Topic 28:
Majority in Sunni Islam considers Triple Talaaq (Divorce) in one instance as valid. Shia Islam considers it illegal (Haraam). Triple Talaq is when a Sunni husband divorces his wife by simply pronouncing the word ‘Talaaq/ Divorce’ three times in front of his wife, with or without intention to do so, with or without witnesses. In Shia Islam this form of Talaaq (Divorce) is illegal (Haraam).
Such a Talaaq (Divorce) was a pagan Arab custom which was made forbidden by Prophet Mohammed upon his followers. However, Umar son of Khattab the second caliph later considered it valid during third year of his reign. Shia don’t recognize Umar Khattab as an authority in Islam, thus also, consider such validation by Umar Khattab as illegal.
Majority in Sunni Islam considers uttering word ‘Talaaq’ three times in a single instance to wife, regardless of intention, joke, anger, compulsion, haste, witnesses; by a husband as legal. For reunion with same husband such divorced wives need to observe waiting period (3 months) then undergo ‘Halaala’. ‘Halaala’ is an Islamic law which forbids reunion between divorced couple, before wife remarries another man and gets irrevocable divorce from the latter and observes waiting period (3 months).
Mere utterance of word ‘Talaaq/ divorce’ to wife, how does it conveys whether ‘Talaq’ is given or ‘Talaaq’ is not given? How could this confusion be removed by that mere pronunciation of word ‘Talaaq’ in Sunni Islam’s majority; as to whether Talaaq is given or Talaaq is not given, Talaaq would be given or Talaaq would be thought over, Talaaq would happen or Talaaq must be decided etc? Shia Islam has no such ambiguity.
Absence of witnesses, state of anger, being under compulsion, being drunk, done as joke are no excuse, and divorce gets executed in majority of Sunni jurisprudence; remorse felt by husband or both don’t make any revoke on divorce.
Shia Islam consider it forbidden (Haraam); this whole custom of triple talaaq (divorce) in one instant. Shia rules require triple talaaq (divorce) for irrevocable divorce, but not in one instance. Shia need minimum three menstruation cycles of wife to get divorced. Only one talaaq (divorce) could be pronounced in one monthly cycle of wife.
Shia Islam also requires two trustworthy witnesses each time for each divorce to be valid. Shia Islam also requires proper divorce formula “my wife xyz is divorced”, to be properly pronounced to wife by husband or his representative for divorce to be valid.
Shia Islam considers all divorces which were pronounced without intention, in compulsion, or as jokes etc as invalid, and does not amount to divorces. Shia Islam also does not allow divorce to be pronounced if husband has had sexual intercourse with his wife during that menstrual cycle.
After each revocable divorce husband can nullify the revocable divorce by taking back his wife in marital tie through indulging in sexual intercourse with his wife. It is only after third irrevocable divorce that divorce happens in Shia Islam.
Shia Islam considers divorce as legal but makes it difficult up to the required level, wherein grievances could be wiped out, anger could subside, and marriage and family could be saved. Irrevocable divorce in majority of Sunni Islam could happen in few seconds; where as in Shia Islam it requires minimum three menstrual cycles.
In case of marriage (Nikah) witnesses are not required in Shia Islam, it also allows temporary marriage (Mutah), and this makes Shia marriages easier as compared to Sunni marriages.
Interestingly, divorce in Shia Islam as it requires two witnesses in each instance and minimum three menstrual cycles for irrevocable divorces makes it difficult compared to divorce in majority of Sunni jurisprudence, where in divorce can happen in few seconds.
Prophet Mohammed had ordered to make marriages as simple as possible so that society remains free from sexual evils. Also, since divorce breaks family, period for reconciliation need to be provided on basis of Qur’anic injunction, both above advantages are seen in Shia Islam. Shia Islam is the Islam as preached by true deputies of Prophet Mohammed who are twelve Imams of Shia Islam.
Back to: Marriage and Divorce in Shia Islam
Oh Allah! Peace and Salutation be upon Mohammed and House-hold of Mohammed.
