Originally Posted by
usman.khawar
There are some missconceptions about divorce in Islam.
The view which u stated above about divorce is represented by a few sects. This view was set in the era of 2nd Caliph Hazrat Omer who took an administrator order due to the fact that men were dominating women by making them in constant panic. Three times saying in one time become final divorce but before him it was not like that.
Woman is also given the right to take divorce from man known as “Khulaa” if she is not happy with him.
Before his era, there was a process of divorce. Before telling the process I must say that we have popular sayings in Islam that divorce is that legal action which is not appreciated by God. So in Islam due to this process mostly people come back from their decisions of divorce. In the process of divorce, In Muhammad’s era and in 1st Caliph’s era, three or more times saying of the word divorce was consider as one even if a man say 10 times at a time. After giving 1st divorce, one has to wait for 4 periods of women to make 2nd divorce. Then once again after 2nd one has to wait for the same time for final divorce. Moreover if some woman is in her periods no man was allowed to give divorce. After completion the process of divorce, God orders Man to send woman back in very good manners giving some gifts or something.
Chapter At-Talaq:. Verse 1. “O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: And fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah. and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.”
Verse 4 : . Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.
Verse6: 6 . Let the women live (in 'iddat) in the same style as ye live, according to your means: Annoy them not, so as to restrict them. And if they carry (life in their wombs), then spend (your substance) on them until they deliver their burden: and if they suckle your (offspring), give them their recompense: and take mutual counsel together, according to what is just and reasonable. And if ye find yourselves in difficulties, let another woman suckle (the child) on the (father's) behalf.
Man makes woman in continues fear of separation by saying 1st divorce and then in waiting time taking it back. Due to this very reason 2nd Caliph made this administrator order that three times divorce in one time would be considered final. But we see that Era is changed now again. Now we have choices. We can follow any one of the true companions of Muhammad we want to. In the time when Quran was revealing that era was very simple as Islam is. If we want to understand Islam we have to see how the companions of Muhammad understand that. Where is my view is concern i'would try to follow what was common in Muhammad's era also define in Quran:
Chapter Baqra : 228 . Divorced women shall wait concerning themselves for three monthly periods.Nor is it lawful for them to hide what Allah Hath created in their wombs, if they have faith in Allah and the Last Day.And their husbands have the better right to take them back in that period, if they wish for reconciliation.And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them.And Allah is Exalted in Power, Wise.
229 . A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness.It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah.If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom.These are the limits ordained by Allah.so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others).
Thanks and Regards