CONCERNING DIVORCE

7. Concerning divorce ~ 171 ~ sunnah, did not in any way change the law of the shari’ah. To think that this led to any revision of Islamic law would be to misunderstand the situation: the Caliph’s order merely constituted an exception to the rule, and was, moreover, of a temporary nature. This aptly demonstrates how the 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 which 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