CONCERNING DIVORCE

7. Concerning divorce ~ 173 ~ 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 based on three utterances of the word talaq on a single occasion should remember that his verdict will remain unenforceable for the simple reason that he does not have the powers that ‘Umar, as Caliph, possessed. ‘Umar’s verdict was that of a powerful ruler of the time and not just that of a common man. It is necessary at this point to clear certain misunderstandings which have arisen about the extent of agreement which existed on ‘Umar’s ruling. Of all the Prophet’s Companions who were present at Medina at that time, perhaps the only one to disagree was ‘Ali. As a result of this, certain ‘ulama have come to the conclusion that the Prophet’s followers (Sahabah) had reached a consensus (‘ijma) on this matter.l46 But the consensus reached was not on the general issue of divorce, but on the tight of Muslim rulers to make temporary and exceptional rulings, as had