Islamic Voice A Monthly English Magazine

December 2007
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Our Dialogue

Giving Divorce Before Marriage Is Consummated


Q. When I got married, my wife stayed in her parents’ home. We did not have a wedding and the marriage was not consummated. After six months, at the advice of my parents, I wrote a letter of divorce in three copies, dated on the same date of three consecutive months. As I was to travel abroad, I requested my parents to dispatch them on the due dates. I also wrote that should my wife and her family want a reconciliation before the end of her waiting period, I am prepared to sort things out. My parents dispatched the first two notices of divorce, but four days before the third was due, my wife’s parents got in touch with my parents, and both families met and agreed reconciliation. However, a few days later, her parents said that they needed further time.


Considering all this, has the divorce process been automatically completed, despite the fact that the third letter was not dispatched? I have specified in my letters that any reconciliation should take place during my wife’s waiting period. What are the implications, considering that the marriage was not consummated? Is there a possibility of reunion under Islamic law?


A. Several points are involved in this complicated case. However, I have to point out first that the process resorted to by this reader is full of faults. Islamic divorce is a simple, straightforward process; yet people complicate it largely out of ignorance and partly due to tradition and personal feelings of anger, dismay, etc. This should never be the case. Divorce is a very serious matter, as it ends a family relationship. It is as important as marriage, if not more. Yet we take a long time before we commit ourselves to marriage. Why do people allow themselves little or no time before they embark on divorce? In this particular case, probably the decision to divorce was not taken on the spur of the moment, but often divorce happens in a state of extreme anger. This is absolutely wrong.


The proper process of divorce is simple. When a man wants to divorce his wife, he has to wait until a time when she can start her waiting period. This means that she must not be in her period, nor in a period of cleanliness from menses during which the couple have had sexual intercourse. In either case, they have to wait until she completes her menstrual period. The waiting period, or iddah, lasts until she has had three cycles. During the waiting period the woman remains in her husband’s home, because it is still her home as the Qur’an says. She is to be supported by her husband, but they use separate bedrooms. She is not required to do any housework. If the couple want to reunite during this period, they do not need to take any steps other than express their agreement. If the waiting period lapses and they have not reunited, the woman goes back to her parents’ home and the divorce process is completed. At least two witnesses should be made aware of the divorce. A reunion is possible, but requires a fresh marriage contract. If this whole process is done twice, and the divorce occurs a third time, then she has been divorced three times and no remarriage is possible. As for what is known as halalah or muhallil, involving a one-day marriage to another man, this is a forbidden process, which does not make remarriage possible. It remains unlawful.


In a certain part of the Muslim world, the process of divorce has been made complicated and the way described by the reader is often resorted to. The only difference is that it is normally made verbally, but he had to make it in writing because he was traveling abroad. It involves three divorces over a period of two months, which is supposed to be the waiting period, so as to bring the three divorces allowed to a man together and make the separation final, with no possible return.


As I have said many times, this is against the Prophet’s teachings, and it is forbidden in Islam. When the Prophet was told by one of his companions that he divorced his wife three times, the Prophet was angry. He addressed his companions, saying: “Is God’s book to be trifled with when I am still alive among you?” If the Prophet describes something as “trifling with God’s book”, it follows that it is forbidden. The Prophet told the man that his three divorces counted as one divorce.


This reader’s case has a further point. The divorce has taken place before the marriage has been consummated. This means that no waiting period is required. However, the woman is entitled to half her dowry, if the dowry has been specified. If not, she is entitled to have a gift from her divorcing husband.


Can they re-marry? Yes, certainly. The divorce has taken place, but it is only one divorce. They need a fresh marriage contract, which should specify a new dowry to be paid by the husband to his wife, as the proper Islamic method of marriage requires. However, before anything takes place, the reader should sit with his wife and sort things out properly, in a frank and constructive manner in order to make their future life a happy one.

Women's Deficiency and Quoting Out of Context


Q. I attended a debate recently where some people insisted that Islam treats women as inferior to men. They cited Verse 4: 34 of the Qur’an to say that God has allowed men to beat their wives, and cited a Hadith that suggests that women are deficient in both mind and religion. I am a woman who firmly believes in Islam and that God is absolutely just. Yet I cannot believe that women are inferior to men in either intelligence or religion. Please comment.


A. I am a man and I share your view. Women are absolutely equal to men. There is nothing in God’s book or in the Prophet’s Hadith and Sunnah to suggest otherwise. Yet there are some differences in some of the laws when they apply to men and women, but such differences are only necessitated by the different roles of the two sexes in the family life and in society. Moreover, all these differences give advantage to the woman rather than the man.


However, there is a common notion that Islam treats women as inferior. Unfortunately, the behavior and practices in many Muslim communities today tend to support what the media claim on this issue. Yet this is far from the truth. When we look at what Islam requires of men and women, we find that all duties apply to both in the same way, and they are promised the same reward. There is no special prayer women are asked to do in order to match the reward men receive for their prayers. On the contrary, women are exempt from prayer during their period, yet a woman who attends regularly to her prayers receives her reward for prayer complete, as if she has prayed in full on those days. This is not only for obligatory prayers, but also for the voluntary prayers she normally does. There is no special ritual women or men do during the pilgrimage, to the exclusion of the other sex. They all do the same rituals. How can we say there is a difference in status?


