DIVORCE IN ISLAM

All these preventive measures clearly allow frayed tempers to cool, so that the divorce proceedings need not reach a stage that is irreversible. Divorce, after all, has no saving graces, particularly in respect of its consequences. It simply amounts to ridding oneself of one set of problems only to become embroiled in another set of problems. TRIPLE TALAQ (DIVORCE) Despite all the preventive measures for a divorce, it does sometimes happen that a man acts in ignorance, or is rendered incapable of thinking dispassionately 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 took place in the Prophet’s lifetime, still take place even today. Now the question arises as to how the would-be divorcer should be treated. Should his three utterances of talaq be treated as only one, and should he then be asked to extend his decision over a three-month period? Or should his three utterances of talaq on a single occasion be equated with the three utterances of talaq made separately over a three-month period? There is a Hadith recorded by Imam Abu Dawud and several other traditionists which can give us guidance in this matter: Rukana ibn Abu Yazid said “talaq” to his wife three times on a single occasion. Then he was extremely sad 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 in a row. The Prophet then observed, “All three count as only one. If you want, you may revoke it.” A man may say “talaq” to his wife three times in a row, in contravention of the Shariah’s prescribed method, thereby committing a sin, but if he was known to be in an emotionally overwrought state at the time, his act may be considered a mere absurdity arising from human weakness. His three utterances of the word talaq may be taken as an expression of the intensity of his emotions and thus the equivalent of only one such utterance. He is likely to be told that, having transgressed a Shariah law, he must seek God’s forgiveness, must regard his three utterances as only one, and must take a full three months to arrive at his final decision. The prescribed method of divorce over a period of three months has ensured that it is a wellconsidered, planned arrangement and not just a rash step taken in a fit of emotion.