LOVE, ISLAM-STYLE: Islamic Law: If a man says "divorce" to his wife three times, it's over. Ahh, the Muslim reverence for marriage...
Gosh, they really must be a bunch of die hard romantics at heart.
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"The man reportedly shouted 'talaq' (divorce) thrice to his wife in a drunken state following a domestic quarrel few days ago..."
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Drunk Muslim says divorce, Bihar village enforces it
By Indo Asian News ServicePatna, Dec 21 (IANS)
A divorce pronounced by a Muslim man in an inebriated condition has come to haunt him, as he has been forced to live away from his wife and children by villagers led by orthodox religious leaders.
Mohammed Mokhtar was forcibly separated from his wife Sakina Khatoon and their children in Parbodhi village near Hajipur in Vaishali district, 35 km from here, by some villagers.
Mohammed Mokhtar was forcibly separated from his wife Sakina Khatoon and their children in Parbodhi village near Hajipur in Vaishali district, 35 km from here, by some villagers.
Compelled to adhere to the interpretation of the Muslim law by a local religious group, Mokhtar was upset and frustrated for being separated...
The man reportedly shouted 'talaq' (divorce) thrice to her wife in a drunken state following a domestic quarrel few days ago.
Mokhtar's case has been referred to the Imarat Sharia, a religious body at Phulwarisharief near Patna.
Those following orthodox religious dictates say that if Sakina wishes to reunite with him, she could undergo the practice of halala, that is, marry another man and obtain a divorce from him in order to eventually reunite with Mokhtar.
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posted by jillosophy at 12/23/2006 04:03:00 PM
2 Comments:
Moreover the procedure of divorce in Islam is such as to encourage reconciliation where possible. After divorce the woman should wait three monthly cycles during which her husband remains responsible for her welfare and maintenance. He is not permitted to drive her out of the house during this period. She has been advised not to leave the house of the divorcing husband, in order to enhance the chances of reconciliation, as well as to protect her right of sustenance during the three months waiting period. The main purpose of this waiting period is to clarify whether the divorced wife is or is not expecting a child. Its second use is as a cooling-off period during which the relatives and other members of the family or of the community may try to help towards a reconciliation and better understanding between the partners. The Qur'an says:
"And if you fear a breach between the two, then appoint judge from his people and a judge from her people; if they both desire agreement, Allah will effect harmony between them, surely Allah is Knowing, Aware." (4:35).
If they are reconciled they may resume the marriage relations at any time within the waiting period, whereupon the divorce is automatically revoked. If further trouble arises and divorce is pronounced a second time, the same procedure is followed. Only if the matter reaches a third divorce does it become irrevocable. The wife is then to leave the house and is free after three monthly cycles to marry another man if she wishes. The first husband is not then permitted to remarry her unless she has in the meantime married another man and been divorced in usual legal manner.
This procedure is the normal one followed if the husband is the one seeking divorce or if the divorce is by mutual consent. If the wife seeks divorce against the wishes of the husband she may take her case to the court and obtain divorce.
An instance was reported at the time of the Prophet when a woman came to him saying that although her husband was a good man and she had no complaint against his treatment, she disliked him greatly and could not live with him. The Prophet directed that she should return to the husband a garden which he had given to her as her dowry, as the condition of her divorce. This procedure is sanctioned in the Qur'an where Allah says:
"And if you fear that they may not be able to keep the limits of Allah, then there is no sin for either of them, if the woman redeems herself with that" (2:229).
One may observe that modern developments in marriage law in England and other Western countries are tending towards the Islamic pattern, albeit unconsciously, in many ways, stressing guidance and counselling before divorce, privacy of divorce proceedings and speeding of the process of divorce once it has been established that the marriage has irretrievably broken down.
The law of Islam does not therefore compel unhappy couples to stay together, but its procedures help them to find a basis on which they can be reconciled with each other. If reconciliation is impossible the law does not impose any unnecessary delay or obstacle in the way of either partner's remarriage.
Divorce in Islam:
Many people of other religions believe that a married Muslim man can dissolve his marriage at any time by saying to his wife: "Talaq, talaq, talaq" at one occasion of his own free will and desire. ("Talaq" means "I divorce you.") This motivated me to study the the actual existence of this method of dissolution of a marriage in Islam.
After solemnization of marriage between parties, if some problems arise, the husband may divorce his wife. The question is how he divorces his wife, and whether pronouncement of divorce three times at one occasion is valid.
Zeenat Shaukat Ali, Professor of Islamic Studies St. Xavier's College, Mumbai published an article in the Indian Express with title: "Divorce, Divorce, Divorce." He attempted to clear up misconceptions by Muslims and others about the triple pronouncement of Talaq. The main points in his article were:
Talaq and divorce are strongly condemned within Islam.
In case of difficulties within a marriage that the husband and wife cannot solve by themselves, each shall appoint an arbitrator or conciliator to resolve the matter.
( 4:35): "If the fear Shiqaq (breach) between the Twain, appoint (two) arbiters, one from his family and other from hers, if they wish for peace, ALLAH will cause their reconciliation."
TALAQ-UL-BIDDAT or triple TALAQ: It is important to understand that the word "biddat" itself means disapproval or something the prophet never did or recommended.
Caliph Umer legitimized this form of divorce as an emergency measure.
Most Muslims believe that there shall be a interval of of one month between each "taliq" pronouncement. If the during these pronouncements, the wife disobeys the lawful order of her husband, he may divorce her. During this time of breach they should take measures to reconcile by themselves or with the help of their relatives etc. All efforts as provided in the Qur'an and Sunna should be made to avoid a breach of the marriage.
The triple pronouncement of TALAQ has been "...banned by law in many nations, including Turkey, Tunisia, Algeria, Iraq, Iran, Indonesia, and Bangladesh. India still permits it." 1 In all such countries arbitration councils and judicial interventions have been introduced to promote reconciliation.
Offices staffed by female police are being established in Punjab state, India to redress grievances, particularly by married women. These facilities promote arbitration to help reconcile the couple. When all efforts fail, the matter is referred for investigation and later to the court for a trial.
I hope that people of the Islamic faith will learn from the above discussion on divorce and become aware of the controversial practice within Muslim marriages of the triple pronouncement of Talaq at one occasion which I believe is Un-Islamic and Un-Qur'anic. Avoiding that practice will create proper respect, honor and adoption of the Holy Qur'an and Sunna (Observing the path) of Prophet Mohammad.
May peace be upon Him and on us of Almighty ALLAH ! Ameen.
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