Concerning Divorce
Two Ways of Divorcing
~ 30 ~
Perhaps the most important aspect of this matter is
that when ‘Umar gave his exceptional verdict on
divorce being final after the third utterance on a
single occasion of the word
talaq,
his position was
not that of a powerless
‘alim
(scholar) but of a ruler
invested with the full power to punish—as a
preventive measure—anyone who went against
Qur’anic injunctions. This was to discourage haste
in divorce. By accepting a man’s three
talaqs
on the
one occasion as final and irrevocable, he caused him
to forfeit his right to revoke his initial decision, thus
leaving him with no option but to proceed with the
divorce.
On the other hand, the Caliph had it in his power to
fully compensate any woman affected by this
ruling. For instance, he was in a position to
guarantee her an honourable life in society and if,
due to being divorced, she was in need of financial
assistance, he could provide her with continuing
maintenance from the government exchequer,
baitul
mal,
etc.
Today, anyone who cites ‘Umar’s ruling as a
precedent in order to justify the finality of a divorce