The problem is in people’s minds, not in Islamic teachings. Let us look at the Qur’anic verse and the Hadith in question. God says in the Qur’an: “Men shall take full care of women with the bounties with which God has favored some of them more abundantly than others, and with what they may spend of their own wealth. The righteous women are devout, guarding the intimacy, which God has ordained to be guarded. As for those women from whom you have reason to fear rebellion, admonish them (first); then leave them alone in bed; then beat them. Then, if they pay you heed, do not seek any pretext to harm them. God is indeed most high, great.” (4: 34)


In his translation of God’s book, The Message of the Qur’an, Muhammad Asad writes the following comment, with which I entirely agree: “It is evident from many authentic Traditions (i.e. Hadiths) that the Prophet himself intensely detested the idea of beating one’s wife, and said on more than one occasion, ‘Could any of you beat his wife as he would beat a slave, and then lie with her in the evening?’ (Related by Al-Bukhari and Muslim). According to another Tradition, he forbade the beating of any woman with the words, ‘Never beat God’s handmaidens.’ (Related by Abu Dawood, Al-Nassaie, Ibn Majah and Ahmad). When the above Qur’an-verse authorizing the beating of a refractory wife was revealed, the Prophet is reported to have said: ‘I wanted one thing, but God has willed another thing and what God has willed must be best.’ With all this he stipulated in his sermon on the occasion of the Farewell Pilgrimage, shortly before his death, that beating should be resorted to only if the wife ‘has become guilty, in an obvious manner, of immoral conduct’, and that it should be done ‘in such a way as not to cause pain’. Authentic Traditions to this effect are found in Muslim, Al-Tirmidhi, Abu Dawood, Al-Nassaie and Ibn Majah. On the basis of these Tradition, all the authorities stress that this ‘beating’, if resorted to at all, should be more or less symbolic ‘with a toothbrush, or some such thing’, or even ‘with a folded handkerchief’; and some of the greatest Muslim scholars, (e.g. Al-Shafie) are of the opinion that it is just barely permissible, and should preferably be avoided: and they justify this opinion by the Prophet’s personal feelings with regard to this problem.”


This sums up the point about beating. Yet if you look at this Qur’anic verse, you will see how God praises devout women and makes it clear that men must look after their women taking full care of them. The Prophet provides practical guidance in all aspects of life. He treated his wives and daughters in an exemplary way, never using a harsh word to any of them. When a servant did something that upset him, he said to her: “Had it not been for the fact that I fear God, I would have beaten you with this toothbrush”. Now the servant was totally in the wrong, upsetting the Prophet who was rarely angry at any personal behavior. He told her that, were he to punish her, he would have used only a toothbrush to beat her with. Yet, even then he feared that this might make God angry with him.


In view of all this, can any man justify beating his wife for ordinary misbehavior? That would betray total ignorance of the significance of the text. As for the Hadith speaking of women’s deficiency, it is also quoted out of context. The Prophet was speaking to women on the occasion of Eid, just after the prayer. It was a joyous occasion when the Prophet jested with his audience and made them merry. He then admonished them and urged them to give to charity. He then said: “I have never seen people like you who are deficient in mind and religion yet can turn the mind of a wise man.” When they questioned him on this, he explained that the deficiency in religion is that a woman is not required to pray during her period, and the deficiency in mind is the fact that a woman witness should have another woman with her to remind her in case she forgets. This is not allowed to a man who is a witness. Yet people quote only the words, ‘deficient in mind and religion’, taking them out of context. They do not look at the Prophet’s explanation, nor at the relaxed way he said it, nor at the fact that he was jesting with women. They take these words as final and that they define the basis of how to treat women. How ill advised they are.

Congregations in a Mosque



Q1. In a mosque in our town the followers of the Hanafi and Shafie sects offer their prayers in two congregations, which are held separately but simultaneously, following two imams. Is this allowed?

Q2. Can a childless couple adopt a child? If so, will the child be entitled to inherit the property of the adopting couple?


A1. This is an ugly aspect of ignorance which must be stopped altogether. When a person does not join a congregation, he must have serious doubts about the faith of the imam leading that congregation. If these doubts are based on the fact that the imam belongs to a different school of thought, then this attitude shows how ignorant the person is about the differences between the various schools of thought in Islam. If the two congregations start at the same time, both are invalid. If one starts after the other, then the second is invalid. What we know of the history of Imam El-shafie is that he went to Baghdad where he met with the leading figures of the Hanafi school and discussed important issues with Imam Abu Yussuf and others. As you are aware, Imam Abu Yussuf was the most important figure in the Hanafi school of thought following the death of his mentor, the founder of the school, Imam Abu Hanifa, Imam El-shafie joined the congregation there without any question. What you should try to achieve is for the two imams in your local mosque to learn more about their schools of thought and how they differ from each other. Once they get to know more, they will feel that their attitude is ludicrous.


A2. I have spoken at length recently about adoption and made it absolutely clear that Islam does not allow it. It is forbidden in our faith. However, to bring up an orphan child in an act of charity which will be highly rewarded. But this must not be by way of adoption as such. The person who looks after an orphan should not call him his own child. The child must retain his or her name, and must be called after his or her father.


Since adoption is not allowed altogether, the question of inheritance does not arise. However, if someone raises an orphan child, he can leave him a portion of his property by will. As you know, every person is allowed to bequeath by will up to one-third of his property, but the beneficiaries if his will cannot include any of his heirs.