Talak- the man’s right to divorce
The Glorified Allah commands:
“That divorce (talak) may be (pronounced) two times (twice). After each of them, you may keep (her) in good fellowship or let (her) go with kindness” (Al Baqara/The Cow 2/229)
According to Qur’an the ‘talak’ is a right possessed by the man. This because the accomplisher of all the requirements related with ‘talak’ are the men. The woman’s right to divorce is called ‘iftida’. ‘Iftida’ has been explained in another chapter.
The Glorified Allah commands:
“O Prophet! When you divorce women, divorce them taking notice of their prescribed time, and calculate the number of the days prescribed. Be careful of (your duty to) Allah, your Lord. Do not drive them out of their houses, nor should they themselves go forth, unless they commit an open indecency; and these are the limits of Allah, and whoever goes beyond the limits of Allah, he indeed does injustice to his own soul. You do not know that Allah may after that bring about reunion. [65.2] So when they have reached their prescribed time, then retain them with kindness( Maruf) or separate them with kindness, and call to witness two men of justice from among you, and give upright testimony for Allah. With that is admonished he who believes in Allah and the latter day; and whoever is careful of (his duty to) Allah, He will make for him an outlet, [65.3] And give him sustenance from whence he thinks not; and whoever trusts in Allah, He is sufficient for him; surely Allah attains His purpose; Allah indeed has appointed a standard for everything.” (Talak/ 65/1-3)
The criteria to be accomplished after the command “divorce them taking notice of their prescribed time” is:
- Take account of the prescribed time
- Not drive her out of the house
- The woman herself shouldn’t abandon the house
- At the end of the prescribed time, reconsider the decision and decide between keeping her with kindness or separate with kindness
- Asking the presence of two witnesses
The taking notice of the prescribed time is a responsibility given to the man. If he decides to return to his wife, the man should do this in compliance to the Maruf. In contrary, if he decides to divorce he should do this with kindness. He cannot attempt a returning back to his wife just to prolong the prescribed time or just in order to harm his wife. The Glorified Allah commands: “And when you divorce women and they reach their prescribed time, then either retain them in good fellowship or set them free with liberality, and do not retain them for injury, so that you exceed the limits, and whoever does this, he indeed is unjust to his own soul; and do not take Allah’s communications for a mockery, and remember the favor of Allah upon you, and that which He has revealed to you of the Book and the Wisdom, admonishing you thereby; and be careful (of your duty to) Allah, and know that Allah is the Knower of all things.” (Al Baqara/The Cow 2/231)
The returning of the man to his wife is totally related with the good intention. He can return back to his wife without having to wait for the termination of the prescribed time. If the woman proves that her husband’s returning is evil intentioned, she can reject him. The demonstration of evil intention is quite difficult.
The verse: “That divorce (talak) may be (pronounced) two times (twice).” has made it possible to happen only twice. In contrary, women would be abused. Allah does not permit exploitation.
Tags: talak
