Spirit of Islam · DIVORCE IN ISLAMIC LAW — Disliked, But Permitted

DIVORCE IN ISLAMIC LAW — Disliked, But Permitted

Spirit of Islam, Apr 2014, p. 39

By Maulana Wahiduddin Khan

Maulana Wahiduddin Khan is named as the default author of the periodical; a piece that carries another writer’s byline is credited to that writer.

take effect. This pragmatic method of divorce was followed in the early period of Islam. But towards the end of the period of the first Caliph, Abu Bakr, some men, out of anger, began issuing three utterances of divorce in one sitting. At this time, this practice was an exception, but by the time of the latter half of the period of the Caliphate of Umar, the second Caliph, it had become increasingly common. Divorce has been accepted in Islam as something that can be resorted to in extreme circumstances. At the same time, Islam frowns upon divorce. In the face of this, and in his capacity as Caliph, Umar decided to take action against this misuse of the law. And so, in the case of some men, he accepted their issuing three utterances of divorce in one sitting as constituting an irrevocable divorce. But, along with this, he also arranged for these men to be punished. However, this method of divorce remains fairly widespread today, especially in the Indian subcontinent. Men arbitrarily utter the word talaq three times in one breath, often in anger. This is a misuse of Shariah laws, and is a grave sin on the part of the husband. This practice has become very common today, and it urgently demands that the position of the Shariah on the matter be clarified. One way out of this dilemma is to consider that the utterance of the word talaq three times by the husband in a fit of excess emotion or anger to be equal to just one utterance. If the husband was not serious about the divorce, then he can revoke it soon after. And, if he actually wishes to divorce his wife, then he should do it according to the method prescribed by the Quran, over a period of three months, as explained above. o Finest gift of nature Conscience is a moral watchdog. It is the finest gift of nature. One who goes against one’s conscience is making a self-destructive choice.

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