09 May, 2016
Yes, when you promise something you must fulfill that. I promised to write on the subject of divorce in Islam. Here, I am back with my understanding of the subject with another piece of writing. I had provided enough proofs from the Holy Quran to our readers that triple Talaq in one sitting is completely against the teachings of Islam in my previous articles on this very news portal.
I don't ever understand why Muslims across the nations are so adamant on something which is not part of the rulings of Islam; it is even completely against the teachings of the Holy Quran. There are only two things, either these muftis (jurists) don't know what are the rulings of Holy Quran or they don't want to implement the true teachings of Islam due to some of their vested interests.
I don't consider the first thing because it is but obvious that these jurists are well versed with the teachings of Quran and we as common men don't stand anywhere close to them regarding this.
Then why they are not ready to amend the things which are not only against the teachings of Holy Quran but also against the rights of women?
Islam clearly says that men and women both are same in the eyes of Allah. But this ruling of one sided divorce clearly opposes that very right of women to be similar to men.
After pondering for a long time, I came to the conclusion that a lot of things have crept into Islam as Sharia which were never a part of Islamic teachings during the lifetime of Prophet (saw) but became a part of Sharia with successive rulings of different unjust rulers who decreed the laws as per their fantasies.
We as Muslims of the 21st century must decide now what is right and what is wrong and must be ready to throw out all the wrong ones into the dustbin which are harming Islam, whether it is triple divorce in one sitting or terrorism.
There is one more thing which is very much disturbing with respect to triple Talaq and was not part of true Islamic teachings and that is Halala. Now a days people have a different version of this and use it as a tool to remarry their spouse after giving triple Talaq.
It is not only against human rights but also against the teachings of Holy Quran. First let us have a look at what is the verdict of Holy Quran about remarrying your spouse after third Talaq; be sure here that third Talaq means actual third Talaq with all its merits which I had mentioned in my previous articles regarding the term (Iddah'), taking her back or remarrying her after completion of term (Iddah') including the birth of a child if she is pregnant and providing her sustenance during all that time and not harming her in any way.
If a husband divorces his wife irrevocably he cannot after that, remarry her until after she has married another husband and he has divorced her. (2:230)
In this very verse of Holy Quran, Allah prohibits remarrying your wife after irrevocable divorce and at the same time allows you to get married again with a condition which states that she has to get married to another man and only after his divorce, the first husband can marry his wife after taking care of all the intricacies of divorce.
So, if women and men do marry each other with a prior understanding of divorce it should be considered a Haram act (illicit relationship), a very sinful act, rather a religious act of following Sharia. Here, divorce between wife and his second husband is very important. It is quite possible that both get a better understanding of their life together and can live together forever.
It is actually a slap on the face of male dominant society that they can't take women for granted. Women also have their own life and so after third divorce; it was made almost impossible for men to remarry their wives. This stringent section of divorce in reality was introduced to stop cruelty of men against their women and men have to think several times before pronouncing final Talaq.
Men were also ordered to not throw women out of their houses which is a common practice in the current world and completely against the tenets of Islam and must be condemned.
"And turn them not out of their houses, nor shall they themselves leave." (65:1)
Islam firstly doesn't support divorce as such and it is one of the most condemnable act but allowed due to differences in human behaviour. Divorce provides a choice to a couple to live their lives separately if it is not possible for them to live amicably with each other. It is important to note that women are also allowed to divorce their husbands in Islam, it is actually not against the rights of women, and instead it is the first religion which provided such rights to women.
Divorce is culmination of misunderstandings and breach among the couple which can arise due to several factors and hence the first thing which was supported by Holy Quran was a way to sort out things so that they could live together in an amicable way.
If you fear a breach between them twain, appoint two arbiters, one from his family and the other from hers; if they wish for peace, Allah will cause their reconciliation. (4:35)
In the above mentioned verse, Allah orders his best creature human to appoint two peacemakers between husband and wife, one each from one side so that they can understand and sort out differences in case of fissures in a relationship. If both of them agree for peace and reconciliation, Allah supports this good cause of them of coming to a decision of living together amicably.
I would like to conclude this series of divorce with the message that first thing which has been assigned to mankind is to sort out differences and live a happy life together. If it is not possible due to serious issues between couples, then they should go for divorce but as decreed by the teachings of Holy Quran, which ask men to divorce their wives but live together in the same house and provide women with sustenance during the term (Iddah') according to their means.
Here it is also very important to mention that If a man is living a very lavish lifestyle then his wife also has the same rights to live lavishly with his money as per teachings of Holy Quran.
Let the women live in the same style as you live, according to your means: annoy them not so as to restrict them. (65:6)Now, I am leaving it to the learned scholars of Islam to themselves decide what is right and why they have allowed such a barbaric act in the name of Islam.
They must have acted themselves to abolish wrong practices which sneaked into Muslim society due to wrong decisions of their predecessors. There is still time to amend their mistakes and revise the Sharia wherever it is required as in the case of triple Talaq in one sitting and Halala. Both of these barbaric acts must be abolished and right rulings of Islam should be reinstated.