It is submitted that in order to make the Islamic teachings easy and understandable this web site is good. Your teaching style is appreciated. Allah will give you reward of your struggle.
Sir, I visited your web site and search a topic of Divorce you have clarified various issues those were not cleared. In one of your answer it is mentioned that Divorce in anger is not effective. In another answer it is stated that in matter of divorce family law of the country will be considered. While mere announcement of the word of divorce is enough for the separation between husband and wife in Hanafi school of thought.
If it is so please advice me in the following questions:
Would you please clarify as mentioned above?
What do you think if one divorces his wife under annoyance, social pressure, and disturbance (as it has been observed that people announce divorce under family and social pressure without intention and go here and there) verbally or in writing twice or thrice etc?
If some one divorces and does not complete legal process according to the law (Family Law of that Country) whether it will be considered a divorce or not?
First of all let me thank you for the encouraging remarks. Please pray for us that the Almighty accepts our humble effort to spread his word. I will first try to address some of the questions you have put forth about our previous responses on issues relating to divorce and then turn to your specific questions in this regard.
In one of your answer it is mentioned that Divorce in anger is not effective.
Pronouncing divorce out of anger can be analyzed when the husband insists that he never intended to separate with his wife. In this case the matter will be decided by the court of law according to the family law of the land. Another case where such a decision will become subject to analysis is when a husband pronounces triple Talaaq in one sitting. In this particular case the court is at liberty to decide either way considering the intention of the husband and the circumstances involved. The Holy Prophet (pbuh) is reported to have decided either way. He would strongly disapprove of such an act and would admonish those who neglected the directives of the Shari`ah. He would probe into the matter, enquiring about the intention of the man and decide the case after considering the circumstances involved.
You further write:
In another answer it is stated that in matter of divorce family law of the country will be considered. While mere announcement of the word of divorce is enough for the separation between husband and wife in Hanafi school of thought.
Of course we do believe that in cases where the Shari`ah has not given an express directive or where a dispute arises over the interpretation of an express directive of the Shari`ah, the law of the country, where it is not against the express directives of the Shari`ah, is the final authority. If an Islamic Shari`ah introduces a particular law every citizen is supposed to act accordingly.
We do believe that a man and a woman should be separated when a man pronounces divorce. However, if the state promulgates a specific process, then that process has to be followed. It can nullify such divorces which are pronounced neglecting the Shari`ah and the law of the land. It can prescribe a penalty for those who do no follow the prescribed course. Jurists of the Hanafi School of thought, base their opinion regarding the pronouncement of triple Talaaq on a directive promulgated by the second caliph Hazrat Umar (rta). They take his administrative directive tantamount to the Shari`ah directives. For our view on the issue please refer to: Pronouncing Three Divorces at One Instance
Now I come to your specific questions regarding divorce out of compulsion and the role of the law of the land in this regard. Consider the following situation. A man divorces his wife when he could not help it owing to any external compulsion. He does not want to go along with his decision and a disagreement has arisen between the couple. Such a case will be taken to the court of law. The court will decide the matter considering the situation and analyzing the evidence put forth by both parties.
Such serious matters are not held valid when done under compulsion. Suppose a marriage has been forced upon either of the partners would they not be given a chance to challenge such matrimony? Similar is the case for divorce. However, in case of difference of opinion between the husband and the wife, it is only the court of law that would decide whether any compulsion or force was employed in separating the couple or if it is merely foul play. One cannot walk freely turning the Shari`ah law into mockery- pronounce a divorce and then repeal it. The Holy Prophet (pbuh) is reported to have cancelled such a rash use of the right to divorce. For details on the issue refer to the following discussion: Some Clarifications Regarding Triple Divorce
One may sever a relationship with his wife without caring least about the family law of the land. The society and the law may not object to it but in case of disagreement between the couple the final decision will rest with the court of law.
Tariq Mahmood Hashmi
January 24, 2004