Understanding Revocable Divorce (Talaq Bain) in Islamic Law

بسم الله الرحمن الرحيم

🔹 A Question Regarding Divorce

By: Dr. Muhammad Akram Nadwi  Oxford

Question:
Zaid complained to his wife about something. In response, she said: “If you have so many complaints against me, then free me.” Zaid replied, “You are free.” What ruling does the Shariah apply to this situation?

This question was received from the esteemed Maulana Masood Nadwi from Rampur. He further wrote:

Assalamu Alaikum wa Rahmatullahi wa Barakatuh, Maulana! By the grace of Allah, I hope you and your family are in good health and spirits. I seek a Shariah ruling on the aforementioned question.

Answer:

Family holds immense importance in human society, and in Islam, this significance is manifold. It is the duty of both the husband and wife, along with their relatives, to strengthen love and harmony within marital relationships and avoid anything that may weaken or break this bond. The consequences of a broken family are not easy to remedy, especially when it comes to the upbringing of children, which is severely impacted.

Divorce is an unavoidable necessity and should only be used when no other solution remains for resolving marital differences.

Ignorance is widespread nowadays. Many men and women do not understand the rulings and details regarding divorce, leading to mistakes. When these mistakes occur, they consult a Mufti, and many Muftis, without considering the consequences, issue the harshest fatwas. This often leads to serious issues, including instances where a fatwa of irrevocable divorce is issued, followed by the appalling and cursed practice of halala, which shakes both the earth and the heavens. Wise individuals have long felt that the scholars of the Indian subcontinent have not seriously reflected on the issue of divorce.

Considering the issues that arise after divorce and the ignorance among the general Muslim population, I exercise great caution when dealing with matters of divorce. Whenever a case of divorce arises, I follow the opinions of the jurists that do not result in the termination of the marriage. I advise the couple to repent and seek forgiveness from Allah, to live together in love and respect, and to study the rulings of divorce.

The fundamental principle regarding divorce is to avoid it as much as possible. If divorce becomes necessary, it should be given while the woman is in a state of purity (i.e., not menstruating) and only one divorce should be given. The benefit of giving one divorce is that the husband can reconcile with his wife during the waiting period (iddah), and after the waiting period, they can remarry if they wish.

You asked about the word “freeing.”
This word is not explicit for divorce. It is considered an implicit term. Divorce occurs with such a term only when there is the intention of divorce, or if the context indicates that divorce was intended.

This word leads to a revocable divorce (talaq ba’in), meaning the husband does not have the right to reconcile. However, if the husband and wife wish, they can remarry. Remarriage is allowed both during the waiting period and after it.

Keep in mind that when the husband used this word, the wife should have been in a state of purity. If she was menstruating, the divorce does not take effect. A group of early and later scholars holds this opinion, and in light of numerous benefits, this is the view I follow when issuing fatwas.

Also, consider that the husband should not have been so angry that he lost his capacity for rational thought. Some individuals suffer from such extreme anger that they lose control of their will. In such a case, the divorce would not take effect.

Summary:

If at the time of using the above term:
1️⃣ There was the intention of divorce, or the context indicated divorce,
2️⃣ The wife was not menstruating,
3️⃣ The husband was not in extreme anger,