Common mistakes in Talaq

As Allah’s Messenger (PBUH) discouraged, Talaq is the most disliked Halal act in Islam. Islam opened the way to divorce when all the attempts to reconcile the marital relationship failed. Many Muslim couples invoke it over trivial matters due to ignorance. Sometimes in anger, sometimes out of emotion, and sometimes unilaterally without seeking the spouse's opinion, they enforce divorce, leaving their partners in tears. To address this, several common mistakes and misconceptions surrounding divorce are highlighted here:
Giving Talaq before discussion and family mediation: The first mistake in applying Talaq is to make hasty, unilateral decisions to separate without attempting family mediation or dialogue. The correct rule commanded in the Quran (Surah An-Nisa: 35) dictates that before taking any final step toward divorce, arbiters from both the husband’s and the wife’s families must be appointed to facilitate reconciliation and save the marriage.
Pronouncing Talaq when the wife is in the state of menstruation: The Quran states that women must be divorced in the state of purity (Tuhr). Allah (SWT) says in the Quran, "O Prophet (Instruct the believers)! When you divorce women, then divorce them with concern for their waiting period (outside her monthly cycle), and count it accurately. And fear Allah, your Lord..." (Sura Talaq: 01). Allah’s Messenger (PBUH) became upset when Abdullah Ibn Umar (Ra) divorced his wife during her menstrual cycle and ordered him to make an immediate revocation (Raja'at) of the divorce because the timing was sinful. Abdullah Ibn Umar (Ra) narrated that he had divorced his wife while she was menstruating during the lifetime of Allah's Messenger (PBUH). Umar bin Al-Khattab asked Allah's Messenger (PBUH) about that. Allah's Messenger (PBUH) said, "Order him (your son) to take her back and keep her till she is clean, and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her, he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced." (Sahih Bukhari: 5051). The husband can issue one Talaq when the wife is in the state of Tuhr (purity between menstruations), provided the couple has not had sexual relations during that Tuhr.

Combining three Talaqs at once: Pronouncing three Talaqs at once strictly violates the clear instructions outlined in the Quran and the Sunnah. Islamic scholars state that although using multiple divorces at once also becomes effective (Al-Hidayah: 2/357), this practice is strictly forbidden and considered sinful in Islam. According to the jurisprudence of Hanafi, pronouncing three Talaqs at once is a major sin. Makhramah Ibn Bikyr (a later narrator of the Tabi'i generation and scholar) narrated that his father said, "I heard Mahmud bin Labid saying the Messenger of Allah was told about a man who had divorced his wife with three simultaneous divorces. He stood up angrily and said, 'Is the Book of Allah being toyed with while I am still among you?' Then a man stood up and said, 'O Messenger of Allah, shall I kill him?'” (Sunan Nasayee: 3401).
Abuse of Talaq-e-Tafweez: The divorce rate in Bangladesh is rising fast and alarmingly. A major reason for this is the misuse of Talaq-e-Tafweez (the wife’s delegated right to divorce). Unfortunately, in most cases in Bangladesh, it is not properly verified whether the specified conditions are met before executing Talaq-e-Tafweej. Often, the husband is neither insane nor missing; he is completely healthy and present. Even though the wife is executing the divorce based on authority granted by him, no one feels the need to check whether he actually consents to it at that moment. The husband may not want a separation, yet the wife unilaterally executes the divorce using his delegated power. This often happens because, if a wife seeks a separation through Khula by her own choice, she must return her dower (Mahr). To save that money, she exploits the husband’s delegated power instead. Stopping this misuse of Talaq-e-Tafweej would reduce family breakups and ensure the security of marital relationships. Therefore, before executing Talaq-e-Tafweej, a system should be introduced where an arbitration council composed of one or two muftis verifies whether the allegations against the husband are true. If the conditions are indeed met, the council will permit the Talaq-e-Tafweej. If the conditions are not found but the wife still insists on ending the marriage, she must do so through Khula. Implementing such a system would go a long way in preventing the breakdown of families.

The writer is an M.Phil researcher, Khatib of Baitus Shafiq Mosque and principal of Baitul Hikmah Academy, Gazipur