Thanks for your reply.

I have an objection on your answer regarding the question on divorce. You said that the male spouse has chance whether he carries out his decision of divorce or take it back during a temporary phase. But this thing or opportunity is available only if one divorce or two divorces are given. But, if the all three divorces (which occurs more frequently) are given by a spouse, then nothing will be left and the lady has to leave the house in any case. So, the question is still there.

Salam

Answer

You have correctly pointed-out that the allowance of review and revision of the initial declaration of divorce is available only in case of the first or the second instance of divorce. In case of the third instance of such declaration, the husband does not have a chance to review or to revise his decision. However, when the Qur’an has directed the husband to formalize his decision of divorce by holding witnesses at the time of arriving at his final decision, during or at the end of the waiting period of his wife, this would logically imply that in the case of the third instance of the declaration of divorce – the instance after which the husband does not have the right to review or revise his decision – the husband should hold witnesses either at the time of the declaration itself, or at anytime, within the waiting period of the woman, so that the decision is formalized, as the Qur’an has recommended in the first and the second instance of divorce. This seems to be a natural corollary of the directives of the Qur’an relating to the first and the second instance of the declaration of divorce.

The Qur’an has not given any directives for a situation in which a person declares three divorces to his wife at the same time. This is primarily because of the fact that the Qur’an has given all the necessary details regarding the method of divorce and, according to these stipulations of the Qur’an, the declaration of three divorces in one go is not correct. I agree with you that especially in our society, people generally declare three or more instances of divorce in one go. However, to correct this situation, I am of the opinion that the state should implement laws whereby people are made to comply with the directives of the Shari`ah, while resorting to divorce.

It should further be kept in mind that for the purpose of more effective management of the social affairs and to secure the rights of the concerned individuals, the state should pass a legislation through which it is made legally binding for the individuals to resort to divorce in the method prescribed by the Shari`ah and to get this decision registered under the state law, in the same way as the marriage and Nikah contracts are registered.

I hope this helps.

Regards,

Moiz Amjad

UIUK