MATTERS PERTAINING TO DIVORCE AND TALAQ –

IT IS AGAINST  ALLAH (SwT) COMMAND FOR DIVORCE WITH THREE TALAQ AT ONCE

الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ۗ وَلَا يَحِلُّ لَكُمْ أَنْ تَأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حُدُودَ اللَّهِ ۖ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ ۗ تِلْكَ حُدُودُ اللَّهِ فَلَا تَعْتَدُوهَا ۚ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ {2:229}

[Q2:229] Attalaaqu marrataani fa imsaakum bima'roofin aw tasreehum bi ihsaan; wa laa yahillu lakum an taakhuzoo mimmaaa aataitumoohunna shai'an illaaa ai yakhaafaaa alla yuqeemaa hudoodallahi fa in khiftum allaa yuqeemaa budoodal laahi falaa junaaha 'Alaihimaa feemaf tadat bihee tilka hudoodul laahi falaa ta'tadoohaa; wa mai yata'adda hudoodal laahi fa ulaaa'ika humuzzaa limoon.

[Q2:229] Divorce may be (pronounced) twice, then keep (them) in good fellowship or let (them) go with kindness; and it is not lawful for you to take any part of what you have given them, unless both fear that they cannot keep within the limits of ALLAH (SWT); then if you fear that they cannot keep within the limits of ALLAH (SWT), there is no blame on them for what she gives up to become free thereby. These are the limits of ALLAH (SWT), so do not exceed them and whoever exceeds the limits of ALLAH (SWT) these it is that are the unjust.

[Q2:229] Talak (yang boleh dirujuk kembali itu hanya) dua kali. Sesudah itu bolehlah ia (rujuk dan) memegang terus (isterinya itu) dengan cara yang sepatutnya atau melepaskan (menceraikannya) dengan cara yang baik dan tidaklah halal bagi kamu mengambil balik sesuatu dari apa yang telah kamu berikan kepada mereka (isteri-isteri yang diceraikan itu) kecuali jika keduanya (suami isteri takut tidak dapat menegakkan aturan-aturan hukum ALLAH (SwT). Oleh itu kalau kamu khuatir bahawa kedua-duanya tidak dapat menegakkan aturan-aturan hukum ALLAH (SwT), maka tidaklah mereka berdosa – mengenai bayaran (tebus talak) yang diberikan oleh isteri untuk menebus dirinya (dan mengenai pengambilan suami akan bayaran itu). Itulah aturan-aturan hukum ALLAH (SwT) maka janganlah kamu melanggarnya; dan sesiapa yang melanggar aturan-aturan hukum ALLAH (SwT), maka mereka itulah orang-orang yang zalim.

"Divorce may be pronounced twice". These two pronouncements can be revoked. It is an effective check to prevent divorce on account of emotional outbursts and high-handedness of a husband who may recover his balance of mind and reconsider his unreasonable pronouncement.

BEFORE ISLAM, a man could divorce his wife as many times as he liked and take her back. To stop this absurd farce, only two revocable pronouncements of Talaq have been prescribed by Islam. After the third announcement, the Talaq is complete and becomes irrevocable.

Even after Talaq the husband has to treat the divorced wife with kindness. IT IS NOT LAWFUL for the husband to take back or withhold any part of what he has given to his wife or promised to give her as mahar (dowry).

»    "What she gives up to become free" refers to khula or mubarat, the recourse a wife can avail to obtain separation, explained above, by the arbitration of the hakim sharah or mujtahid, by returning the dowry if she has taken it in advance, or by foregoing it.

»    "If you fear" refers to the lawfully constituted religious authority - hakim sharah or mujtahid. If the husband revokes his decision he must keep his wife in good relationship and honour, and respect her.

THE PRONOUNCEMENT OF TALAQ MORE THAN ONCE AT A TIME IS MEANINGLESS IN VIEW OF THE "DIVORCE MAY BE PRONOUNCED TWICE" (THE OPENING WORDS OF THIS VERSE) BECAUSE IT STIPULATES CHANCES OF RECONCILIATION AFTER THE FIRST, AND IF NOT, AFTER THE SECOND PRONOUNCEMENT.

Ì  As mentioned in verse 9:97 of al Barat, "these are the limits of ALLAH (SWT)", are the divine commandments.

