Source Attribution
This excerpt is taken from the book Three Divorces in One Sitting and Its Shar‘i Solution by Ḥāfiẓ Ṣalāḥ al-Dīn Yūsuf
(Advisor, Federal Shariat Court of Pakistan).
In contrast, the other law is derived from the human intellect, which despite its astonishing capabilities, is not free from deficiency and change. This is because it follows an evolutionary process, progressing from imperfection to relative perfection, and even this perfection is temporary and not absolute. What is considered perfect in one era becomes defective in another due to changing circumstances. This applies equally to man-made laws, regardless of the era or the eminence of the jurists who formulated them.
Despite this obvious truth, the question arises: why, in almost every age, has man-made law been preferred over Allah’s law, and why does this situation persist even today? According to the author, the reason is that after a short period, Allah’s law no longer remained in its original form. Human intellect became involved in it through interpretation and explanation. Consequently, instead of focusing on the universal principles sent by Allah, greater attention was given to jurists’ subsidiary rulings, treating them as immutable like divine principles. This is the current state of Islamic law, including the law of divorce. Allah’s universal law was one thing, but the debates and disputes of rigid imitators and detail-obsessed scholars turned it into something else, as will be explained ahead.
﴿وَأَخَذْنَ مِنْكُم مِّيثَاقًا غَلِيظًا﴾
[An-Nisā’: 21]
Translation:
“And they have taken from you a firm covenant.”
This verse indicates that marriage is fundamentally a social contract between two parties: the man and the woman. Islam strongly emphasizes fulfilling contracts, whether between individuals, nations, or between Allah and His servants. The Qur’an repeatedly commands believers to fulfill their covenants and refrain from breaking them.
Allah says:
﴿وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْئُولًا﴾
[Al-Isrā’: 34]
Translation:
“And fulfill the covenant; surely the covenant will be questioned about.”
Among the key qualities of the righteous mentioned in the Qur’an is faithfulness to covenants:
﴿وَالَّذِينَ هُمْ لِأَمَانَاتِهِمْ وَعَهْدِهِمْ رَاعُونَ﴾
[Al-Mu’minūn: 8]
Translation:
“And those who faithfully observe their trusts and their covenants.”
Allah also says:
﴿بَلَىٰ مَنْ أَوْفَىٰ بِعَهْدِهِ وَاتَّقَىٰ فَإِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ﴾
[Āl ʿImrān: 76]
Translation:
“Yes, whoever fulfills his covenant and fears Allah, then surely Allah loves the God-fearing.”
Even treaties between Muslims and non-Muslims must be honored:
﴿فَمَا اسْتَقَامُوا لَكُمْ فَاسْتَقِيمُوا لَهُمْ﴾
[At-Tawbah: 7]
Translation:
“So long as they remain true to you, remain true to them.”
One of the major reasons the Jews incurred Allah’s displeasure was their habit of breaking covenants:
﴿أَوَكُلَّمَا عَاهَدُوا عَهْدًا نَّبَذَهُ فَرِيقٌ مِّنْهُمْ﴾
[Al-Baqarah: 100]
Translation:
“Is it not that whenever they made a covenant, a group of them threw it aside?”
Therefore, Islamic law adopts utmost caution and prescribes all necessary preventive measures to protect marriage and prevent discord. These measures include:
◈ Islam instructs both men and women to carefully consider marriage beforehand and thoroughly investigate necessary matters. If a man feels the need to see the prospective bride, Shariah permits it through a proper means. Likewise, the guardian of the woman is instructed not to marry her off without her consent. If a girl is married before reaching puberty, Islam grants her the right to annul the marriage upon attaining maturity. This clearly proves that marriage without mutual consent is prohibited in Islam.
◈ No man can claim to be free of faults, nor can any woman. A golden principle of social life is overlooking faults and focusing on virtues. Only through this can marital life function smoothly.
Allah created men and women with differing temperaments, yet made them indispensable to one another. This harmony of opposites is presented in the Qur’an as a sign of Allah’s power:
﴿وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا﴾
[Ar-Rūm: 21]
Translation:
“And among His signs is that He created for you spouses from among yourselves so that you may find tranquility in them, and He placed between you love and mercy.”
Men are instructed to live kindly with their wives:
﴿وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ﴾
[An-Nisā’: 19]
Translation:
“And live with them in kindness.”
Even if something is disliked, Allah may place goodness in it:
﴿فَعَسَىٰ أَنْ تَكْرَهُوا شَيْئًا وَيَجْعَلَ اللَّهُ فِيهِ خَيْرًا كَثِيرًا﴾
[An-Nisā’: 19]
◈ Advising and counseling the wife with patience.
◈ Separation in sleeping arrangements if disobedience continues.
◈ As a last resort, symbolic discipline to prevent divorce (An-Nisā’: 34).
If all efforts fail, arbitration is appointed from both families:
﴿فَابْعَثُوا حَكَمًا مِّنْ أَهْلِهِ وَحَكَمًا مِّنْ أَهْلِهَا﴾
[An-Nisā’: 35]
Only if reconciliation fails does Islam permit separation: divorce for the man and khulʿ for the woman.
