Articles

The Phenomenon of Divorce (Talaq)
Author : Ali Al-Fakhir
Date Added : 15-04-2024

 

All perfect praise be to Allah the Lord of the Worlds. May His peace and blessings be upon our Prophet Mohammad and upon all his family and companions.

 

When issuing religious rulings to people regarding divorce, the mufti notices a prevailing culture in our societies manifested in people's urgent question after uttering the word divorce: Is this a valid divorce?

 

The question posed by the person uttering divorce is solely focused on protecting himself from the financial and social consequences of this word. They do not take the Sharia dimension of their actions into consideration; they do not ask themselves: "In the sight of Allah, am I committing a sin?!" How will I answer to the Almighty when I stand before Him on the Day of Reckoning?!

 

Yes, a cultural mindset that says: "I have uttered the divorce word... I need a fatwa (religious edict)... and perhaps it will resolve the matter!" without considering any other aspect. This is to the extent that some people believe that the fatwa is what allows them to continue their marriage or end it!

 

It is not uncommon to find someone who, despite being fully aware and conscious of issuing a clear divorce, reacts with indifference when informed by the mufti that the divorce took place. They might even say, with a calm demeanor: "Consider it not as such, O Sheikh!" Meaning, don`t count it as an instance of divorce.

 

Seriously and alarmingly, this culture indicates that the family is being threatened. This is because the success and protection of the family is fundamentally tied to the mature understanding of the sanctity and importance of the institution of marriage.

 

Perhaps this boldness in uttering divorce for trivial reasons is also linked to the lack of conscience, among Muslim individuals, regarding the fear of Allah. We know that marriage is one of the most serious contracts in our noble religion, and Islam has been keen on safeguarding and building it on solid foundation.

 

Setting material considerations aside, marriage is a contract that binds souls first. It unifies families, expands the circle of relationships and compassion. It also establishes the meanings of peace, love, and mercy. Through marriage, man achieves succession on earth by continuing the human race and multiplying to fulfill the duty of cultivating the earth that Allah has entrusted him with.

 Indeed, the marriage contract is not a business transaction; rather, it is a contract whose fruits are souls, and whose reward, for those who fulfill its requirements, is Paradise.

 

For all of the aforementioned, the Prophet Mohammad (peace be upon him) called the marriage contract "the word of Allah" and "the trust of Allah." In a hadith narrated by Jabir ibn Abdullah, the Prophet (peace be upon him) said during his farewell pilgrimage: "Fear Allah regarding women, for you have taken them as a trust from Allah, and intimacy with them has been made lawful by the word of Allah." [Abu Dawood].

 

Understanding the profound meaning and the spiritual aspect of the philosophy of the marriage contract, especially when combined with the fear of Allah, can, Insha`Allah, serve as a powerful deterrent for individuals against hasty utterances of divorce, using expressions forbidding wife to her husband, and engaging in common practices related to divorce oaths that have become prevalent.

 

The person who frequently uses phrases like "I swear by divorce" or "I swear by the forbidden" and others does not appreciate the meaning of "the word of Allah" and does not preserve "the trust of Allah." In other words, it is as if he is mocking this word and this trust. So, what will he answer his Lord when he stands before Him on the Day of Reckoning?!

 

This is what a Muslim should consider when uttering divorce words, rather than focusing on whether they count as a divorce or not.

 

We are indeed facing a serious problem where divorce words are used extensively without considering their significance, turning it into a common occurrence rather than a last resort. This requires us to pause and earnestly search for solutions.

 

Divorce, as a last resort, means that there should be steps and attempts to reconcile marital life, starting with sincere, open, and conscious dialogue about areas of disagreement, followed by advising the wrongdoer. All of this is based on the methods of reconciliation outlined in the Quran where Allah, The Most Exalted, Says (what means): "As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For God is Most High, great (above you all)." [An-Nisaa`/34].

 

After this, neutral and sincere parties intervene with the intention of making reconciliation between the spouses, as indicated in the Quran verse, it states (What means): "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." [An-Nisa/35].

 

All of these steps are accompanied by awareness from both spouses of each other's needs and the psychological and material circumstances they may be experiencing. There is an understanding that achieving harmony between them takes time because it is not reasonable to expect harmony between two individuals who have lived in different environments: different living standards, behaviors, personalities, priorities, and even in the details of everyday life. They may even differ in the taste of food or the amount of salt they prefer, among other things.

 

Accompanied by awareness of these facts, time is indeed sufficient to fix marital life and achieve harmony. Over the years, couples can reach an advanced stage of harmony, even to the point of near-complete resemblance as far as behaviors and feelings are concerned.

 

If we examine divorce cases, we find that very few of them go through these steps or follow this process. In our time, divorce has become a quick emotional word that spreads rapidly amongst men.

