The Muslim headscarf – Allah’s religion or misogyny?

B8BB95CA-2376-416B-A838-628B4640B3FBFor centuries, most of the clergy have claimed women must (at the very least) wear a headscarf. Women’s dress is probably the most talked about issue both in the Eastern and Western world and the headscarf is now synonymous with a woman’s religion.

 

Before we look at the evidence, we need the context, the backdrop – if you like. The culture of the Arabs at the time of the Prophet; the people were scantily clad and often exposed their private parts.* Keep this in mind as you read on.

 

As usual, I will let the evidence speak for itself and you can make up your own mind but prepare to be shocked.

 

I always start with the Quran – There are 2 verses in the Quran about how Muslim women should dress in public. The first is in Surah Al Ahzaab (59):

 

يأَيُّهَا النَّبِىُّ قُل لاًّزْوَجِكَ وَبَنَـتِكَ وَنِسَآءِ الْمُؤْمِنِينَ يُدْنِينَ عَلَيْهِنَّ مِن جَلَـبِيبِهِنَّ ذلِكَ أَدْنَى أَن يُعْرَفْنَ فَلاَ يُؤْذَيْنَ وَكَانَ اللَّهُ غَفُوراً رَّحِيماً

 

O Prophet! Tell your wives and your daughters and the women of the believers to lower their Jalabeeb over their bodies. That will be better that they should be known so as not to be harmed. And Allah is Ever Oft-Forgiving, Most Merciful.

 

So, this verse commands:

 

1). All Muslim women to ‘lower’ their ‘jalabeeb’

The majority of ‘scholars’ claim the jalabeeb (plural of ‘jilbaab’) means to cover from head to toe. Some even include the eyes/one eye. They equate ‘jalabeeb’ in this verse with a cloak worn by modern day Muslim women. They present no evidence whatsoever to back up their claim. However, anyone with common sense will understand that the ‘jalabeeb’ here refers to something the women already owned. It simply refers to clothing/garment.

 

So, in other words, Allah told the women to cover more of their bodies than they currently were (remember the culture of the time!)

 

2). Women were commanded to lower their ‘jalabeeb’ so that they could be recognised as Muslims and as a result, not harmed.

 

Another significant point to note here is that many translations of the Quran wrongly translate ‘fa la yu’dhayn’ as ‘not be molested’, immediately connecting the concept of covering to sexuality.

 

The verses just before this one, using the same word (yu’dhoon), tell us about ‘harming’ God, the Prophet and the believing men and women. Common sense would dictate that it is obviously not anything sexual being suggested here – you cannot ‘molest’ God. 

 

In summary, this verse commands women to cover up their bodies more than they had been at that time to be different from the pagans. It is general. The specifics came later in the 2nd verse.

 

The 2nd verse is from Surah An Nur (31):

 

وَقُل لِّلْمُؤْمِنَـتِ يَغْضُضْنَ مِنْ أَبْصَـرِهِنَّ وَيَحْفَظْنَ فُرُوجَهُنَّ وَلاَ يُبْدِينَ زِينَتَهُنَّ إِلاَّ مَا ظَهَرَ مِنْهَا وَلْيَضْرِبْنَ بِخُمُرِهِنَّ عَلَى جُيُوبِهِنَّ وَلاَ يُبْدِينَ زِينَتَهُنَّ إِلاَّ لِبُعُولَتِهِنَّ أَوْ ءَابَآئِهِنَّ أَوْ ءَابَآءِ بُعُولَتِهِنَّ أَوْ أَبْنَآئِهِنَّ أَوْ أَبْنَآءِ بُعُولَتِهِنَّ أَوْ إِخْوَانِهِنَّ أَوْ بَنِى إِخْوَانِهِنَّ أَوْ بَنِى أَخَوَتِهِنَّ أَوْ نِسَآئِهِنَّ أَوْ مَا مَلَكَتْ أَيْمَـنُهُنَّ أَوِ التَّـبِعِينَ غَيْرِ أُوْلِى الإِرْبَةِ مِنَ الرِّجَالِ أَوِ الطِّفْلِ الَّذِينَ لَمْ يَظْهَرُواْ عَلَى عَوْرَتِ النِّسَآءِ وَلاَ يَضْرِبْنَ بِأَرْجُلِهِنَّ لِيُعْلَمَ مَا يُخْفِينَ مِن زِينَتِهِنَّ وَتُوبُواْ إِلَى اللَّهِ جَمِيعاً أَيُّهَ الْمُؤْمِنُونَ لَعَلَّكُمْ تُفْلِحُونَ

