English book · WOMEN IN ISLAM

Two Ways of Divorcing

English book, p. 216

By Maulana Wahiduddin Khan

relatives to intervene to persuade both husband and wife to avoid a divorce. Without this gap, none of these things could be achieved. That is why divorce proceedings must be spread out over a long period. All these preventive measures allow frayed tempers to cool so that the divorce proceedings need not reach an irreversible stage. Divorce, after all, has no saving grace, particularly regarding its consequences. It simply amounts to ridding oneself of one set of problems only to become embroiled in another set of problems. Despite all such preventive measures, it does sometimes happen that a man acts in ignorance or is rendered incapable of thinking coolly by a fit of anger. Then, on a single occasion, in a burst of temper, he utters the word “divorce” three times in a row, “talaq, talaq, talaq!” Such incidents, which occurred in the Prophet’s lifetime, still happen even today. Now, the question arises regarding how the would-be divorcer should be treated. Should his three utterances of talaq be treated as only one, and should he be asked to extend his decision over three months? Or should his three utterances of talaq on a single occasion be equated with the three utterances of talaq made separately over three months? A hadith was recorded by Imam Abu Dawud and several other traditionists who can guide us in this matter: “Abd Yazid Abu Rukana said “talaq” to his wife thrice in a row. Then, he was despondent at the step he had taken. The Prophet asked him exactly how he had divorced her. He replied that he had said “talaq” to her three times

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