 

The above constitutes a description of a problem that requires a solution, starting with serious efforts to repair people's conscience and sense of morality. The driving force behind human behavior and actions, as well as the words and positions they express, is their internal content or, in other words, their faith-filled conscience. Those whose conscience is filled with faith in all its aspects tend to have disciplined behavior. Conversely, as faith diminishes within, behavior becomes erratic. Therefore, every issue in life is somehow connected to faith, especially the matter we are discussing here: divorce and the words of divorce used by people. What we often find in reality, with this enormous number of divorce cases, is closely connected to a lack of religious conviction and a diminishing sense of God-consciousness among people.

 

How can we repair people's conscience and increase their sense of fearing Allah?!

This is not just a question I claim to have the answer to; rather, it is a general concern that requires a comprehensive project where the efforts of multiple institutions come together. And Allah The Almighty Knows Best.

 

The published article reflects the opinion of its author

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Summarized Fatawaa

What is the ruling on omitting the prostration of recitation?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
The prostration of recitation (Sajdat al-Tilawah) is a Sunnah for both the reader and the listener. There is no sin in omitting it, though doing so results in missing a great reward. Muslim narrated from Abu Hurairah (may Allah be pleased with him) that the Prophet ﷺ said: 'When the son of Adam recites a verse of prostration and prostrates, Shaytan withdraws weeping, saying: "Woe to him! (and in the narration of Abu Kuraib: "Woe to me!") The son of Adam was commanded to prostrate and he prostrated, so Paradise is his; and I was commanded to prostrate and I refused, so the Fire is mine."'
 
Sheikh al-Islam Imam al-Nawawi (may Allah have mercy on him) stated: 'It is recommended to prostrate immediately after reciting or hearing a verse of prostration. If one delays it but the interval is short, he may still prostrate. However, if the interval is long, the opportunity is missed.' [Rawdat al-Talibin Vol.1/P.323].
 
Furthermore, the prostration of recitation becomes obligatory (Wajib) in congregational prayer if the Imam prostrates, out of the necessity of following him. And Allah the Exalted knows best.

Does the 'aqīqah count as valid if it is slaughtered before the seventh day from the birth?

 

 
 
 
 
 

All praise is due to Allah, and may peace and blessings be upon our Master, the Messenger of Allah.
The time during which it becomes permissible to slaughter the 'aqīqah begins from the moment the newborn is fully delivered from its mother's womb.
If the animal is slaughtered prior to the birth, it does not count as an 'aqīqah — it is simply considered an ordinary sheep slaughtered for its meat.
And Allah Almighty knows best.

What is the ruling of Islamic Law regarding one who purchases a sacrificial animal (uḍḥiyah) and it then develops a defect before slaughter?

Praise be to Allah, and peace and blessings upon our master, the Messenger of Allah.
If a defect that invalidates the sacrifice (uḍḥiyah) arises after its purchase — for example, if one purchased a sound, defect-free animal, and it then developed a limp, blindness in one eye, or a similar defect before slaughter — it does not fulfill the requirement of a valid uḍḥiyah, according to the Shāfi'ī school.
It is stated in Asnā al-Maṭālib fī Sharḥ Rawḍ al-Ṭālib (Vol.1/P.535): "Even if the limp develops [in the animal] while the knife is upon it, it still does not fulfill the requirement, because it is lame at the moment of slaughter — this is analogous to a case where a sheep's leg breaks and one hastens to slaughter it [in that condition]."
The Ḥanbalī school, however, held that if the one offering the sacrifice purchased the animal while it was sound and defect-free, and a defect then befell it afterward, the sacrifice remains valid and there is no obligation to replace it.
It is stated in Masā'il al-Imām Aḥmad, one of the Ḥanbalī reference works (Vol.8/P.4021): "I said: If a person purchases the sacrificial animal while it is sound, and it is then afflicted with illness, blindness in one eye, or a broken limb [before slaughter]? He [Imam Aḥmad] said: It is said that it still fulfills the requirement. Isḥāq said likewise, because he purchased it while sound, and the defect befell it only afterward, so it remains sufficient on his behalf." [End of quote]
Accordingly, a sheep afflicted with a defect that invalidates the sacrifice does not fulfill the requirement of a valid uḍḥiyah — whether the defect arose after purchase or during the slaughter itself — according to the Shāfi'ī school. However, there is no objection to following the Ḥanbalī position on this matter [as a valid alternative]. And Allah, the Most High, knows best.

What is the ruling of Islam on swearing by Allah without intending to take an actual oath?

Praise be to Allah, and peace and blessings be upon our Master, the Messenger of Allah.
 
If someone swears by Allah without intending to take an actual oath, and without the firm resolve to bind themselves to it, then there is no sin or expiation (Kaffarah) required of them. Allah the Exalted says {what means}: 'God will not call you to account for thoughtlessness in your oaths, but for the intention in your hearts; and He is Oft-forgiving, Most Forbearing.' [Al-Baqarah/225]. However, a Muslim should avoid swearing oaths excessively so that their tongue does not become accustomed to it. Allah the Exalted says {what means}: 'And make not God’s (name) an excuse in your oaths against doing good, or acting rightly, or making peace between persons; for God is One Who heareth and knoweth all things.
' [Al-Baqarah/224]. And Allah the Exalted knows best."