 

And tell the believing women to lower their gaze, and cover their private parts and not to show off their adornment except that which is apparent, and to draw their covers all over their Juyub and not to reveal their adornment except to their husbands, or their fathers, or their husband’s fathers, or their sons, or their husband’s sons, or their brothers or their brother’s sons, or their sister’s sons, or their women, or their right hand possessions, or the Tabi`in among men who do not have desire, or children who are not aware of the nakedness of women. And let them not cover their legs so as to reveal what they hide of their adornment. And all of you beg Allah to forgive you all, O believers, that you may be successful.

 

Now, as mentioned, this verse is very specific. It includes:

 

1).  Women must cover their private parts (just like men are commanded in the verse prior to this one) and not expose them except that which is apparent. ‘That which is apparent’ is defined differently by ‘scholars’ – Some claim it is what is necessary to see (ie. one eye/eyes) while others propagate it is the face. BUT it is obviously related to the covering of the private parts. In other words, it means cover up the private areas except that which is impossible to hide (eg. the size of the hips or bottom).

 

2). Their ’juyub’ (plural of ‘jayb’) must be covered – this refers to covering the chest area/breasts/cleavage. Again, ‘and not to reveal their adornment except that which is apparent’ means cover the chest with fabric except that which is impossible to hide (eg. size of bust). The covering of the chest may be relaxed in the company of the list of people which follows.

 

‘Scholars’ claim the ‘khumr’ mentioned here means ‘headscarves’ but linguistically, the root خمر – also used to refer to ‘alcohol’ in the Quran – means ‘cover’. It is only over time that the word has now evolved to imply a headscarf when the Quranic meaning is the original one. Here, it means ‘cover with clothing/fabric’.

 

3). Their legs must be covered in a way which doesn’t make what they are covering visible/apparent. In other words, clothing must cover the legs and not be so tight/transparent that there is nothing left to the imagination.

 

This part of the verse is commonly translated as ‘And let them not stamp their feet so as to reveal what they hide of their adornment’ but the verb used here is the same verb as is used to state the chest must be covered (ضرب). Therefore, in the same verse, about the same topic, it has to mean the same thing.

 

Anyway, how would stamping your feet reveal anything except the sound of anklets? Any claims to this are based on shaky evidence.

 

The Quran makes it very clear. Women are commanded to cover their private parts, their chests and their legs. In other words, to dress modestly. So, where is the command to wear a headscarf ?

 

Well, put frankly – it isn’t in the Quran.

 

Despite all the attention given to how Muslim women dress, there is NO book on women’s dress in the collections of ahadith. In fact there is actually more information about men’s dress (eg. Gold, silk, covering the private parts)! So, it cannot be found in ahadith either. Surely, if the women covered their heads, we would have some evidence about how and when they wore it.

 

So, in conclusion and to answer my own question, the headscarf does not seem to be based upon evidence and Allah’s religion. In reality, it was forged by misogynistic culture. Cultures which devalue women by viewing them as sexual beings first and humans second. I am not the first to state this view and am sure will not be the last.

 

Sometimes, the truth is a bitter pill to swallow but our religious practices must be based upon evidence and our Lord’s commands, not what makes us comfortable because we are used to it. The headscarf is not a woman’s religion. It’s a direct result of centuries of misogyny. The solution to this is my answer to most problems in life – Knowledge. Muslims (men and women) need to know the real religion instead of relying on the mere opinions of clerics. It will be a tough road to begin with but we owe it to ourselves and to future generations. May The Almighty guide us all.

 

*If you read the Quran in it’s entirety (verses about covering the private parts) alongside ahadith about dress (easily found online), this becomes very clear.

