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 the ablution of one from whom blood exits from his nose or a wound?

Blood flowing from a wound or a nosebleed does not invalidate ablution. However, performing ablution is recommended to avoid scholarly disagreement with those who make ablution obligatory after blood flows. And Allah the Almighty knows best.

Is it permissible for one who sacrifices on behalf of another, with the latter's permission, to eat from the sacrifice?

It is permissible for someone who sacrificed on behalf of another with their permission to eat from it with their permission, and they stand in their place (act as their representative) in distributing it.
 
It is stated in Nihayat al-Muhtaj ila Sharh al-Minhaj (Vol.8/P.141): "And he—meaning the one sacrificing on his own behalf, provided he has not apostatized—has the right to eat from a voluntary sacrifice and his sacrificial gift; rather, it is recommended. As for an obligatory sacrifice, it is forbidden for him to eat from it, whether it was designated as such initially or as a liability in his dhimmah. And excluded by what has preceded is if he sacrifices on behalf of another, or if he apostatized, then it is not permissible for him to eat from it, just as it is absolutely impermissible to feed a disbeliever from it."(The text I found indicates the impermissibility of eating) ???
 
And it is stated in Hashiyat al-Jamal ‘ala Sharh al-Manhaj (Vol.5/P.262): "If a person offers a sacrifice on behalf of a living person with their permission, does he act as their representative in distributing it—on the grounds that permission to sacrifice is permission to distribute it—or does it depend on their explicit permission? This requires consideration, but the first view is not far-fetched." And Allah the Almighty knows best.

What is the ruling of Islamic Law on the prayer of zawal?

 

All praise is due to Allah, and peace and blessings be upon our master the Messenger of Allah ﷺ.
It is recommended (sunnah) to pray four rakʿāt — either with a single tasleem or as two separate sets of two rakʿāt — immediately following the sun's decline from its zenith (zawāl). This prayer is distinct from the regular Sunnah prayer of Ẓuhr (sunnat al-ẓuhr al-rātibah), as explicitly stated by the Shāfiʿī jurists.
It is mentioned in Nihāyat al-Muḥtāj: "The prayer of zawāl is offered after the sun's decline — so were one to perform it before that, it would not count. It consists of two or four rakʿāt and is distinct from the Sunnah of Ẓuhr, as is evident from the fact that it is mentioned separately after the regular Sunnah prayers, and it becomes a make-up prayer (qaḍāʾ) if a long period of time passes by customary reckoning... Al-ʿAlqamī stated: 'Scholars refer to this as the Sunnah of Zawāl, and it is distinct from the four rakʿāt that constitute the Sunnah of Ẓuhr.' Our shaykh said: Al-Ḥāfiẓ al-ʿIrāqī stated that among those who explicitly affirmed its recommendation was al-Ghazālī in al-Iḥyāʾ, in the chapter on devotional litanies, noting that there is no tasleem between them — meaning there is no break between each pair of rakʿāt."
The time of the sun's decline (zawāl) marks the very beginning of the time for the Ẓuhr prayer.
And Allah the Almighty knows best.

What is the ruling on someone who intends to travel to Jeddah for two days — must he enter iḥrām from his place of residence [i.e., before passing the mīqāt]?

All praise is due to Allah, and peace and blessings be upon our master, the Messenger of Allah ﷺ.
Whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey, it is unlawful for him to pass beyond his country's mīqāt (the designated boundary point for entering the state of iḥrām) without entering iḥrām. If he does so, he must return to the mīqāt to enter iḥrām from there, provided he has not yet begun performing the rites of the pilgrimage — in which case nothing further is required of him. However, if he does not return, he must offer a sacrifice (sheep/goat), to be distributed among the poor of the Ḥaram.
It is stated in at-Tanbīh fī al-Fiqh ash-Shāfi‘ī (p. 71): "Whoever, intending to perform the rites [of ‘Umrah or Ḥajj], passes beyond the mīqāt and enters iḥrām only after it, must offer a sacrifice. However, if he returns to the mīqāt before beginning any of the rites, the sacrifice is waived from him."
Accordingly: whoever is firmly resolved in his intention to perform ‘Umrah before setting out on his journey must enter iḥrām at the mīqāt of his country through which he passes. Whoever fails to do so, passing beyond the mīqāt without entering iḥrām, and does not return, has sinned, and must repent to Allah, the Exalted; and he must offer a sacrifice, to be distributed among the poor of the Ḥaram. And Allah, the Exalted, knows best.