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(2:229) Divorce may be pronounced twice; then either the wife be kept honourably or parted with gracefully. *250 And it is not lawful for you to take back anything out of what you have given them. *251 There is, however, an exception to this; if you fear that they might not be able to keep within the limits imposed by Allah, there is no harm if both agree mutually that the wife should obtain divorce by giving something as compensation to the husband. *252 These are the bounds set by Allah; therefore do not violate them, for those who violate the bounds of AIIah are the tansgressors.

*250. This little verse aims at the reform of a serious evil that was rampant in the social life in pre-Islamic Arabia. According to the customary law of Arabia, a person was entitled to pronounce any number of divorces upon his wife. As a result divorce was resorted to at the least provocation and annoyance. In addition, the husband often exercised his right to revoke the divorce he had pronounced with the result that the poor wife could neither live with him in happiness nor free herself to contract a fresh marriage with someone else. Here the Qur'an seeks to shut the door on this injustice. According to this verse, A MAN MAY PRONOUNCE REVOCABLE DIVORCE UPON HIS WIFE NOT MORE THAN TWICE. SHOULD HE PRONOUNCE DIVORCE FOR THE THIRD TIME AFTER REVOKING IT TWICE, THE WIFE WILL BE PERMANENTLY ALIENATED FROM HIM.
The appropriate procedure for divorce, according to the Qur'an and Hadith, is that a person should pronounce one divorce outside the time of the wife's menstrual period. After the first divorce he may pronounce a second in the next clear period if he wants to, though it is preferable that he should confine himself to pronouncing the first. In this case the husband retains the right to revoke the divorce at any time before the lapse of the period of waiting ('iddah) even if the period of waiting has lapsed, the couple have the right to recontract the marriage by mutual consent. If the husband, however, pronounces divorce in his wife's third clear period he has no right to revoke the divorce, and the spouses are not entitled to recontract the marriage. THE PRONOUNCING OF TRIPLE DIVORCE IN ONE SESSION IS A HIGHLY SINFUL ACT ACCORDING TO THE LAW, AND THE PROPHET HAS STRONGLY DENOUNCED IT. (See Nasii, 'Talaq', 6 - Ed.) It has even been established that 'Umar used to flog those who pronounced triple divorce in one session. Although this procedure of divorce is considered sinful, the founders of the four legal schools consider it to have legal effect, with the result that such divorce, in their view, becomes absolutely irrevocable. 
*251. This refers to the mahr (bridal gift) and the jewellery, clothes and so on which the husband offers as a gift to his wife, and to which he has no right of reclaim. It is, indeed, normally inconsistent with Islamic ethics that a person should reclaim anything he has made over to another by way of donation or gift. In the Hadith this disgraceful act is likened to a dog licking its own vomit. (See Bukhari, 'Hibah', 30; Nasiii, 'Hibah', 3, etc. - Ed.)
In the case of a husband, in particular, it is a matter of the utmost disgrace that, at the time of saying farewell to his divorced wife he should try to dispossess her of what he had once given her out of his own goodwill. On the contrary, the morals that Islam seeks to cultivate require that at the time of parting the husband ought to present her with a farewell gift. (See verse 241 below.) 
*252. In the terminology of Islamic Law this is known as khul', i.e. a woman's securing the annulment of her marriage through the payment of some compensation to her husband. Whatever settlement is made between a husband and wife should come into effect. If the matter is referred to the court, however, it will investigate only whether the wife has really become too disgusted with the husband to put up with him. (For the Traditions on the basis of which the author concludes this see the commentaries on this verse in Ibn Kathir and Qurtubi, see especially the latter, vol. 2, pp. 946-8 - Ed.) Once this is determined the court is entitled to fix the amount of payment incumbent on the wife as compensation for the repudiation of her marriage, and the husband will be bound to accept that amount and divorce his wife. In general, the jurists believe that the payment, thus fixed, should not be higher than the original mahr paid by the husband.
The divorce that comes into effect is irrevocable and brings separation into effect immediately. Since the woman has paid compensation, she has in effect purchased the right of repudiation and the husband, therefore, has ceased to have the right to revoke the divorce. If, however, the spouses agree to recontract marriage, they may do so.
According to the majority of jurists the period of waiting under khul' is the same as under divorce. However, there are several Traditions in Abu Da'ud, Tirmidhi, Ibn Majah, etc., which show that the Prophet fixed the period of waiting at one menstrual period, and that 'Uthman applied this in a case which he decided. (See Ibn Kathir's commentary on the verse.) 

فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ حَتَّىٰ تَنْكِحَ زَوْجًا غَيْرَهُ ۗ فَإِنْ طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَنْ يَتَرَاجَعَا إِنْ ظَنَّا أَنْ يُقِيمَا حُدُودَ اللَّهِ ۗ وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ {2:230}

[Q2:230] Fa in tallaqahaa falaa tahillu lahoo mim ba'du hattaa tankiha zawjan ghairah; fa in tallaqahaa falaa junaaha 'alaihimaaa ai yataraaja'aaa in zannaaa ai yuqeemaa hudoodal laa; wa tilka hudoodul laahi yubaiyinuhaa liqawminy ya'lamoon.

[Q2:230] So if he divorces her she shall not be lawful to him afterwards until she marries another husband; then if he divorces her there is no blame on them both if they return to each other (by marriage), if they think that they can keep within the limits of ALLAH (SWT), and these are the limits of ALLAH (SWT) which He makes clear for a people who know.

[Q2:230] Sesudah (diceraikan dua kali), itu jika diceraikan pula (bagi kali yang ketiga) maka perempuan itu tidak halal lagi baginya sesudah itu, sehingga ia berkahwin dengan suami yang lain. Setelah itu kalau ia diceraikan (oleh suami baharu itu dan habis idahnya), maka mereka berdua (suami lama dan bekas isterinya) tidaklah berdosa untuk kembali (maskahwin semula), jika mereka kuat menyangka akan dapat menegakkan aturan-aturan hukum ALLAH (SwT) dan itulah aturan-aturan hukum ALLAH (SwT), diterangkannya kepada kaum yang (mahu) mengetahui dan memahaminya.

AFTER THE THIRD, FINAL AND IRREVOCABLE PRONOUNCEMENT OF DIVORCE the husband cannot take his divorced wife back UNTIL she marries another man AND the next husband agrees to divorce her. [*] THIS IS A SUFFICIENT REASON TO CONCLUDE THAT ALL THE THREE PRONOUNCEMENTS OF TALAQ CANNOT BE SAID AT ONE TIME.

õ  The consequences of the third pronouncement check indiscriminate pronouncement of Talaq.

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(2:230) And if the husband divorces his wife (for the third time), she shall not remain his lawful wife after this (absolute) divorce, unless she marries another husband and the second husband divorces her. *253 (In that case) there is no harm if they re-marry, provided that the woman and her first husband are convinced that they will be able to keep within the bounds fixed by Allah. And these are Allah's bounds, which He makes clear for the guidance of those who know (the consequences of transgression).

*253. It is known from authentic Traditions that it is totally illegitimate for a person to arrange the marriage of his divorced wife with someone else on the understanding that the latter wil divorce her to make it possible for the former husband to recontract marriage with that woman. Such trickery would in fact be an act of sheer sexual corruption and would not render the woman liable to remarriage with her former husband. According to a Tradition transmitted from 'Ali, Ibn Mas'ud, Abu Hurayrah and 'Uqbah ibn 'Amir, the Prophet pronounced his curse on those who arrange, as well as on those who agree to contract, such fictitious marriages. (See Muslim. 'Talaq', l5, 71; Nasa'i, 'Talaq', 8; Ahmad b. Hanbal, Musnad, vol. 1, P. 314 and vol. 5, p. 334; Al-Muwatta', 'Talaq', 27; Abu Da'ud. 'Talaq'. 10 - Ed.)

وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ ۚ وَلَا تُمْسِكُوهُنَّ ضِرَارًا لِتَعْتَدُوا ۚ وَمَنْ يَفْعَلْ ذَٰلِكَ فَقَدْ ظَلَمَ نَفْسَهُ ۚ وَلَا تَتَّخِذُوا آيَاتِ اللَّهِ هُزُوًا ۚ وَاذْكُرُوا نِعْمَتَ اللَّهِ عَلَيْكُمْ وَمَا أَنْزَلَ عَلَيْكُمْ مِنَ الْكِتَابِ وَالْحِكْمَةِ يَعِظُكُمْ بِهِ ۚ وَاتَّقُوا اللَّهَ وَاعْلَمُوا أَنَّ اللَّهَ بِكُلِّ شَيْءٍ عَلِيمٌ {2:231}

[Q2:231] Wa izaa tallaqtumun nisaaa'a fabalaghna ajala hunna fa amsikoohunna bima'roofin law sarrihoo hunna bima'roof; wa laa tumsikoo hunna diraa rallita'tadoo; wa mai yaf'al zaalika faqad zalama nafsah; wa laa tattakhizooo aayaatillaahi huzuwaa; wazkuroo ni'matal laahi 'alaikum wa maaa anzala 'alaikum minal kitaabi wal ikmati ya'izukum bih; wattaqul laaha wa'lamooo annal laaha bikulli shai'i 'Aleem.

