And for women are rights over men similar to those for men over women” (Quran, 2:228)

Topic: Analysis of the Impact of Three Talaqs (Divorce) in one sitting According to Various Views among Muslim Scholars.

  1. Introduction
  2. Islamic Marriage
  3. Divorce in Islam
  4. Khula
  5. Provisional Marriage (No need of divorce)
  6. History of Islamic Divorce (Talaq)
  • Pre Islamic View
  • Quranic View
  • Hazrat Umer’s Law
  1. Majority (Jamhoor)
  • Sunni and Shia Sects
  • Sunni Law (Jamhoor)
  1. Ibn e Taimiya
  2. The procedure of Divorce in Islam
  • Initiation
  • Reconciliation
  • Breakup
  • Aftermath
  1. Modern Scholars
  • Abdul Wahaab Najdi
  • Sir Syed Ahmad Khan
  • Dr. Sir Muhammad Iqbal
  1. Sources to Islamic Countries’ Legislations,
  2. Legislations
  3. Problems within a State
  4. Conclusion

Introduction,

Nikah and Talaq are two opposite terms of Islamic family law. Opposite in sense that Nikah is a civil contract which unites two persons (one male and one female) into one family unit on the contrary Talaq departs them. For the ease of English reader Nikah is marriage and Talaq is divorce. But in depth it’s not so simple because Nikah is also an Ibadah (worship) and Talaq is considered as a Sin according to the sayings of the Holy Prophet Muhammad (PBUH). A family of two persons (Husband and wife) is considered a complete unit of society according to all humans almost. It’s a basic building block of human society. And surely for the betterment of the society a family unit must be excellently firmed on the basis of the relationship between husband and wife.

Hence there are always cases of failure in such relations. In case of the failure of a marriage, divorce takes part as a solution. Near Muslims it is called Talaq. Although the word Talaq has no dispute in its meanings and it’s clearly the separation between husband and wife but there are differences of opinions about the methods and procedures of Talaq.

Islamic Marriage,

 

Nikah, the major part of Islamic marriage is an agreement flanked by a man and woman to live as companions, as husband and wife. It has to be an open announcement in front of at least two eyewitnesses, it cannot be enigmatic. It was a custom of previous Prophets which the Prophet Muhammad (PBUH) re-organized and conveyed to his followers.

As Quran states,

“Arrange the marriage of the spouseless among you” (Quran, 24:32)

Islam knows the value of sex and supports marriage as the base for families. Marriage is extremely appreciated and considered as being half faith.

“Nikah is half faith” (Hadith)

The Prophet of Islam has also said,

“Nikah is my Sunnah. (Sunnah means practice or deed of the Prophet) and who does not go after my Sunnah is not my true follower.”

(Ibn Haiah, Babun Nikah)

Divorce in Islam,

Marriage in Islam is a pact having the normal constituents of offer, acceptance and consideration which may be ended cause to experience definite conditions, although Hadith states it should be the very last option when there is no possibility of settlement. If a divorce is setup by the husband it is called Talaq and may be done in a manner that is one-sided and there is no retrieval for that according to the view of majority of Hanfi Scholars.

A particular type of divorce is used in Islamic faith. The Arabic word for divorce is Talaq. It is often used to mention an Islamic divorce. It is used to finish a marriage under the terms of Sharia, the Islamic law.

If divorce is made at the request of the wife it is recognized as “khula” and needs the acceptance by the husband according to the view of majority of Hanfi Scholars.

Khula,

Khula which is similar form of divorce, it is right of women to get rid from their husbands in certain conditions. This is the easiest way and right for women frees her from marriage bonding. But this is supposed with the acceptance of husbands. In this case, judge (qadi) is chosen with the agreement of both parties and he takes some steps to return back Haq Mehr to the women. The women look for khula and thought it as her right .The husbands approves it to perform Talaq.

Provisional Marriage (No need of divorce),

Shias (Iranian Sect of Muslims) also believe in provisional or temporary marriage called Mutta. Since Shias think that Islamic divorce is a way comes from mutual conflict instead of compromise. They don’t believe to end provisional matrimony as normal marriage ends with Talaq. The Shias end this temporary matrimony after completing the waiting period without any divorce being involved, since there is not necessary disagreement to determine the value of Talaq at all.

History of Islamic Divorce (Talaq),

1.    Pre Islamic View,

Before the call of the holly prophet Muhammad (PBUH) for Islam, Arabs had a system of beliefs almost driven from the Babylon. They believed in three Talaqs but not in one sitting. They used to use the cycle theory in which one Talaq completes at the completion of a menstrual cycle of the woman.

2.    Quranic View,

With the birth of Islam, Islamic laws began to be compiled in first place. Quran is the revelation of the Prophet Muhammad (PBUH). It is believed by Muslims that Quran is the word of God. In Quran there is clear view about Talaq without any confusion at all. For example,

Example No.1,

“O Prophet! When you divorce women, divorce them for their prescribed time, and calculate the number of the days prescribed, and be careful of (your duty to) God, your Lord…”

(Quran Chapter: 65.Verse: 1)

Example No.2,

“Divorced women shall keep themselves waiting for three periods, and it is not permissible for them to conceal what Allah has created in their wombs, if they believe in Allah and in the Last Day. Their husbands are best entitled to take them back in the meantime, if they want a settlement. Women have rights similar to what they owe in recognized manner though for men there is a step above them. Allah is Mighty, Wise”

(Quran Chapter: 2.Verse: 28)

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