce is only permissible twice: after that, the parties should either hold together on equitable terms,or separate with kindness.”

This verse is Self Explanatory that there is no concept of three divorces in Islam .It is after the second divorce that a man can retain his wife or get separated .The concept Of “Three Divorces” does not exist in Quran.’

Concept of Double or Triple Talaq in one sitting/Instant Talaq is invalid and alien to Quran.

The misconception that issuing “so called Two or Three Talaqs in one sitting” will terminate Nikah & will result in irrevocable Talaq is nothing but mockery of the laws. The Holy Quran explicitly lays down principles for Talaq & marital Discord as follows:-

Surah Nisah of Holy Quran contains commandments about arbitration & reconciliation

[Quran 4:35], Surah Nisa :If you fear a breach between them (the man and his wife), appoint (two) arbitrators, one from his family and the other from her; if they both wish for peace, Allah will cause their reconciliation…}

In this ayat of Surah Nisa , Allah Clearly ask for arbitration and reconciliation with the help of relatives. Therefore, it is clear that no Talaq can be effective without their interference, whether given once, twice, thrice or hundred times. There is no instant Talaq as per the laws of Allah in the Holy Quran e.g. if the husband had given his wife Talaq once and no reconciliation is done and immediately thereafter be it out of anger issues another two Talaq in one without consideration for reconciliation is invalid and only the first Talaq given is valid, it is invalid for the following reason that one can not skip the Law on reconciliation or the appointed period Idda but is however valid as a second Talaq if the wife is guilty of open lewdness the Idda period still applies.

Surah Talaq of Holy Quran contains commandments about Talaq

Verse 1 of Surah al-Talaq  :- 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. ‘

Verse 2 of Surah al-Talaq 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,

Verse 3 of Surah al-Talaq And He provides for him from (sources) he never could imagine. And if any one puts his trust in Allah, sufficient is (Allah) for him. For Allah will surely accomplish his purpose: verily, for all things has Allah appointed a due proportion.

Verse 4 of Surah al-Talaq Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.

Verse 5 of Surah al-Talaq That is the Command of Allah, which He has sent down to you: and if any one fears Allah, He will remove his ills, from him, and will enlarge his reward.

Verse 6 of Surah al-Talaq Let the women live (in ‘iddat) in the same style as ye live, according to your means: Annoy them not, so as to restrict them. And if they carry (life in their wombs), then spend (your substance) on them until they deliver their burden: and if they suckle your (offspring), give them their recompense: and take mutual counsel together, according to what is just and reasonable. And if ye find yourselves in difficulties, let another woman suckle (the child) on the (father’s) behalf.

Verse 7 of Surah al-Talaq Let the man of means 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. After a difficulty, Allah will soon grant relief.

Verse 8 of Surah al-Talaq How many populations that insolently opposed the Command of their Lord and of His apostles, did We not then call to account,- to severe account?- and We imposed on them an exemplary Punishment.

Verse 9 of Surah al-Talaq Then did they taste the evil result of their conduct, and the End of their conduct was Perdition.

Verse 10 of Surah al-Talaq Allah has prepared for them a severe Punishment (in the Hereafter). Therefore fear Allah, O ye men of understanding – who have believed!- for Allah hath indeed sent down to you a Message,-

Verse 11 of Surah al-Talaq An Apostle, who rehearses to you the Signs of Allah containing clear explanations, that he may lead forth those who believe and do righteous deeds from the depths of Darkness into Light. And those who believe in Allah and work righteousness, He will admit to Gardens beneath which Rivers flow, to dwell therein for ever: Allah has indeed granted for them a most excellent Provision.