[Q2:231] And when you divorce women and they reach their prescribed time, then either retain them in good fellowship or set them free with liberality, and do not retain them for injury, so that you exceed the limits, and whoever does this, he indeed is unjust to his own soul; and do not take ALLAH (SWT)'s communications for a mockery, and remember the favor of ALLAH (SWT) upon you, and that which He has revealed to you of the Book and the Wisdom, admonishing you thereby; and be careful (of your duty to) ALLAH (SWT), and know that ALLAH (SWT) is the Knower of all things.

[Q2:231] Dan apabila kamu menceraikan isteri-isteri (kamu) kemudian mereka (hampir) habis tempoh idahnya maka bolehlah kamu pegang mereka (rujuk) dengan cara yang baik atau lepaskan mereka dengan cara yang baik. Dan janganlah kamu pegang mereka (rujuk semula dengan maksud memberi mudarat, kerana kamu hendak melakukan kezaliman (terhadap mereka); dan sesiapa yang melakukan demikian maka sesungguhnya dia menganiaya dirinya sendiri. dan janganlah kamu menjadikan ayat-ayat hukum ALLAH (SwT) itu sebagai ejek-ejekan (dan permainan). Dan kenanglah nikmat ALLAH (SwT) yang diberikan kepada kamu, (dan kenanglah) apa yang diturunkan kepada kamu iaitu Kitab (Al-Quran) dan ilmu hikmat, untuk memberi pengajaran kepada kamu dengannya. Dan bertaqwalah kepada ALLAH (SwT) serta ketahuilah: sesungguhnya ALLAH (SwT) Maha Mengetahui akan tiap-tiap sesuatu.

A HUSBAND HAS THE RIGHT TO DIVORCE HIS WIFE BUT HE CANNOT ABUSE HER OR REFUSE TO PAY HER DUES. Whoever does this, exceeds the limits (disobeys ALLAH (SWT)'s commandments). **He must set her free with kindness and **give her all her entitlements. THE LAWS OF ALLAH (SWT) SHOULD NOT BE TAKEN IN MOCKERY. IT SHOWS HOW SERIOUS IS THE MATTER OF DIVORCE.

ß  THERE ARE PRESCRIBED LAWS IN ISLAM, yet people (men and women) have the freedom to act according to their conscience; AND IF they are mindful of the fact that ALLAH (SWT) is the knower of all things, **they shall not go astray and **do injustice to their own souls.

The non-Shia schools do not observe the restrictions given in these verses in the matter of divorce.

"It may not even be properly expressed in words at all. This is admitted to be irregular but is not the less effective. *One form of making a divorce irrevocable, the pronouncing of it thrice, one in each "tubr" (period of woman's purity) is allowed to be regular by Hanafis though condemned in the matter of intention. *If a man pronounces a divorce whilst in a state of inebriety from drinking fermented liquor, such as wine, the divorce takes place. *Repudiation by any husband who is sane and adult is effective, whether he be free or slave, willing or acting under compulsion; *and even though it were uttered in sport or jest, or by mere slip of the tongue instead of some other word." (Fatwas Alamgiri - cited by Hughes)

No doubt the Islamic law of divorce has been criticised as contemptible and ridiculous.

THE SHIA SCHOOL CONDEMNS ALL IRREGULAR FORMS OF DIVORCE. For Shias it is necessary [1] that the man who pronounces a divorce be *an adult, *sane and *free in his choice, *will, *design and *intention. [2] It does not take effect if given implicatively or ambiguously, even if there is intention. According to the teachings of the holy Imams, [3] it is also absolutely necessary that the pronouncement must be made by the husband in the presence of two just witnesses; non-fulfilment of this condition renders the divorce null and void. [4] If the husband pronounces the divorce, in an irregular manner, even a hundred times, the woman remains his wife. (For details see books of fiqh).

