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Origin of verbal talaaq in Islam.

 
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Naushad



Joined: 26 Dec 2006
Posts: 53
Location: Atlanta, Georgia, USA.

PostPosted: Thu Jan 11, 2007 2:56 pm    Post subject: Origin of verbal talaaq in Islam. Reply with quote

Salaamz,

Is there any research done on the origin of the practice of verbal talaaq in the Arab culture? I wanted to know when and how it entered in Arab culture?

I believe this practise was carried over in Arab culture from the pre-Islamic period (or the period of Jahayleeya). I think that even though our exalted Prophet (PBUH) was able to stop this pre-islamic practise of verbal divorce (and triple divorce etc) but this practise got revived as time passed and was also included in the hadith books etc.

Even today this practise unfortunately is so widely common in the muslim world that majority of the muslims believe that THE ONLY CORRECT WAY TO PRONOUCE DIVORCE IS BY SAYING TALAAQ, TALAAQ, TALAAQ THREE TIMES IN ONE GO. They dont even know what is the correct method of divorce clearly explained and outlined in Quran. On top of this, this pre-islamic form of divorce is approved by all so-called school of thoughts (sects) so it is continued to be practised and no one dares doubts its authenticity or validity in any way. How SAD. Sad
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Arnold Yasin Mol
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PostPosted: Thu Jan 11, 2007 4:02 pm    Post subject: Reply with quote

Salam,

This was propably picked up by small sects in the Islamic State, and only centuries later became a main accepted practice. Many beliefs of the Sunni's and other sects, were in reality only beliefs of small sects inside the Original Deen Islamic State. Only under the kings did these small sects became dominant.

The Quran doesn't allow it, and so for the first 200-300 years this practice could not have been accepted by the majority of Muslims.
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tammyswofford



Joined: 22 Dec 2006
Posts: 186
Location: dallas, Texas

PostPosted: Fri Jan 12, 2007 1:37 pm    Post subject: Reply with quote

My guess is the pronouncement of "Talaaq, Taalaq, Taalaq" three times is to circumvent the due process to deal with strained marital relations which is laid out in logical form in al-Baqarah. Divorce is only revocable two times and on the third time the woman is free and no longer bound. This shows that divorce is not necessarily a final state, but allows for reconciliation of the parties. There is also discourse regarding a four month cool down period for renouncing of conjugal rights because personally sometimes women are mad enough at their husbands that we only pray for one thing: the strength to beat the man to death. We certainly need a bit of time to make it beyond the point of cooking their dinner to poison them, which is an easier task. smile

Then there is the three month requirement, to not hide what Allah has hidden in the womb, so that lineage of the man can be preserved in his family tree.

I do not have any idea what the word "Talaaq" means but it is my guess that it is the lazy persons way out of engaging conflict resolution.

Tammy Swofford
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Dr. Shabbir
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Joined: 24 Dec 2006
Posts: 1329
Location: Florida, USA

PostPosted: Sat Jan 13, 2007 8:59 am    Post subject: The Divorce Procedure Reply with quote

