Shaykh Umar Farooq Saeedi
Benefits and Issues:
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These ahadith are the explanation of the first verse of Surah At-Talaq.
The statement of Allah Almighty: (فطلِّقُوهُنَّ لِعدَّتِهِنَّ) (At-Talaq: 1) “Divorce them at their prescribed period,” meaning during the period of purity (tuhr) in which no intercourse has taken place.
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To give divorce (talaq) during the days of menstruation is against the Sunnah and is an innovation (bid‘ah).
However, if someone gives divorce during these days, it will still take effect.
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In such a case, the one who issued the divorce will be ordered to take the wife back (ruju‘) (however, if someone gives divorce during these days, it will still take effect).
In such a case, the one who issued the divorce will be ordered to take the wife back (ruju‘) (however, it will be counted as one divorce), and the right of taking back (ruju‘) belongs only to the husband, not to the guardian (wali), and this ruju‘ is obligatory.
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Divorce can also be given during the days of pregnancy.
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And only one divorce should be given.
And in its last narration, there is an answer to the narration found in Dar Qutni that Ibn Umar radi Allahu anhu gave three divorces, but that narration is completely weak.
The correct view is that he gave only one divorce.
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And according to everyone, the correct method of divorce is also that only one divorce should be given, not three divorces at once.
To give three divorces at once is, according to everyone, extremely disliked and impermissible. The Prophet sallallahu alayhi wa sallam also expressed severe anger and displeasure at this.
If those giving divorce adopt this method, then there would be no disagreement in this matter at all, nor would there be any need to resort to the cursed practice of halalah as is commonly done.
Because in the case of one divorce, according to everyone, it is permissible to take the wife back during the waiting period (‘iddah), and after the waiting period has passed, it is permissible for them to remarry.
The same two options are permissible in the case of a second divorce as well.
Disagreement arises when a non-shari‘ah method of divorce is adopted and three divorces are given at once.
In this case, the Ahl al-Hadith say that this is one revocable divorce (talaq raj‘i), because by enforcing them all at once, the wisdom and intent of Allah that He mentioned in (at-talaq marratan) is lost.
And others consider them as three and issue a verdict of permanent separation or the cursed halalah.
Therefore, the recommendation of the Islamic Ideology Council is very important, that giving three divorces at once should be declared a punishable offense.
If only some way could be found to implement this.
For now, at the very least, this method can be adopted: in the case of written divorce, both the husband and the scribe (agent, etc.) should be declared offenders and some punitive punishment should be prescribed for this.
This is a practical solution, and by adopting it, it is hoped that gradually people will refrain from the wrong method of divorce.
May Allah Almighty grant some government the ability to solve this important issue in this way.
Ameen.
Source: Sunan Abu Dawood – Commentary by Shaykh Umar Farooq Saeedi, Page: 2183