Islam has adopted a very moderate view in regards to divorce in comparison to other religions. In Judaism, a man is allowed to give Talaq (divorce) to his wife whenever he wants, e.g. if the woman is in her periods, or in that purity in which the man has had sexual intercourse with his wife.
In Christianity, divorce is not permissible for Roman Catholics. Therefore if the husband divorces his wife through civil courts and he gets married to someone, or she gets married to someone else, then it will be classified as adultery. However, if you belong to the Church of England, i.e if you are a protestant, then it is permissible.
In Islam, we are encouraged to get married to such a girl that we would not have to divorce, and if there is any disagreement between the husband and wife, they should try and sort it out together or send an adviser from both the parties to sort the problem out. Then, if you do have to give it, then give her ‘talaq' in that purity in which he hasn't had intercourse.
My main aim in writing this article is to invalidate the idea that by giving your wife ‘3 talaq', only ‘1 talaq' will happen. In Islam, when you give your wife ‘3 talaq', your wife will become forbidden upon you unless she gets married to someone else, and he gives her ‘talaq'.
The majority of the scholars, which include Imam Abu Hanifah (RA), Imam Shafee (RA), Imam Malik (RA), and Imam Ahmed (RA), say that by giving 3 talaqs, 3 talaqs will take place.
Those who say only one Talaq, their reasoning is that it is a sin to give 3 talaqs, so therefore only 1 should occur. We reply to this, and say that there are so many things which is against the code of practice in Islam but if a person does it, then it will happen. For example, if a person has sexual intercourse with his wife once, and it was during her periods and then divorced her, then the full dowry will become compulsory upon him.
Their second reason is a Sahih-ul-Muslim Hadith in which it is related that during the Prophet Muhammed 's time, Abu Bakr 's time and the beginning of Umar Farooq 's time, 3 talaqs used to be 1 talaq. Our reply is that:
(i) This Hadith is Shaaz. (rare)
(ii) During the blessed era of the Prophet Muhammed and Abu Bakr , if a person used to give 3 talaqs, he used to be asked what was his intention, then when they realised what they had done, they used to say that they meant 1 talaq. That is why Umar said that whoever gives 3 talaqs, then 3 talaqs will occur.
Miscellaneous Masails about Talaq
1) A common problem amongst the Muslims nowadays is that they do not know the seriousness of the word ‘talaq'. They say it whenever they want without fully understanding the consequences.
In Islam, if a person gives ‘talaq' jokingly then ‘talaq' will occur. There is a Hadith in Ibn-Majah, Abu Dawood and Tirmizi, “3 things which its reality is reality and its joke its reality. They are; Marriage, Divorce and Freeing of a slave.
2a) What if a drunk person gives talaq, then will it occur? Yes, it will occur.
2b) What if the person is in the state of anger, then will talaq occur? If he was so angry that he couldn't tell that it was his wife or someone else, then it would not occur. However, in all other situations it will occur.
2c) What if a person was forced into giving talaq, then what would happen? Because he thought about it even though he was not happy about it, Talaq will still occur
May Allah give us the ability to understand the seriousness of this subject and guide us to the straight path and save us from the mischief of estranged groups who peddle misunderstandings and lessen the severity of Divorce. Ameen