 

 

 

 

Detangling the Muslim beard

C8F42E55-B1F7-4150-8C48-FFC0AA3436DEDepending upon the clergy to define our religion for us has led to different beliefs about a Muslim man’s beard. There are, broadly speaking, three different opinions:

 

1). The beard is not part of the religion.

2). It is only a recommendation and so is purely a matter of personal choice.

3). It is an obligation and must either be left to grow without cutting/trimming or be at least a fistful in length.

 

Disagreements between Muslims because there are differences between the ‘scholars’. 

 

Just as Muslim women are judged by how they dress, Muslim men who trim or shave their beards are also subject to criticism from other Muslims. Stereotypically, the longer the beard, the greater the piety of a man. Of course, like many stereotypes out there, this isn’t actually the case.

 

So, what is the truth about the beard?

 

The evidence is found in Ahadith:

 

عَنِ ابْنِ عُمَرَ، عَنِ النَّبِيِّ صلى الله عليه وسلم قَالَ ‏ “‏ خَالِفُوا الْمُشْرِكِينَ، وَفِّرُوا اللِّحَى، وَأَحْفُوا الشَّوَارِبَ ‏”‏‏.‏

 

Ibn `Umar said, the Prophet (ﷺ) said, ‘Do the opposite of what the pagans do. Grow the beard and cut the moustache short.’ (Bukhari)

 

There are other versions of this hadith with the same meaning. Men were ordered to keep the moustache short and to grow a beard. The rationale behind the beard is also given in the short hadith – to be different from those who were disbelievers in Islam.

 

So, those who place themselves in groups 1 and 2 above – believing that the beard is not a part of the religion are clearly GOING AGAINST the evidence. The terms used in the hadith are imperative, ordering an action (I have highlighted these).

 

On the other hand, those (in group 3) who claim the beard must be a certain length or never cut/trimmed have NO EVIDENCE. They use the following statement about Ibn Umar cutting his beard below a fistful and argue that the Companions knew the religion better than us.

 

Nafi’ said, ‘Whenever Ibn Umar performed hajj or umra, he used to hold his beard with his hand and cut whatever remained outside his hold’. (Bukhari)

 

I do not dispute that the Companions knew the religion better than us but there is a difference between a personal habit and following the command of Allah and His Prophet. Clearly, due to there not being any evidence from the Prophet or the Quran about the length of the beard, leaving a fistful after hajj/umra was the practice/habit of Ibn Umar. It was not a command of the Prophet and there is a lack of evidence that the Prophet himself grew his beard in this way.

 

So, in conclusion, once we move away from the opinions of the clergy, the truth is easy to see; A Muslim man has been ordered to grow a beard to be different from those of other faiths. It has absolutely nothing to do with how pious one is nor should it be used as ammunition against a person if the scarf/beard is missing. Tearing someone down is so much easier than lifting them up. Yet, as Muslims we aspire to leave the easy option behind us and struggle for what is right.

 

The painful truth of ‘Interest’.

C84C60CB-7679-4216-994C-D2D1E2D842F8Sometimes, because the truth is difficult to face, we create an ‘alternate truth’. An ‘alternate truth’ is basically a lie we tell ourselves so we can do what we desire without guilt, shame or accountability. This psychological process is subtle and we do not easily realise we are guilty of it.

 

One example of this is the issue of ‘interest’. There are those out there, albeit a minority, who are propagating that ‘interest’ is permitted when there is a dire need. For those of you unfamiliar with the topic, ‘interest’ (‘riba’ in Arabic) refers to ‘an increment in wealth as part of a borrowing/lending process’. Islam forbids Muslims from giving it, taking it and even being part of the transaction.

