TWO WAYS OF DIVORCING

~ 30 ~ Perhaps the most important aspect of this matter is that when ‘Umar gave his exceptional verdict on divorce being final after the third utterance on a single occasion of the word talaq, his position was not that of a powerless ‘alim (scholar) but of a ruler invested with the full power to punish—as a preventive measure—anyone who went against Qur’anic injunctions. This was to discourage haste in divorce. By accepting a man’s three talaqs on the one occasion as final and irrevocable, he caused him to forfeit his right to revoke his initial decision, thus leaving him with no option but to proceed with the divorce. On the other hand, the Caliph had it in his power to fully compensate any woman affected by this ruling. For instance, he was in a position to guarantee her an honourable life in society and if, due to being divorced, she was in need of financial assistance, he could provide her with continuing maintenance from the government exchequer, baitul mal, etc. Today, anyone who cites ‘Umar’s ruling as a precedent in order to justify the finality of a divorce