Woman Between Islam and Western Society
8. Concerning Divorce
~ 419 ~
This act on the part of the second Caliph,
apparently against the principles of the Qur’an and
sunnah,
did not in any way change the law of the
shari’ah.
To think that this led to any revision of
Islamic law would be to misunderstand the
situation: the Caliph’s order merely constituted an
exception to the rule, and was, moreover, of a
temporary nature. This aptly demonstrates how the
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 which 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