Verse 12 of Surah al-Talaq Allah is He Who created seven Firmaments and of the earth a similar number. Through the midst of them (all) descends His Command: that ye may know that Allah has power over all things, and that Allah comprehends, all things in (His) Knowledge

Surah Baqarah of Holy Quran contains commandments about Talaq

Verse 229 of Surah Baqarah:-”A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness”

This verse is Self Explanatory that there is no concept of three divorces in Islaam neither two in one. Talaq should be given once, then reconciliation during Idda, then again if a second Talaq is given, it is after the second divorce that a man can either retain his wife or get separated. The verse clearly states that there’s only two Talaq and that the couple should either reconcile during the Idda or separate thereafter.

‘Thus ,it is clear from above Surah that the concept Of  “Three or Tow Divorces in one” does not exist in Quran nor have there been any such permission given in Hadith.

The concept of a triple Talaq in one go was just an innovation by Kalifa Umar & doesn’t find any place in Holy Quran.

The scholars/religious bodies, who holds/validates triple talaq in one stting /Instant Talaq as three talaqs (without arbitration, reconciliation & many other conditions as asked in Quran) need to learn that Words/Laws of Allah are above sayings of any Khalifa at that time. Even if it served during the reign of a Khalifa it can not be acceptable to any and all times to come, as it is only Quran which is to be followed for all the times. The Ulama has a duty unto Allah regarding the correct implementation of the Shariah, if a Khalifa or Qadi makes a wrong Fatwa he should be told thereof and it should immediately be corrected, no one is above the Shariah of Allah.

Legal status

These practices are banned by Law in many nations around the world, some of which to mention are Turkey, Tunisia, Algeria, Iraq, Iran, Indonesia, Pakistan, Bangladesh etc…

Many Scholars have termed such instant Talaqs and electronic means for Talaq as invalid it has been banned & hold invalid in many other Muslim countries around the world.

Ultimately the Ulama are deemed to follow the laws of Allah, as can be seen from the above the Almighty Allah gives a stern warning to the men of understanding. The reason for the high divorce rates recorded in the past was due to misinterpretation of the laws on Talaq and negligence from scholars in analyzing the situation of married couples.

Surah 58. Al-Mujadila

1. Allah hath heard the saying of her that disputeth with thee (The Ulama) concerning her husband, and complaineth unto Allah. And Allah heareth your colloquy. Lo! Allah is Nearer, Knower.

2. Such of you as put away your wives (by saying they are as their mothers) They are not their mothers; none are their mothers except those who gave them birth they indeed utter an ill word and a lie. And lo! Allah is Forgiving, Merciful.

3. Those who put away their wives (by saying they are as their mothers) and afterward would go back on that which they have said; (the penalty) in that case (is) the freeing of a slave before they touch one another. Unto this ye are exhorted; and Allah is informed of what ye do.

4. And he who findeth not (the wherewithal), let him fast for two successive months before they touch one another; and for him who is unable to do so (the penance is) the feeding of sixty needy ones. This, that ye may put trust in Allah and His messenger. Such are the limits (imposed by Allah); and for disbelievers is a painful doom.

5. Those who oppose Allah and His messenger will be abased even those before them were abased; and We have sent down clear tokens, and for disbelievers is a shameful doom

6. On the day when Allah will raise them all together and inform them of what they did. Allah hath kept account of it while they forgot it. And Allah is Witness over all things.

7. Hast thou not seen that Allah knoweth all that is in the heavens and all that is in the earth? There is no secret conference of three but He is their fourth, nor of five but He is their sixth, nor of less than that or more but He is with them wheresoever they may be; and afterward, on the Day of Resurrection, He will inform them of what they did Lo!

Allah is Knower of all things.

8. Hast thou not observed those who were forbidden conspiracy and afterward returned to that which they had been forbidden, and (now) conspire together for crime and wrongdoing and disobedience toward the messenger? And when they come unto thee they greet thee with a greeting wherewith Allah greeteth thee not, and say within themselves: Why should Allah punish us for what we say? Hell will suffice them; they will feel the heat thereof. A hapless journey’s end!

9. O ye who believe! when ye conspire together, conspire not together for crime and wrongdoing and disobedience toward the messenger, but conspire together for righteousness and pity, and keep your duty, toward Allah, unto whom ye will be gathered.

