Divorce in Islam strongly undesirable

The melodrama of the husband shouting out the words ‘talaq talaq talaq…’ and the wife, already being the victim of all sorts of oppression, now facing yet another horror of divorce: this is the common impression people perceive about the Islamic law of divorce. Therefore, this topic has always remained the bone of contention among the Muslims and the non-Muslims alike. 

The main reason behind this commotion is ignorance. Majority of the times, Muslim men and women themselves are clueless of the Islamic law which governs the community. Both the Quran and the Sunnah (practices of the Prophet) have emphasised greatly on acquiring this Islamic knowledge so that we are not manipulated because of it.

What is Shariah?

Shariah is the body of law or a way of life where the injunctions have been laid down by God Himself and have further been made clear through the practice of the Prophet and subsequent four caliphs, who have been the most rightly guided ones. Any innovations or increase or decrease in these rules are disallowed.

Rules governing the Muslim divorce: Divorce in Islam is strongly undesirable or nearly forbidden where there is no good reason for it, because it would be harmful and Muslims are forbidden by their religion to initiate harm or inflict injury upon one another. It is lawful when there is a valid reason for it. Even then, it is the most repugnant, in the sight of God, of all lawful things. 

However, if there is hopeless failure on the part of husband or wife or both to discharge their marital duties and to consort with each other in kindness, peace and compassion, then one may resort to terminate the marriage, which has to be done gracefully, fulfilling the rights of each other. This process of divorce or talaq has been clearly explained in the books of law.

In the light of the above, Muslim jurists have specified the major situations which may be accepted in litigation as grounds for divorce. They are: long absence without knowing the whereabouts of the husband, refusal to provide for the wife, severe poverty, impotence, chronic diseases, insanity, deceptive misrepresentation at the conclusion of the marriage contract, mistreatment, apostasy of the husband and debauchery. 

It is interesting to note that the wife has more grounds for seeking a divorce and is accorded a greater justification than the husband. The timing of divorce and the preceding steps: The best and the rational way of divorcing one’s wife as per the Shariah is for the husban to say the word talaq just once, with stipulated conditions that it should not be said in extreme anger, it is forbidden to say it when the wife is in her menstruation, or during that period of time when she is free from menstruation but has had no marital relations (intercourse) with her husband. 

Once the word has been pronounced, the waiting period to terminate the marriage is three menstrual cycles – and this is incumbent on her before she can get married to another man. This is done to confirm her pregnancy in the present marriage. 

If she is found to be pregnant, then her second marriage cannot happen until she has delivered the baby. If, however, during the waiting period reconciliation happens between the husband and the wife, then there is no harm or restriction on them to rejoin, and the talaq gets revoked. 

Nikah again

If the reconciliation is after the waiting period, then the nikah has to be renewed between them, that is, the nikah ceremony has to be performed again in the presence of witnesses. It is strictly disapproved to say talaq three times because it makes the marriage annulled and void until the process of halala takes place. Halala is a process where the woman has to get married to another man and fulfill the marital obligation before he divorces her on valid conditions.

The sinful talaq: The worst and most sinful of divorces is the triple talaq – pronouncing the word talaq three times in one go. This makes the man sinful of the disobedient act, yet the effect of his words has the repercussion of irrevocable divorce between the couple. 

The offence committed has to have a negative result to make it a crime. Thus triple talaq, though disliked and condemned in the Shariah, becomes a part of it. It is a litmus test of the nobility of a man. 

There have been a few cases of triple talaq even during the period of our noble Prophet. The decision he took is a testimony that in spite of being angry and totally against this, he enforced the rule of separation. 

(The writer is member, Iqra Publications)