In
the Name of Allah, the Gracious, the Merciful
Like in الربا (Ar-Riba), in this word الطلاق (Attalaq)
too, there is this prefix of ال. This prefix gives طلاق its special Qur'aanic
meaning/definition. It is, I submit, as under:
It is the declaration of the husband's intent
(عزم), seriously - and not jokingly or in a fit of anger
- communicated to his wife. It is the intention that matters, and not
the number of declarations - once, twice or thrice, made at one go or at an
interval of one month - of the same intention. Once this communication is made,
the wife becomes مطلقه (divorced) and the first الطلاق happens.
There is a waiting period (عدت) prescribed
for the مطلقه. The عدت in the case of an unconsummated marriage is
nil, and in cases of consummated marriages, it is 3 menstrual periods
or 3 months. For a pregnant مطلقه, it is till delivery.
During the عدت the couple can resort to
امساك (reconciliation). And even after the عدت is over, they can remarry.
Then the intent, in husband's mind, of divorce gets wiped out, but, let me
repeat, the fact, that first الطلاق has happened, does not get wiped
out. If, after lapse of some time then, the couple's mutual relationship again
gets so bad that the husband's intent to divorce her reemerges and he
communicates that intent to her, then it is counted as الطلاق No.
2!
But if امساك does not happen and
the مطلقه has to leave the husband's house, her leaving ought to be باحسان
(done with kindness). Nothing that the husband had given her, as his wife,
should be taken back from her, except when all concerned (the husband, the
wife, and their respective families) agree that the divinely laid down norm of
not taking anything back from the مطلقه cannot be adhered to, she may give
up any of those things given her, to facilitate the divorce taking effect. This
exception also is within the divinely laid-down limits, and no blame of
committing any sin, for availing it, lies on either the husband or the
wife, and therefore there is no question of imposing any
penalty/restriction on either of them.
So, الطلاق is the divorce in which all
the conditionals mentioned above are fulfilled. الطلاق is permitted only
twice (الطلاق مرتان), which fact has also been reiterated in the Qur'aan, in
its unique mathematical way of mentioning the word الطلاق only twice in
the entire Scripture. Third time, the divorce becomes irreversible and goes
outside the scope of الطلاق.
May Allah Almighty guide Muslims to His
correct Path,