﴿الطَّلَاقُ مَرَّتَانِ﴾
[Al-Baqarah: 229]
Translation:
“Divorce is twice; then either retain in kindness or release with good treatment.”
From these verses, the key characteristics of Islamic divorce law are:
① Divorce is spread over time, allowing reflection and reconciliation.
② The right of return (rujūʿ) exists after the first two divorces.
③ Women also have the right of separation through khulʿ.
④ Witnesses are required upon final separation.
Allah says:
﴿وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ﴾
[At-Ṭalāq: 2]
The Prophet ﷺ became angry when informed of a man issuing three divorces at once and said:
“Is the Book of Allah being played with while I am among you?”
The case of Rukānah رضي الله عنه proves that three divorces in one sitting were treated as one:
Likewise, the decision of ʿUmar رضي الله عنه to enforce triple divorce was a temporary administrative ijtihād, not permanent legislation.
◈ One divorce during a state of purity without intercourse.
◈ Waiting through the ʿiddah period.
◈ Option of reconciliation during ʿiddah.
The Prophet ﷺ said:
اَبْغَضُ الْحَلَالِ إِلَى اللَّهِ الطَّلَاقُ
“The most disliked lawful thing to Allah is divorce.”
① Counting it as one revocable divorce, or
② Declaring it invalid and requiring divorce according to Sunnah.
Any other method is an innovation and impermissible.
(Adapted from Monthly Ishrāq, Lahore – February 2006)
This excerpt is taken from the book Three Divorces in One Sitting and Its Shar‘i Solution by Ḥāfiẓ Ṣalāḥ al-Dīn Yūsuf
(Advisor, Federal Shariat Court of Pakistan).
Islamic Law of Divorce
It is an established reality that the Islamic law of divorce holds superiority over all contemporary systems of divorce. The reason for this superiority is absolutely clear. The former is a law based on Divine Revelation, meaning its source is Allah, the All-Knowing and All-Aware, in whose law no alteration or change is possible. According to the laws set by Him, every small and large entity in this universe performs its natural function with perfect harmony and compatibility, without even the slightest conflict or disorder. Every created being bows its head in submission before this Absolute Sovereign.In contrast, the other law is derived from the human intellect, which despite its astonishing capabilities, is not free from deficiency and change. This is because it follows an evolutionary process, progressing from imperfection to relative perfection, and even this perfection is temporary and not absolute. What is considered perfect in one era becomes defective in another due to changing circumstances. This applies equally to man-made laws, regardless of the era or the eminence of the jurists who formulated them.
Despite this obvious truth, the question arises: why, in almost every age, has man-made law been preferred over Allah’s law, and why does this situation persist even today? According to the author, the reason is that after a short period, Allah’s law no longer remained in its original form. Human intellect became involved in it through interpretation and explanation. Consequently, instead of focusing on the universal principles sent by Allah, greater attention was given to jurists’ subsidiary rulings, treating them as immutable like divine principles. This is the current state of Islamic law, including the law of divorce. Allah’s universal law was one thing, but the debates and disputes of rigid imitators and detail-obsessed scholars turned it into something else, as will be explained ahead.
The Status of Nikāḥ (Marriage)
In Islam, marriage holds an extraordinary status and is described as a “firm covenant (mīthāq ghalīẓ)”. Allah the Exalted says:﴿وَأَخَذْنَ مِنْكُم مِّيثَاقًا غَلِيظًا﴾
[An-Nisā’: 21]Translation:
“And they have taken from you a firm covenant.”
This verse indicates that marriage is fundamentally a social contract between two parties: the man and the woman. Islam strongly emphasizes fulfilling contracts, whether between individuals, nations, or between Allah and His servants. The Qur’an repeatedly commands believers to fulfill their covenants and refrain from breaking them.
Allah says:
﴿وَأَوْفُوا بِالْعَهْدِ إِنَّ الْعَهْدَ كَانَ مَسْئُولًا﴾
[Al-Isrā’: 34]Translation:
“And fulfill the covenant; surely the covenant will be questioned about.”
Among the key qualities of the righteous mentioned in the Qur’an is faithfulness to covenants:
﴿وَالَّذِينَ هُمْ لِأَمَانَاتِهِمْ وَعَهْدِهِمْ رَاعُونَ﴾
[Al-Mu’minūn: 8]Translation:
“And those who faithfully observe their trusts and their covenants.”
Allah also says:
﴿بَلَىٰ مَنْ أَوْفَىٰ بِعَهْدِهِ وَاتَّقَىٰ فَإِنَّ اللَّهَ يُحِبُّ الْمُتَّقِينَ﴾
[Āl ʿImrān: 76]Translation:
“Yes, whoever fulfills his covenant and fears Allah, then surely Allah loves the God-fearing.”
Even treaties between Muslims and non-Muslims must be honored:
﴿فَمَا اسْتَقَامُوا لَكُمْ فَاسْتَقِيمُوا لَهُمْ﴾
[At-Tawbah: 7]Translation:
“So long as they remain true to you, remain true to them.”
