After exhausting all efforts to pursue respectfully with the marriage, Islam permits divorce as a last resort. How does a divorce take place and is triple talaq permissible?
Triple Talaq in Islam
Triple Talaq divorce is a phenomenon that is non-existent in Islam. We often see it in movies and drama where a domineering husband shouts out the talaq words three times to his hostile wife. The triple talaq words are usually uttered in a fit of rage and often regretted afterward.
Prophet Mohammad (PBUH) said: “A divorce is one of those halal, or permitted acts, which is most disliked by God.” (Abu Dawud)
Types of divorce In Islam
There are three types of divorce: (1) Ahsan (most preferred), (2) Sunnah (preferred), and (3) Bid’a (sinful & unlawful innovation).
The Ahsan (most preferred) divorce:
It is to make one pronouncement of divorce to the wife, in an interval between menstruations (Tuhr), in which no intercourse with the wife has taken place. After which she is left until her waiting period (Iddah) is over.
Sunnah (preferred) divorce:
is to pronounce three divorces in three separate intervals of Tuhr, in which no intercourse with the wife has taken place.
The Bid’a (sinful and unlawful innovation):
Divorce consists of either making a pronouncement of divorce during the woman’s menstruation period (Haid) or to pronounce two or three divorces at once or to issue a divorce in a Tuhr (purity) in which intercourse with the wife took place.
Status of triple Talaq in Islam
We can see that, if a man pronounces three divorces at once, Islam considers it an unlawful act. Either by saying: “I give you three divorces” or by saying: “I divorce you” three times. One will be sinful by divorcing his wife in such away.
Halala in Islam:
Islam doesn’t state that a woman can be married to another man for the sake of divorce to marry her first husband. Halala is not permissible to be a pre-planned act. Halala, in that form, is a despicable act as per Islam.
It is then considered a dark manifestation of toxic male entitlement where women are considered second class citizens. This situation depicts the fact that Islam has honored women and preserved their rights of dignity and respect.
Conditions of remarrying the first husband
Religions and laws allow a woman to remarry her first husband. Islam doesn’t allow a woman to be divorced from her second husband, simply to be re-married to her first husband.
Pursuing a marriage with a pre-knowledge of divorce is considered a deception.
That would simply be a pursuit, in many cases, to give adultery, infidelity, and even prostitution, the cover of marriage. And Islam does not give sanction to any of these distasteful acts. It is as simple as that.
Divorce in the Quran
If a husband and wife cannot get along. Two arbitrators, one from each family, should provide counseling in an effort to avert the much-disliked talaq.” (4:35).
“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 gives 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].“ (Al-Baqrah:229)
“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. Anyone 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.” (Al-Talaq: 1)
“Thus when they fulfill their term appointed, either take them back on equitable terms or part with them on equitable terms. And take for witness two persons from among you, endued with justice, and establish the evidence [as] before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He [ever] prepares a way out.” (Al-Talaq: 2)