Islamic Procedure for Divorce

The Qur'aan, I believe, is the only divinely revealed Book allowing divorce (Talaaq). It was a welfare measure – a way out and a last resort for a couple that finds it impossible to live together because of each other's incompatible natures.

2. But the Qur'aan has laid down an elaborate procedure for divorce. The obvious intention is to avoid complete separation as far as possible.

3. All religious leaders therefore agree that the pronouncement of triple talaaq at one go is undesirable, as it would thus make the divorce sudden and irrevocable. And yet, most of them say that if any husband adopts this method of divorcing his wife (herein after referred to as 'triple talaaq'), nevertheless, she immediately becomes irrevocably haraam for him.

4. Is this fatwa correct in Qur'aanic light?

5. In all cases of consummated marriages, the Qur'aan prescribes a waiting period (iddah) for any divorce to take effect (Verses 2.228, 65.1 & 65.4). Only in case of an unconsummated marriage is this waiting period waived (Verse 33.49).

6. So, any man, resorting to the triple talaaq to facilitate ousting his wife out of their house without giving her the benefit of the mandatory iddah, is definitely not managing his affairs in accordance with what Allah has revealed. And any man who says that such a triple talaaq makes a wife immediately & irrevocably haraam for her husband is not judging in accordance with what Allah has revealed. And the Qur'aan has declared that those who do not so manage their affairs, or who do not so judge, are unbelievers (Verse 5.44), wrong-doers (Verse 5.45) and rebels (Verse 5.47).

7. The Qur'aan is the Islamic Constitution, and triple talaaq is ultra vires this Constitution. Even if a husband pronounces talaaq a hundred times, all at once, it is but one talaaq in terms of this Constitution and ought to be treated as such for any consequent action.

Mohammad Shafi

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What Is Attalaaq?