One of the major reasons the Jews incurred Allah’s displeasure was their habit of breaking covenants:
﴿أَوَكُلَّمَا عَاهَدُوا عَهْدًا نَّبَذَهُ فَرِيقٌ مِّنْهُمْ﴾
[Al-Baqarah: 100]Translation:
“Is it not that whenever they made a covenant, a group of them threw it aside?”
Protection of Marriage
From these verses it becomes clear that Islam gives exceptional importance to covenants and detests their violation. As mentioned earlier, marriage is a mutual agreement between spouses, forming the foundation of a family. Like other social contracts, it can break due to various reasons. However, unlike commercial agreements, the dissolution of marriage is extremely dangerous in its consequences.Therefore, Islamic law adopts utmost caution and prescribes all necessary preventive measures to protect marriage and prevent discord. These measures include:
◈ Islam instructs both men and women to carefully consider marriage beforehand and thoroughly investigate necessary matters. If a man feels the need to see the prospective bride, Shariah permits it through a proper means. Likewise, the guardian of the woman is instructed not to marry her off without her consent. If a girl is married before reaching puberty, Islam grants her the right to annul the marriage upon attaining maturity. This clearly proves that marriage without mutual consent is prohibited in Islam.
◈ No man can claim to be free of faults, nor can any woman. A golden principle of social life is overlooking faults and focusing on virtues. Only through this can marital life function smoothly.
Allah created men and women with differing temperaments, yet made them indispensable to one another. This harmony of opposites is presented in the Qur’an as a sign of Allah’s power:
﴿وَمِنْ آيَاتِهِ أَنْ خَلَقَ لَكُم مِّنْ أَنفُسِكُمْ أَزْوَاجًا﴾
[Ar-Rūm: 21]Translation:
“And among His signs is that He created for you spouses from among yourselves so that you may find tranquility in them, and He placed between you love and mercy.”
Men are instructed to live kindly with their wives:
﴿وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ﴾
[An-Nisā’: 19]Translation:
“And live with them in kindness.”
Even if something is disliked, Allah may place goodness in it:
﴿فَعَسَىٰ أَنْ تَكْرَهُوا شَيْئًا وَيَجْعَلَ اللَّهُ فِيهِ خَيْرًا كَثِيرًا﴾
[An-Nisā’: 19]Stages Before Divorce
Due to ignorance and incorrect guidance, many Muslims hastily resort to divorce, which is a clear violation of Islamic law. Islam uniquely emphasizes gradualism in divorce. Before divorce, several stages must be followed:◈ Advising and counseling the wife with patience.
◈ Separation in sleeping arrangements if disobedience continues.
◈ As a last resort, symbolic discipline to prevent divorce (An-Nisā’: 34).
If all efforts fail, arbitration is appointed from both families:
﴿فَابْعَثُوا حَكَمًا مِّنْ أَهْلِهِ وَحَكَمًا مِّنْ أَهْلِهَا﴾
[An-Nisā’: 35]Only if reconciliation fails does Islam permit separation: divorce for the man and khulʿ for the woman.
Law of Divorce in the Qur’an
Allah says:﴿الطَّلَاقُ مَرَّتَانِ﴾
[Al-Baqarah: 229]Translation:
“Divorce is twice; then either retain in kindness or release with good treatment.”
From these verses, the key characteristics of Islamic divorce law are:
① Divorce is spread over time, allowing reflection and reconciliation.
② The right of return (rujūʿ) exists after the first two divorces.
③ Women also have the right of separation through khulʿ.
④ Witnesses are required upon final separation.
Allah says:
﴿وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ﴾
[At-Ṭalāq: 2]Three Divorces in One Sitting
According to the Ḥanafī school, issuing three divorces at once results in irrevocable separation. However, Ahl al-Ḥadīth and Imāmiyyah hold that three divorces in one sitting count as one revocable divorce. The author states this view is correct and consistent with the Qur’an.The Prophet ﷺ became angry when informed of a man issuing three divorces at once and said:
“Is the Book of Allah being played with while I am among you?”
Reference: Sunan an-Nasā’ī: 3430
The case of Rukānah رضي الله عنه proves that three divorces in one sitting were treated as one:
Reference: Musnad Aḥmad: 1/265
Likewise, the decision of ʿUmar رضي الله عنه to enforce triple divorce was a temporary administrative ijtihād, not permanent legislation.
Correct Method of Divorce
The Sunnah method is:◈ One divorce during a state of purity without intercourse.
◈ Waiting through the ʿiddah period.
◈ Option of reconciliation during ʿiddah.
The Prophet ﷺ said:
اَبْغَضُ الْحَلَالِ إِلَى اللَّهِ الطَّلَاقُ
“The most disliked lawful thing to Allah is divorce.”
Reference: Sunan Abī Dāwūd: 2178
Return to the Sunnah
If someone issues three divorces at once, he should be returned to the Sunnah, either by:① Counting it as one revocable divorce, or
② Declaring it invalid and requiring divorce according to Sunnah.
Any other method is an innovation and impermissible.
(Adapted from Monthly Ishrāq, Lahore – February 2006)