Majority in Sunni Islam considers Triple Talaaq (Divorce) in one instance as valid. Shia Islam considers it illegal (Haraam). Triple Talaq is when a Sunni husband divorces his wife by simply pronouncing the word ‘Talaaq/ Divorce’ three times in front of his wife, with or without intention to do so, with or without witnesses. In Shia Islam this form of Talaaq (Divorce) is illegal (Haraam).
Such a Talaaq (Divorce) was a pagan Arab custom which was made forbidden by Prophet Mohammed upon his followers. However, Umar son of Khattab the second caliph later considered it valid during third year of his reign. Shia don’t recognize Umar Khattab as an authority in Islam, thus also, consider such validation by Umar Khattab as illegal.
Majority in Sunni Islam considers uttering word ‘Talaaq’ three times in a single instance to wife, regardless of intention, joke, anger, compulsion, haste, witnesses; by a husband as legal. For reunion with same husband such divorced wives need to observe waiting period (3 months) then undergo ‘Halaala’. ‘Halaala’ is an Islamic law which forbids reunion between divorced couple, before wife remarries another man and gets irrevocable divorce from the latter and observes waiting period (3 months).
Mere utterance of word ‘Talaaq/ divorce’ to wife, how does it conveys whether ‘Talaq’ is given or ‘Talaaq’ is not given? How could this confusion be removed by that mere pronunciation of word ‘Talaaq’ in Sunni Islam’s majority; as to whether Talaaq is given or Talaaq is not given, Talaaq would be given or Talaaq would be thought over, Talaaq would happen or Talaaq must be decided etc? Shia Islam has no such ambiguity.
Absence of witnesses, state of anger, being under compulsion, being drunk, done as joke are no excuse, and divorce gets executed in majority of Sunni jurisprudence; remorse felt by husband or both don’t make any revoke on divorce.
Shia Islam consider it forbidden (Haraam); this whole custom of triple talaaq (divorce) in one instant. Shia rules require triple talaaq (divorce) for irrevocable divorce, but not in one instance. Shia need minimum three menstruation cycles of wife to get divorced. Only one talaaq (divorce) could be pronounced in one monthly cycle of wife.
Shia Islam also requires two trustworthy witnesses each time for each divorce to be valid. Shia Islam also requires proper divorce formula “my wife xyz is divorced”, to be properly pronounced to wife by husband or his representative for divorce to be valid.
Shia Islam considers all divorces which were pronounced without intention, in compulsion, or as jokes etc as invalid, and does not amount to divorces. Shia Islam also does not allow divorce to be pronounced if husband has had sexual intercourse with his wife during that menstrual cycle.
After each revocable divorce husband can nullify the revocable divorce by taking back his wife in marital tie through indulging in sexual intercourse with his wife. It is only after third irrevocable divorce that divorce happens in Shia Islam.
Shia Islam considers divorce as legal but makes it difficult up to the required level, wherein grievances could be wiped out, anger could subside, and marriage and family could be saved. Irrevocable divorce in majority of Sunni Islam could happen in few seconds; where as in Shia Islam it requires minimum three menstrual cycles.
In case of marriage (Nikah) witnesses are not required in Shia Islam, it also allows temporary marriage (Mutah), and this makes Shia marriages easier as compared to Sunni marriages.
Interestingly, divorce in Shia Islam as it requires two witnesses in each instance and minimum three menstrual cycles for irrevocable divorces makes it difficult compared to divorce in majority of Sunni jurisprudence, where in divorce can happen in few seconds.
Prophet Mohammed had ordered to make marriages as simple as possible so that society remains free from sexual evils. Also, since divorce breaks family, period for reconciliation need to be provided on basis of Qur’anic injunction, both above advantages are seen in Shia Islam. Shia Islam is the Islam as preached by true deputies of Prophet Mohammed who are twelve Imams of Shia Islam.
Back to: Marriage and Divorce in Shia Islam
Oh Allah! Peace and Salutation be upon Mohammed and House-hold of Mohammed.
