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What is the proper way of giving divorce in Islam? |
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The answer to your query is as following:
1- All Sharia matters are referred back to the Qur’an and Sunnah which are the overriding authority on any individual or any faction’s opinion. In other words a Muslim is answerable to Allah for all his actions. In the grave and on the day of judgement he is to be asked whether he followed Allah and his Prophet or not.
2- Similarly, all scholars of Islam are obliged to answer in light of the Qur’an and Sunnah and not according to any certain Madhab.
3- As far as pronouncing three divorces, the Qur’an has laid down the process of Talaq very clearly. See verse No. 1 of Surah Al-Talaq where it clearly says that you should give a divorce, followed by an Iddat; So that by the end of this Iddat you can either take back your wife, or separate. And also see Verse No. 229 of Surah Al-Baqara, which states that a man got the right of Ruju (taking back his wife till after two Talaqs). But after third Talaq he loses his right.
Quranic word (At-Talaqu marratan i.e. Talaq is two times), doesn’t mean saying the word Talaq twice in one go but in means two Talaqs which are done at two separate occasions. For example when a doctor prescribes a medicine twice a day, he does not mean to take two tablets at one time but each tablet at a different time from the other. Similarly if someone says that I have prayed two or three Juma during this month, he does not mean that he prayed them altogether in one day but he means that he had prayed Juma on three different Fridays. Accordingly the two divorces mentioned in the Qur’an are to be executed in the following manner.
A man divorces his wife once only, which is followed by her Iddat. He is allowed to take her back within the Iddat period. If he does not take her back, she is divorced and separated from him. But with mutual consent, they can marry each other once again.
Suppose he takes her back once again either saying it verbally (i.e. I take you back) or physically (i.e. by having marital relation with her) they can live as husband and wife again. But the husband has exhausted his right of one Talaq.
Suppose after sometime, the husband happens to divorce her secondly, the same process as that mentioned above would be repeated.
In case he takes her back once again, they would resume the marital life. Now if he happens to divorce her a third time, her Iddat would follow but the man has no right to either take her back or marry her once again after the expiry of Iddat. She becomes totally forbidden to him. According to Verse 230 of Surah Al-Baqarah, if this woman marries another person, just for the sake of real marriage ( and not a marriage of convenience) and then this marriage doesn’t work and she is divorced by the second husband as well, then she is allowed to marry the first husband provided that:
A) The second marriage was consummated.
B) The marriage was not done for the purpose of Halala (i.e to allow the first husband to marry her). Any person, who commits Halala deliberately, is cursed by Allah according to the Hadith of the prophet (Salalaho Alai Wassalam). Allah curses the one who commits Halala (i.e. the second husband) and the one for whom Halala is done (i.e. the first husband).
4- What about if a person pronounces three words of Talaq in one go? The answer is clear in light of the above explanation. They are to be considered as ONE Talaq only. To make it clearer, note the following:
(According to the Hadith of Ibn Abbas in Sahih Muslim, such three Talaqs given in one time were considered as one Talaq during the time of the prophet (Salalaho Alai Wassalam), the time of Abu Bakr (radi allaho taala) and the early period of Umar (radi allaho taala), so this Talaq is counted as one. The above opinion is also supported by a number of Hadith. When Umar (radi allaho taala) declared three Talaqs as bindings, it had been a disciplinary act because people started misusing the function of divorce. As caliph he had the right to do so. But there is no point to leave the authentic Sunnah of the prophet (Salalaho Alai Wassalam), for a temporary judgement given by Umar (radi allaho taala) during his Caliphate).
So you are allowed to take back your wife by saying to your wife “I take you back”. Then you both can resume your marital life.
Wassalam
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The Quran |
Chapter: Al-Anbiya (21)
Ayat(verse): 107 |
| 107 . We sent thee not save as a mercy for the peoples . |
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Divorce / Talaq 
