Concerning Divorce
Two Ways of Divorcing
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Islamic
shari‘ah
may make concessions in
accordance with circumstances.
Each law of the
shari‘ah
may be eternal, but a
Muslim ruler has the power to make exceptions in
the case of certain individuals in special sets of
circumstances. However, such a ruling will not take
on the aspect of an eternal law. It will be purely
temporary in nature and duration.
Various traditions in this connection show that the
second Caliph’s treatment of certain persons was
not in consonance with the
shari‘ah.
The rulings he
gave on these occasions were in the nature of
executive orders that were consistent with his
position as a ruler. If he acted in this manner, it was
to punish those who were being hasty in finalizing
the divorce procedure.
It is a matter of Islamic historical record that when
any such person was brought before ‘Umar for
having uttered the word
talaq
three times on one
occasion, he held this to be rebellious conduct and
would order him to be flogged on the back.
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