Spirit of Islam · DIVORCE IN ISLAM

DIVORCE IN ISLAM

Spirit of Islam, December 2016, p. 12

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.

This method of divorce prescribed by the Quran, i.e. taking three months to finalize it, makes it impossible for a man seeking divorce suddenly to cast his wife aside. Once he has said to his wife, “I divorce you,” both are expected to think the situation over for a whole month. If the man has a change of opinion during this period, he can withdraw his words. If not, he will again say, “I divorce you,” and they must again review the situation for a further month. Even at this stage, the husband has the right to revoke the proceedings if he has had a change of heart. If however, in the third month, he says, “I divorce you,” the divorce becomes final and the man ceases to have any right to revoke it. Now he is obliged to part with his wife in a spirit of good-will, and give her full rights. This prescribed method of divorce has ensured that it is a wellconsidered, planned arrangement and not just a rash step taken in a fit of emotion. When we remember that in most cases, divorce is the result of a fit of anger, we realize that the prescribed method places a tremendous curb on divorce. It takes into account the fact that anger never lasts—tempers necessarily cool down after some time—and that those who feel like divorcing their wives in a fit of anger will certainly repent their emotional outburst and will wish to withdraw from the position it has put them in. It also takes into account the fact that divorce is a not a simple matter; it amounts to the breaking up of the home and destroying the future of their children. It is only when tempers have cooled down that the dire consequences of divorce are realized, and the necessity to revoke the decision becomes clear. When a man marries a woman, he has to say only once that he accepts her as his spouse. But for divorce, the Quran enjoins a three month period for it to be formalized. That is, for marriage, one utterance is enough, but for a divorce to be finalized, three utterances over a long period are required, as prescribed by the Shariah. The purpose of this gap is to give the husband sufficient time to revise his decision, and to consult the wellwishers around him. It also allows time for relatives to intervene in the hopes of persuading both husband and wife to avoid a divorce. Without this gap, none of these things could be achieved. That is why divorce proceedings have to be spread out over a long period of time. The sole method of having unity in this world is to live unitedly in spite of differences. This can be achieved only through patience and tolerance, virtues advocated by the Prophet.

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