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(2:231) And when you have divorced your wives and they are about to complete their prescribed term, then either retain them gracefully or release them generously. It is transgression to retain them merely for harassment; and whoever' does that indeed wrongs his own self. *254 Do not play with Allah's Commandments, and remember that Allah has blessed you with a great favour. He admonishes you to show due respect to the Book and the Wisdom He has sent to you. *255 Fear Allah and know that He is fully aware of everything.

*254. It is absolutely improper that a person should revoke the divorce he pronounced on his wife before the lapse of the period of waiting merely in order to use this revocation as a pretext to harass and torment her . God commands that if a person revokes the divorce this decision should be prompted by a sincere desire to live together amicably. Should that intention be lacking, it is better to part company in a graceful manner (see further n. 250 above). 
*255. Muslims should not forget that by teaching them the Book and Wisdom, God entrusted them with the glorious task of guiding the world. They should also not forget that they were appointed the 'community, of the middle way' and appointed as witnesses to good and righteousness (see verse 143 above). It does not become them, therefore, to indulge in sophistry and to play with the verses of the Book of God, to exploit the words of the Law to their advantage in achieving ends counter to its spirit, and to slump into injustice and other evil behaviour instead of directing the world to the Right Way. 

وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَنْ يَنْكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُمْ بِالْمَعْرُوفِ ۗ ذَٰلِكَ يُوعَظُ بِهِ مَنْ كَانَ مِنْكُمْ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۗ ذَٰلِكُمْ أَزْكَىٰ لَكُمْ وَأَطْهَرُ ۗ وَاللَّهُ يَعْلَمُ وَأَنْتُمْ لَا تَعْلَمُونَ {2:232}

[Q2:232] Wa izaa tallaqtumun nisaaa'a fabalaghna ajalahunna falaa ta'duloo hunna ai yankihna azwaaja humna izaa taraadaw bainahum bilma' roof; zaalika yoo'azu bihee man kaana minkum yu'minu billaahi wal yawmil aakhir; zaalikum azkaa lakum wa athar; wallaahu ya'lamu wa antum laa ta'lamu wa antum laa ta'lamoon.

[Q2:232] And when you have divorced women and they have ended-- their term (of waiting), then do not prevent them from marrying their husbands when they agree among themselves in a lawful manner; with this is admonished he among you who believes in ALLAH (SWT) and the last day, this is more profitable and purer for you; and ALLAH (SWT) knows while you do not know.

[Q2:232] Dan apabila kamu menceraikan isteri-isteri (kamu), lalu habis masa idah mereka ‘maka janganlah kamu (wahai wali-wali nikah) menahan mereka daripada berkahwin semula dengan (bekas) suami mereka, apabila mereka (lelaki dan perempuan itu) bersetuju sesama sendiri dengan cara yang baik (yang dibenarkan oleh Syarak). Demikianlah diberi ingatan dan pengajaran dengan itu kepada sesiapa di antara kamu yang beriman kepada ALLAH (SwT) dan hari akhirat. Yang demikian adalah lebih baik bagi kamu dan lebih suci. Dan (ingatlah), ALLAH (SwT) mengetahui (akan apa jua yang baik untuk kamu) sedang kamu tidak mengetahuinya.

AFTER THE *FIRST OR *SECOND TALAQ, if both the husband and wife agree to be reunited, in a lawful manner, they are allowed to do so. the woman has a right to take her own decision. Her relatives or guardians are warned not to prevent her in any way from exercising her rights.

Ä  EVEN THOUGH the period of waiting may elapse, the husband can marry the divorced wife, if the third irrevocable Talaq has not been pronounced.

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(2:232) When you have divorced your wives absolutely and they have completed their prescribed term, then you should not prevent them from marrying their prospective husbands, if they mutually agree to marry each other in a lawful way. *256 You are enjoined not to commit such an offence,if you sincerely believe in Allah and the Last Day. It is most decent and pure for you to desist from this; Allah knows and you do not know.

*256. This is a directive to the relatives of the divorced woman. When a woman is divorced by her husband and he fails to revoke the divorce before the expiry of the waiting period, the relatives of the woman should not try to prevent the couple from re-marrying if they agree to do so. This verse may also be interpreted to mean that if a divorced woman wants to contract marriage with someone other than her former husband after the expiry of the waiting period, the former husband should not obstruct this marriage by making malicious propaganda against the woman he has forsaken.
That is an admonition to every one of you who believes in Allah and the Last Day; that is a cleaner and purer way for you. For Allah knows whereas you do not know.