January 6, 2009

Making things unnecessarily difficult for oneself does not constitute piety.

Does Islam Holds Triple Talaq as Lawful?

There is a common misconception that a man can say Talaq, Talaq, Talaq to his wife in a row and it will lead to Talaq. This is a total misconception. While marriage is the rule of life, and divorce only an exception, the latter must also be accepted as a reality. Indeed there already exist commandments to deal, accordingly, with such cases in both divine and human laws.

Islam regards marriage as an extremely desirable institution, hence its conception of marriage as the rule of life, and divorce only as an exception to that rule. According to a Hadith, the Prophet Muhammad said, "Marriage is one of my Sunnah (way). One who does not follow it does not belong to me." Ibn Majah, Sunan, Kitab an-Nikah

Although Islam permits divorce, it lays great emphasis on its being a concession, and a measure to be resorted to only when there is no alternative. Seeing it in this light, the Prophet Muhammad said, "Of all things permitted, divorce is the most hateful in the sight of God." Abu Dawud, Sunan, Kitab at-Talaq, 2/255

However, it has to be conceded that life does not always function smoothly, like a machine. Despite all safeguards, it sometimes does happen that a couple reaches a stage of such desperation that they become intent on separation. Here the Shariah gives them guidance in that it prescribes a specific method for separation. The Qur'an expresses it thus: "Divorce may be pronounced twice, then a woman must be retained in honor or allowed to go with kindness." Qur'an, 2:229

This verse has been interpreted to mean that a man who has twice given notice of divorce over a period of two months should remember God before giving notice a third time. Then he should either keep his spouse with him in a spirit of goodwill, or he should release her without doing her any injustice.

This method of divorce prescribed by the Qur'an, 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 (who should not at this time be menstruating), "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," (again his wife should be in a state of "purity") 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 well-considered, 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 children's future. 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 Qur'an 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 are required, between which a long gap has been prescribed by the shari 'ah. The purpose of this gap is to give the husband sufficient time to revise his decision, and to consult the well-wishers 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.

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.

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 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." Fath al-Bari, 9/275

A man may say "talaq" to his wife three times in a row, in contravention of the shari'ah'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 shari 'ah 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.