Discouragement of Talaq in Islam

Talaq is an Arabic word. It means ‘to release’, ‘to make free’ or ‘undoing a knot’. Allah (SWT) uses the word in the Quran many times. Talaq is a form of Islamic separation; it refers specifically to a divorce initiated by the husband. According to Islamic terminology, the dissolution of the marriage bond by the husband by uttering the word 'talaq' or a similar word is called 'talaq'.

In Islam, marriage is a sacred contract and the foundation of a peaceful and healthy society. Although Talaq, or divorce, is not impermissible in Islam, it is highly discouraged by Islam. Islam always considers Talaq the most detested of permissible acts. The Messenger of Allah (PBUH) stated that divorce is the most disliked by Allah among all lawful things. Abdullah Ibn ‘Umar (RA) reported that the Messenger of Allah (PBUH) said, “The lawful thing which God hates most is divorce.” (Abu Dawood: 2178). It means that Allah (SWT) never decrees divorce. He, the almighty, wills for the sacred bond of marriage to grow stronger and remain resilient for a lifetime. On the other hand, talaq, or divorce, is the most liked thing by Shaytan. Shaytan always wants to cause divorce between husband and wife. This is because marriage brings tranquillity to society, while relationships outside of marriage cause destruction and disorder.

According to a Hadith, causing division between a husband and wife is the ultimate goal of Iblis (Shaytan). He embraces the devil who successfully causes a divorce. Jabir (Ra) narrated that the Messenger of Allah (PBUH) said, 'Iblis (Shaytan) places his throne upon water; he then sends detachments for creating dissension.' The nearer to him in rank are those who are most notorious in creating dissension. ' One of them comes and says, "I did so and so." And he says, 'You have done nothing.' Then one amongst them comes and says, "I did not spare so-and-so until I sowed the seed of discord between a husband and a wife." Satan goes near him and says, "You have done well." A'mash said, 'He then embraces him' (Sahih Muslim: 2813).

According to Islamic Shari'ah, since the husband is solely responsible for paying the Mahr (bridal gift) and providing all financial support – including food, clothing and housing – to his wife, the right to Talaq is assigned exclusively to him. However, a wife can also ask for Talaq if she has valid reasons supported by Islamic Shariyah. If she does not have a valid reason for asking for Talaq, she can free herself through Khula (Khula is a process of divorce where a wife initiates a divorce from her husband when she feels an irreconcilable loss of love and fears she cannot fulfil her marital duties). It requires the wife to return her Mahr or offer some other form of compensation to the husband to legally dissolve the marriage. If a woman asks her husband for Talaq without a valid reason, the Prophet (PBUH) announced a severe punishment against her. Thauban (RA), the freed slave of the Prophet (PBUH), reported that the Messenger of Allah (PBUH) said, “If any woman asks her husband for divorce without some strong reason, the fragrance of paradise will be forbidden to her.” (Abu Dawood: 2226).

Islamic scholars unanimously emphasise that divorce should only be viewed as a last resort when the marriage cannot continue peacefully. When a husband and wife feel that their marital relationship can no longer be repaired, they should not resort to divorce immediately. Instead, Allah has commanded in the Quran to take several steps before choosing divorce. The first is admonition. Allah (SWT) ordered husbands to try to solve the problem through honest dialogue, gentle advice, and patience. The second step is temporary separation. If the advice and dialogue fail, the husband is instructed by Allah to temporarily separate his sleeping arrangements within the home without completely cutting ties, giving both parties time to cool off. The third is appointing two arbitrators. The Quran specifically orders the appointment of one arbitrator from the husband’s family and one from the wife’s family to mediate and find a peaceful resolution before issuing a talaq. Arbitrators must neutrally investigate the couple's grievances, maintain strict confidentiality, and actively work to reconcile the marriage. Allah (SWT) says in the Quran: “...Men are in charge of women by [right of] what Allah has given one over the other and what they spend [for maintenance] from their wealth. So righteous women are devoutly obedient, guarding in [the husband’s] absence what Allah would have them guard. But those [wives] from whom you fear arrogance – [first] advise them; [then if they persist], forsake them in bed; and [finally], strike them. But if they obey you [once more], seek no means against them. Indeed, Allah is ever Exalted and Grand. And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing and Acquainted [with all things].” (Sura Nisa: 34-35).
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The writer is Khatib of Baitus Shafiq Mosque and principal of Baitul Hikmah Academy, Gazipur