TWO WAYS OF DIVORCING

~ 29 ~ Islamic shari‘ah may make concessions in accordance with circumstances. Each law of the shari‘ah may be eternal, but a Muslim ruler has the power to make exceptions in the case of certain individuals in special sets of circumstances. However, such a ruling will not take on the aspect of an eternal law. It will be purely temporary in nature and duration. Various traditions in this connection show that the second Caliph’s treatment of certain persons was not in consonance with the shari‘ah. The rulings he gave on these occasions were in the nature of executive orders that were consistent with his position as a ruler. If he acted in this manner, it was to punish those who were being hasty in finalizing the divorce procedure. It is a matter of Islamic historical record that when any such person was brought before ‘Umar for having uttered the word talaq three times on one occasion, he held this to be rebellious conduct and would order him to be flogged on the back.17