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Talaaq (Divorce)

Sep 20, 2007

Q. Can a man give his wife three talâqs while she is menstruating?

A. It is prohibited for one to give three Talâqs to a woman who is menstruating and it results in him becoming sinful. But, nevertheless, if it is given, it will be effective. Therefore, the Talâq given by the person is valid, thus irretrievably severing the Nikâh. He is not allowed to remarry her and have any contact with her. She will now have to sit in Iddat for three menstrual periods, after which she is allowed to marry someone else. If she marries another man, has sexual relations (intercourse with him), after which he divorces her or he dies and she spends three menstrual periods (in the case of divorce) or 4months and 10days (in the case of the death of her husband) in Iddat then only may she marry her first husband (the one who gave her three Talâqs) again.

Q. Many years after the death of Muhammad sallallahu alaihi wasallam, a new form of divorce (talâq bid’ah) made its appearance as an innovation. In this form, talâq becomes irrevocable as soon as it is pronounced. Thus if the husband said talâq three times to his wife in one sitting, she was divorced from him. This form of divorce leaves no room for reconsideration and no chance for repentance. My question is whether there is any incident mentioned during the time of Muhammad sallallahu alaihi wasallam existence when such a talâq had taken place and what was the Prophet’s sallallahu alaihi wasallam reaction to it?

A. First and foremost you have stated that such a Talâq made its appearance many years after the demise of Rasulullah sallallahu alaihi wasallam which is a distortion of facts once again as such incidents had occurred during the sacred era of Rasulullah sallallahu alaihi wasallam as well. Yes it would however be correct to say that involvement in such an action is indeed most unbecoming and a bid'ah and the consequences most severe and having grave connotations.

 

Nevertheless, for your benefit I would like to reproduce hereunder a few citations to elucidate the validity of these events during the sacred era and the repercussions therein as explicitly promulgated by none other than the Rasul of Allâh sallallahu alaihi wasallam.

 

(1) Imâm Nasâi R.A. has recorded a Hadîth in which Rasulullah sallallahu alaihi wasallam was once informed concerning a person that pronounced three divorces upon his wife all at once. He (Rasulullah sallallahu alaihi wasallam) stood up in a fit of rage and anger and replied: "Is he playing with the book of Allâh Ta’âla whereas I am amongst you."

 

Thereafter a person stood up from the gathering and sought permission to behead the person seeing and understanding the fury and anger of Rasulullah sallallahu alaihi wasallam upon hearing of such an unbecoming action. (Nasâi vol. 2 pg. 36)

 

Qâdhi Abû Bakr Ibn AI-Arabi R.A. commenting on this Hadîth has written that it is evident that three Talâqs most definitely takes its toll and immediately becomes effective and the anger of Rasulullah sallallahu alaihi wasallam upon hearing of such an action portrays the gravity of such an action. Had it not been 'effective Rasulullah sallallahu alaihi wasallam would have most definitely acceded hitherto and allowed the husband to retract his words, however the response of Rasulullah sallallahu alaihi wasallam was totally opposite and one of extreme anger that a person whilst him being alive has the boldness to perpetrate such an action.

 

(2) ln Sunan Daru Qutni it is recorded that Ibn Umar R.A. once asked Rasulullah sallallahu alaihi wasallam: "Oh! Rasul of Allâh, do inform me that if I pronounce three divorces altogether upon my wife will it be permissible for me to reconcile with her thereafter?" Rasulullah sallallahu alaihi wasallam replied most emphatically: "No. She immediately becomes separated from you and doing so is indeed a great sin." (Dar Qutni vol. 4 pg. 3 1)

 

(3)In Sunan Abû Dawûd it is recorded that a Sahabi Uwaimir AI Ajlani R.A. pronounced three talâqs upon his wife in the presence of Rasulullah sallallahu alaihi wasallam and Rasulullah sallallahu alaihi wasallam duly effectuated the same. (Abû Dawûd vol. 1 pg. 213)

 

Similar recordings are found in Sahih Bukhari vol.2 pg. 791/800; Sahih Muslim vol. 1 pg. 489. (Extracted from Fatâwa Rahimyâ vol.5 pg. 333-396)

Q. A husband and wife have lived separately for six years with no type of communication whatsoever and suddenly he uttered the words of Talaaq. Does she still have to sit in iddat?

A. Yes, she will sit in iddat from the time the Talaaq was issued. Separation in no way construes a divorce and iddat is only made after Talaaq is issued.

Q. If I think about giving Talaaq, has the Talaaq occurred?

A. Merely thinking of a Talaaq does not construe a Talaaq. Talaaq has to be issued for it to take place.

Q. Can a woman ask for Talaaq (divorce) if her husband is gay.

A. Yes, she could ask for Talaaq (divorce) if she feels that he is violating and disrespecting the commands of Allah Ta’ala and that this will lead her to think, act and behave in this unnatural, filthy, and evil manner.

Q. I am divorced. It is common to hear from people that the iddat period is 3 months and 10 days. Is this correct?

A. This is incorrect. The iddat of divorce for a menstruating woman is 3 menstrual cycles. The iddat of divorce for a woman who does not menstruate is 3 months. The iddah for a pregnant woman is until she delivers her baby.

AND ALLAH KNOWS BEST.

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