10. Lo! Conspiracy is only of the devil, that he may vex those who believe; but he can harm them not at all unless by Allah’s leave. In Allah let believers put their trust.

11. O ye who believe! When it is said, Make room! in assemblies, then make room; Allah will make way for you (hereafter). And when it is said, Come up higher!(increase your Imaan) go up higher (increase it further); Allah will exalt those who believe among you, and those who have knowledge, to high ranks. Allah is informed of what ye do.

12. O ye who believe! When ye hold conference with the messenger, offer an alms before your conference. That is better and purer for you. But if ye cannot find (the wherewithal) then lo! Allah is Forgiving, Merciful.

13. Fear ye to offer alms before your conference? Then, when ye do it not and Allah hath forgiven you, establish worship and pay the poor due and obey Allah and His messenger. And Allah is Aware of what ye do.

14. Hast thou not seen those who take for friends a folk with whom Allah is wroth (evil Ulama-e-Soo)? They are neither of you nor of them, and they swear a false oath knowingly (i.e. the swear to follow a sect is better then the unity Allah commands).

15. Allah hath prepared for them a dreadful doom. Evil indeed is that which they are wont to do.

16. They make a shelter of their oaths and turn (men) from the way of Allah; so theirs will be a shameful doom.

17. Their wealth and their children will avail them naught against Allah. Such are rightful owners of the Fire; they will abide therein.

18. On the day when Allah will raise them all together, then will they swear unto Him as they (now) swear unto you, and they will fancy that they have some standing. Lo! is it not they who are the liars?

19. The devil hath engrossed them and so hath caused them to forget remembrance of Allah. They are the devil’s party.

Lo! is it not the devil’s party who will be the losers?

20. Lo! those who oppose Allah and His messenger, they will be among the lowest.

21. Allah hath decreed: Lo! I verily shall conquer, I and My messengers. Lo! Allah is Strong, Almighty.

22. Thou wilt not find folk who believe in Allah and the Last Day loving those who oppose Allah and His messenger: even though they be their fathers or, their sons or their brethren or their clan. As for such, He hath written faith upon their hearts and hath strengthened them with a Spirit from Him, and He will bring them into Gardens underneath which rivers flow, wherein they will abide. Allah is well pleased with them, and they are well pleased with Him. They are Allah’s party. Lo! is it not Allah’s party who are the successful?

Hadith Evidence:

Double or Triple Talaq in one Sitting is taken only as One Talaq statement!

When the husband says “I divorce you” two or three times in a row, it only counts as a single statement of Talaq (divorce), our beloved Nabi Mohammed Sallallahi Alaihi Wa’salaam did so and Khalifa Umar , Uthmaan, Ali etc… having no authority to change that (Muslim 3491, 3492). A Double or Triple statement of Talaq in one sitting was never taken as two or three individual statements of Talaq by our Beloved Nabi but as one.

Commentary: As you can clearly see as per the Laws of the Holy Quran there is no double, triple or instant Talaq in one sitting, each Talaq has to be followed with the Idda period which is Wajib “compulsory” as it is the command of Allah, what this means is that Allah clearly says a married couple has two times for reconciliation, one after the fist Initiated Talaq and one after the second and only after a second Talaq is given a third Talaq given will then be taken as an instant separation because the couple will then be haraam for each other and the woman would still have to observe her Idda, hereafter she may marry another man if she so wish, she can only remarry her former husband after she had been married to another man first. A double or triple Talaq given in one sitting should be taken as one Talaq given followed by the Idda and not as two or three, these are “clearly” the limits imposed by Allah as per the Holy Quran. Nowhere will you find in the Holy Quran any mention of two or three Talaq in one sitting being two or three.