THE DIVORCE PROCEDURE
Muslims in general get confused at the hands of Mullahs, the so-called Ulama. The obvious reason is their abandonment of the Book of Allah. Here is the clear, Ultimate Qur'anic Guidance.
The Qur'an gives some very important and clear Laws for divorce in addition in 2:228-234, 4:3, 4:19, 4:35, 4:128, 33:49, 58:1-3, 65:1-4.
NO ROOM FOR INSTANT DIVORCE: According to the Qur'an, there is absolutely no room for an instant divorce. The process must take months with involvement of arbiters in order to allow reconciliation between the husband and wife.
THE QUR'AN DISREGARDED: It is highly unfortunate and shameful that Muslim jurists have been ignoring and practically revoking these clear verses of the Book of Allah for centuries, in favor of their own conjecture. According to their exploitative and erroneous edicts, if a husband utters the word "Divorce" three times in anger or under any kind of duress or even in a stage drama or movie, divorce takes effect instantly. What a mockery of the Qur’an! They are then decrared unlawful for each other and anyone eating or drinking in their homes commits Haraam!
THE SOMERSAULT: It is interesting to note that the so called Fuqaha (Jurist Mullahs) who otherwise uphold Hadith in preference to the Word of Allah, conveniently disregard even their 'treasure' whenever it suits their whims or purpose. In this instance, there is a Hadith in Ibn Majah. The exalted Prophet is reported to have said, La talaqa fil Ighlaq = There is absolutely no divorce under any kind of duress, coercion, suddenness, anger etc. This Hadith which is in total harmony with the Qur'an remains obscure to or hidden by the Ulama.
HOMES BELONG TO WOMEN: 65:1 O Prophet! When you men intend to divorce women, make sure that the waiting period is observed. Keep precise account of this interim period. Be mindful of Allah, your Lord. Never expel them from THEIR homes, nor shall they themselves leave their homes unless they commit open immorality. ----.
TWO WITNESSES FOR DIVORCE, 65:2 And so, when they have reached their waiting term, either retain them in kindness or part with them in kindness. And let there be two just persons among you to witness, and establish the evidence straight for Allah. -----.
ARBITERS: Three months of attempts to effect reconciliation by arbiters is one of the pre-requisites for divorce. 4:35 (Families and communities must adopt a proactive approach regarding a husband and a wife in discord). If you fear a breach between a husband and wife, appoint two arbiters, one from his family and one from her family. If they decide to reconcile, Allah will help them get together. Verily, Allah is Knower, Aware.
THE ENTIRE DIVORCE PROCEDURE ALLOWED TWICE IN A LIFETIME:
2:229 In a given couple's lifetime, a divorce is permissible twice. (The whole period of divorce i.e. three menstruations / three months, or until delivery can be taken back twice). ------.
HALAALAH OR HARAAMAH? Here comes the most shameful deed unique to the Mullahs in the whole world. They maintain that for reconciliation, the senselessly divorced woman has to go through Halaala (planned marriage with another man for one night followed by divorce in the morning. And it must involve sexual intercourse!). Mullahs offer their own "Noble Services" for being the bridegroom for one night and even charge a hefty fee for it! "Authorized" Halaala offices abound in many so-called Muslim countries!
2:230 If a man divorces his wife on a third different time during their marital life, it shall be unlawful for him to remarry her. It may so happen that the woman marries another man, and those two do not get along, and the other husband divorces her. In that case, there is nothing wrong if both (the previous couple) decide to come together again, if they consider that they will be able to observe the Limits set by Allah. These Limits have been made clear for people to make use of the Divine gift of knowledge (and make no crookedness in the Straight Path). [There is no room in the Qur’an for the so-called ‘Halalah’, a shameful, manmade custom where a divorced woman is made to spend an intimate night with another man under wedlock with a preplanned divorce in the morning! I call it ‘Haramah’]
THERE IS NO ROOM FOR KHULA: The word Khula' does not appear in the Qur'an. It is an Imamist fabrication meaning that a woman seeking divorce has to go to a court of law begging for it, a process that takes upto 30 years in the "Muslim" societies). 4:19 O You who have chosen to be graced with belief! It is not lawful for you to force women into marrying or holding on to them in marriage against their will. ------.
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Wassalam,
SA
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Naushad



Joined: 26 Dec 2006
Posts: 53
Location: Atlanta, Georgia, USA.

PostPosted: Sun Jan 14, 2007 2:12 am    Post subject: Reply with quote

Thanks to everone for their input. However, my main question is still un-answered. I was hoping that someone would have come across any research on this issue that where this verbal talaaq actually came from in Islam? Is this not a pre-islamic practise that was common in Arab/pagan culture? I was just trying to figure out that where this verbal practise originated from? I do understand (thanks to many knowledgeable folks on this forum including Dr Shabbir) that this practise is against Quran and I do now know the correct procedure as per Quranic injunctions. But again currently the main question in my mind is that where this (incorrect/wrong) practise of verbal talaaq originated from in Arab history? Thank you.
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Dr. Shabbir
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Joined: 24 Dec 2006
Posts: 1329
Location: Florida, USA

PostPosted: Sun Jan 14, 2007 8:25 am    Post subject: Reply with quote

Dear brother,

Surah Mujadilah indicates that the verbal divorce did exist during JAHILIYAH.

It was an Arab custom.
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Wassalam,
SA
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Arnold Yasin Mol
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PostPosted: Tue Jan 16, 2007 4:49 pm    Post subject: Reply with quote

58:2 Those of you who make senseless declarations about their wives, they by no means become their mothers. Their mothers are only those who gave birth to them. And so, behold, they only utter what is contrary to reason, and thus, false. And behold, Allah is Absolver of faults, Forgiving. (The procedure of divorce has been clearly expounded in 2:228-230, 4:3, 4:19, 4:35, 4:128, 33:4, 65:1-2).

[‘Zihr’= Extra = Redundant = Sundry = Putting away = Senseless word or
action. ‘Zihar’ = Addressing the wife as mother and thinking that it nullifies the wedlock. Implicitly that encompasses similar irresponsible utterances whether in anger or humor]

58:3 Hence, those of you who have made senseless declarations about their wives, and then put them away into separation, and then wish to go back on their utterance – they should free a human being from bondage before the couple may ‘touch’ each other. This you are hereby admonished to perform. And Allah is Aware of all you do. (Freeing from bondage includes relieving someone from any kind of oppression and from a crushing burden of debt).


As can be seen, a verbal divorce without any waiting period was known in Arab Jahiliyah Era. It is logical that this custom took new form, by making the 3-time divorce Law of the Quran a verbal divorce.

An old saying goes:

Custom is stronger then Law....
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