The Almighty Allah says Talaq should only be given twice (meaning that there is only two chances to reconcile) and the third will make the couple haraam for each other. As per the Laws of Allah as it is stated in the Holy Quran a man and woman may remarry if they had gone past the Idda period for the first and second Talaq and only for a third Talaq does the rule of Surah Al-Baqara 2:230 apply which is as follows: “And if he hath divorced her (the third time), then she is not lawful unto him thereafter until she hath wedded another husband. Then if he (the other husband) divorce her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. These are the limits of Allah. He manifesteth them for people who have knowledge.”

Talaq-i-Bid’ah means innovated (or sinful) form of Divorce. It is defined as a divorce which is pronounced twice or thrice in one sitting when the wife is in the state of purity (tuhr), i.e., when man says: “I divorce you, I divorce you, I divorce you.” when such a divorce Talaq is imposed it is clear and evident that it is a breach of Allah’s command and therefore Haraam (unlawful).

Talaq pronounced two or three times in one sitting should be taken as one only as it is raj’i  Talaq, i.e., divorce in which the wife can be taken back provided he takes his wife back within the ‘iddah period or go for nikah if the ‘iddah period has expired.

Many companions of the Noble Prophet Sallallahu Alaihi Wa’salaam like Ibn Abbas, Hazrat Ali, etc. also were of this opinion. Some have quoted companions like Abdullah bin Mas’ud, Abdur Rahman bin’Auf and Zuber bin al-Awwam also adopting this position. Ahl-e-Hadith also are of this opinion, i.e., that triple divorce is not valid, the whole issue in the light of the Noble Qur’an.  We refer to the Qur’anic verse 2: 229-30, which begins with Al-talaqu marratan, i.e., divorce may be pronounced twice.  The word marratan implies a gap between two pronouncements (all jurists accept this), which means there should be a large enough time-gap between the two pronouncements of divorce.  Marratan (twice) itself carries this sense.

In the Qur’an, nikah is described as misaqan ghaliza, i.e., strong bond and has explained how and with whom one can enter into this strong bond and this strong bond cannot be dissolved without proper reason and method.  It certainly cannot be dissolved whimsically.  A man has to pass through different stages to bring about reconciliation either by persuading his wife to behave properly, or by appointing arbitrators as per Qur’anic injunctions (4:35).  If all this fail only then recourse can be taken to divorce.  Thus, according to the Qur’an, divorce is not an arbitrary and whimsical thing.  The method prescribed by the Qur’an for divorce is that one can give divorce twice only, i.e., on two different occasions and then either he has to keep the woman with kindness or leave her with benevolence.  In pre-Islamic Arab society they used to pronounce divorce even one thousand times and keep the sword of divorce hanging on her head.  The Qur’an disallowed it and permitted pronouncement of divorce only twice.  Even giving divorce in three periods of purity (pronouncing divorce once in every period of purity thrice is also not proved by the Qur’an and is thus prohibited [Haraam].  Once talaq is pronounced once, it takes place and woman goes out of marital bond at once and is now free to marry other man after completing the period of ‘iddah.  Why then pronounce talaq more than once?  For what reason? Repeating the word more than once is just absurd,   Talaq should not be pronounced more than once in any case.

Musnad Ahmad Ibn Hanbal that once Rukanah pronounced three divorces against his wife but later he was very sorry for it.  When the Prophet (pbuh) asked him, How did you divorce your wife? Rukanah replied that he had pronounced three divorces. The Prophet asked, Did you pronounce it in  one sitting? When he said, Yes, the Noble Prophet said, Treat it as one divorce only and if you want you can take your wife back.  And Rukanah took his wife back.

Egyptian historian Muhammad Husain Haykal’s book ‘Umar al-Farouq in which the author says that ‘Umar made such an ijtihad (interpretation) in what is well established Qur’anic injunction in 2: 229-30 (Divorce is twice … which we have discussed in detail above) that until today we are opposing him in this matter.  The Qur’an requires all attempts for reconciliation before a divorce (4:35)

A second pronouncement of Talaq during the Iddah period is also Invalid as it does not take effect but a second pronouncement after this period will make it effective.

There are too many historic evidences in support of this general Fatwa that it makes it compulsory upon the Ulama to impose it Talaq the correct manner as prescribed above.

Khula (Divorce)

Our beloved Nabi Mohammed Sallallahu Alaihi Wa’salaam admonishes women not to ask their respective husbands for divorce without justifiable reason.  He warns them of the sin that is associated with divorce without strong reason as narrated in the following Ahâdîth:

Abu Hurairah (R) narrated that the Prophet (SAW) said, “Women who withdraw themselves from their husbands and women who persuade their husbands to divorce them for a compensation are hypocrites.” (Tirmidhi, Hadith 3290 and Nasa’i)

Thawban narrated that the Prophet (SAW) said: “If any woman asks her husband for divorce without some strong reason, the odour of Paradise will be forbidden to her.”  (Abu Dawud, Hadith 2218)

Talaq-e-Salasa [triple talaq, pronounced thrice in one go] counts as one Talaq only. 

Talaq-e-Bain (talaq pronounced in three sittings each three months apart). is the only system to follow which gives sufficient time for rapprochement  [Reconciliation]

. [Q65:1; Q2,228]

The only time that Talaq is Haraam [forbidden] and not valid is during a woman’s menstrual period, Talaq should only be given before or after this period. [Hadith]

Most of the divorce cases are sorted out though rigorous counselling at the end of which the couples agree to live in peace. Only a few ignorant couples fail to heed our advice and separate through Talaq-e-Bain.

We deal with divorce cases in two stages, First couples seeking divorce are put to counselling by religious scholars [Professionals in Quran Psychology] and if the efforts fail they are referred to the Shariah Council. Here also our scholars tell them about the ill-effects of divorce. Most of the couples agree while a handful decide to separate.

When a divorce has taken place it is mandatory on the scholars to keep a record of the Talaq between couples for any possible future references, these documents should be kept as prescribed by the Islamic State. A Divorce record system should be kept in place within each city.

All the above quotations from the Qur’an and the Sunnah show that Islam is indeed the most practical solution to all sorts of problems, including domestic problems among husbands and wives or families.  It discourages divorce among couples as it brings sorrows to the couples themselves and corresponding problems to their children. When family problems happen, society as a whole is affected.  For indeed, children of divorced parents oftentimes result to juvenile delinquencies and drug addictions.   At the same time, Islam as the most practical and rational religion and way of life allows divorce for couples who could not mend their differences.  For why should couples be allowed to  stay forever when they keep on fighting because of incompatibilities?  When misunderstanding and hatred instead of harmony and love exist among parents, children develop negative outlook in life, leading them to juvenile delinquencies and other social problems.  Glory be to Allah the Most Gracious, the Most Merciful, He has perfected Islam for us.  Indeed, even the law of divorce in Islam is something that the whole humanity must ponder on and thank the Almighty.

Note: The UMN Intl is a Spiritual and Political Organisation, its members and guardians are not part of any sect or school of “thought” but rather known as solely the true Muslims of Islaam.

Reference: Al-Quran

Please note this article is not the complete code of conduct with regards to Talaq here we have addressed only the main concerns of our time, Inshallah we will link further issues of concern to the Ummah at large.

UMN INTL NOTICE:

 

As’salaamu Alaikum Ya Muslimeen,

All comments have now been closed:

Firstly due to the fact that we have an extremely high infux of high priority Investigations to deal with,

Secondly many cases have personal details and issues that varry [some extreme and some lightly], it is our duty to hold in secret the marital issues of the Ummah.

We recomend those seeking Talaq Investigations and Fatwa to print out this Article and to refer the matter to your local Ulama.

Trust in Allah and Obey His Shariah.

Wa’salaam,

UMN INTL SUPREME COUNCIL

(The United Muslim Nations “Uniting the Ummah for the pleasure of Allah)

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