 

Allah says in Surah Al Baqarah, verse 275:

 

الَّذِينَ يَأْكُلُونَ الرِّبَواْ لاَ يَقُومُونَ إِلاَّ كَمَا يَقُومُ الَّذِى يَتَخَبَّطُهُ الشَّيْطَـنُ مِنَ الْمَسِّ ذَلِكَ بِأَنَّهُمْ قَالُواْ إِنَّمَا الْبَيْعُ مِثْلُ الرِّبَواْ وَأَحَلَّ اللَّهُ الْبَيْعَ وَحَرَّمَ الرِّبَواْ فَمَن جَآءَهُ مَوْعِظَةٌ مِّنْ رَّبِّهِ فَانتَهَى فَلَهُ مَا سَلَفَ وَأَمْرُهُ إِلَى اللَّهِ وَمَنْ عَادَ فَأُوْلَـئِكَ أَصْحَـبُ النَّارِ هُمْ فِيهَا خَـلِدُونَ

 

275.Those who eat Riba will not stand (on the Day of Resurrection) except like the standing of a person beaten by Shaytan leading him to insanity. That is because they say: “Trading is only like Riba,” whereas Allah has permitted trading and forbidden Riba. So whosoever receives an admonition from his Lord and stops eating Riba, shall not be punished for the past; his case is for Allah (to judge); but whoever returns (to Riba), such are the dwellers of the Fire ـ they will Abide therein.

 

And in the same Surah, verses 278 and 279:

 

يأَيُّهَا الَّذِينَ ءَامَنُواْ اتَّقُواْ اللَّهَ وَذَرُواْ مَا بَقِىَ مِنَ الرِّبَواْ إِن كُنتُمْ مُّؤْمِنِينَ

فَإِن لَّمْ تَفْعَلُواْ فَأْذَنُواْ بِحَرْبٍ مِّنَ اللَّهِ وَرَسُولِهِ وَإِن تُبتُمْ فَلَكُمْ رُءُوسُ أَمْوَلِكُمْ لاَ تَظْلِمُونَ وَلاَ تُظْلَمُونَ

 

278. O you who believe! Have Taqwa of Allah and give up what remains from Riba, if you are (really) believers. 279. And if you do not do it, then take a notice of war from Allah and His Messenger but if you repent,you shall have your capital sums.

 

The Quran is very clear on ‘interest’. It is categorically forbidden and the punishment for it is Hell. Taking it/giving it is asking for Allah to wage war against you.

 

Yet, despite this clear evidence, we have those who misconstrue and misinterpret evidence to falsely claim that interest is permitted in cases where there is a necessity. They cite buying a house to live in as an example of necessity.

 

They use evidence such as, ‘…..He (Allah) has explained to you in detail what is forbidden to you, except under compulsion or necessity….’ and claim this is proof ‘interest’ is permitted if necessity exists. They are misconstruing a PART of a verse from Surah Al An’aam (119). Look at the complete verse down below and the one before it – It is specific to food and has nothing to do with ‘interest’.

 

فَكُلُواْ مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِ إِن كُنتُم بِآيَـتِهِ مُؤْمِنِينَ

وَمَا لَكُمْ أَلاَّ تَأْكُلُواْ مِمَّا ذُكِرَ اسْمُ اللَّهِ عَلَيْهِ وَقَدْ فَصَّلَ لَكُم مَّا حَرَّمَ عَلَيْكُمْ إِلاَّ مَا اضْطُرِرْتُمْ إِلَيْهِ وَإِنَّ كَثِيرًا لَّيُضِلُّونَ بِأَهْوَائِهِم بِغَيْرِ عِلْمٍ إِنَّ رَّبَّكَ هُوَ أَعْلَمُ بِالْمُعْتَدِينَ

 

118. So eat of that on which Allah’s Name has been mentioned, if you are believers in His Ayat. 119. And why should you not eat of that on which Allah’s Name has been mentioned, while He has explained to you in detail what is forbidden to you, except under compulsion of necessity And surely, many do lead astray by their own desires through lack of knowledge. Certainly your Lord knows best the transgressors.

 

Those who claim ‘interest’ is permissible in certain situations also use Allah’s words from Surah Al Ma’idah, verse 6: ‘….Allah does not want to place you in difficulty, but He wants to purify you, and to complete His Favour to you that you may be thankful.’ Again, taking parts of verses is extremely dangerous and leads to misguiding not only ourselves but others too. The verse actually reads:

 

يَـأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا قُمْتُمْ إِلَى الصَّلوةِ فاغْسِلُواْ وُجُوهَكُمْ وَأَيْدِيَكُمْ إِلَى الْمَرَافِقِ وَامْسَحُواْ بِرُؤُوسِكُمْ وَأَرْجُلَكُمْ إِلَى الْكَعْبَينِ وَإِن كُنتُمْ جُنُباً فَاطَّهَّرُواْ وَإِن كُنتُم مَّرْضَى أَوْ عَلَى سَفَرٍ أَوْ جَآءَ أَحَدٌ مِّنْكُم مِّنَ الْغَائِطِ أَوْ لَـمَسْتُمُ النِّسَآءَ فَلَمْ تَجِدُواْ مَآءً فَتَيَمَّمُواْ صَعِيداً طَيِّباً فَامْسَحُواْ بِوُجُوهِكُمْ وَأَيْدِيكُمْ مِّنْهُ مَا يُرِيدُ اللَّهُ لِيَجْعَلَ عَلَيْكُم مِّنْ حَرَجٍ وَلَـكِن يُرِيدُ لِيُطَهِّرَكُمْ وَلِيُتِمَّ نِعْمَتَهُ عَلَيْكُمْ لَعَلَّكُمْ تَشْكُرُونَ

 

6. O you who believe! When you stand (intend) to offer the Salah (the prayer), then wash your faces and your hands (forearms) up to the elbows, rub (by passing wet hands over) your heads, and (wash) your feet up to the ankles. If you are in a state of Janaba, purify yourselves (bathe your whole body). But if you are ill or on a journey or any of you comes from the Gha’it (toilet) or you have touched women and you find no water, then perform Tayammum with clean earth and rub therewith your faces and hands. Allah does not want to place you in difficulty, but He wants to purify you, and to complete His Favor to you that you may be thankful.

 

This verse tells us about ‘tayammum’ (purification when there is no access to water). It is very specific and is not connected to ‘interest’.

 

So, ‘Interest’ is clearly forbidden in Islam. When we look at the evidence with open hearts, the truth becomes apparent – We just have to find the strength to live by it.

YouTube isn’t for Muslim women

 

97F7DAA7-DB84-4194-918A-F93A2629688CRecently, I came across a YouTube video which was about Muslim female vloggers. It claimed these women, by making vlogs on make-up and clothing were directly disobeying a verse from the Quran. I have heard the same verse used many times by ‘scholars’ to propagate that a Muslim woman

 

-Must stay at home unless there is a real necessity to come out (i.e. must not have a job outside the home).

-Cannot wear make-up outside her home

-Must be completely shrouded so only her eyes are uncovered

-If she must leave the house, a male companion will accompany her

 

However, as I’m sure you’ll know, many people repeating the same mantra does not make the mantra a truth.

 

Let’s take a look at the verse. It is from Surah Al Ahzaab, verse 33:

 

وَقَرْنَ فِى بُيُوتِكُنَّ وَلاَ تَبَرَّجْنَ تَبَرُّجَ الْجَـهِلِيَّةِ الاٍّولَى وَأَقِمْنَ الصَّلَوةَ وَءَاتِينَ الزَّكَـوةَ وَأَطِعْنَ اللَّهَ وَرَسُولَهُ إِنَّمَا يُرِيدُ اللَّهُ لِيُذْهِبَ عَنكُـمُ الرِّجْسَ أَهْلَ الْبَيْتِ وَيُطَهِّرَكُمْ تَطْهِيــراً

 

And stay in your houses, and do not Tabarruj yourselves like the Tabarruj of the times of ignorance, and perform the Salah, and give Zakah and obey Allah and His Messenger. Allah wishes only to remove the Ar-Rijs from you, O members of the family, and to purify you with a thorough purification.

 

Above is the common translation of the verse and the English translation is a direct reflection of what the ‘scholars’, for centuries now, have been interpreting the verse to mean. An interpretation tainted with deeply embedded misogyny and a need to control women. Yet, despite the layers of distortion and misguidance, the truth remains; The Quran holds the key to true understanding.

 

Firstly, if you loot at the verse before this one in the Quran, you will clearly understand these words are directed towards the wives of the Prophet. Secondly, the word (an imperative verb)  ‘قَرْنَ’  is interpreted as ‘Stay’ when its root ‘وقر’ is in fact the same for the noun used in Surah Nuh, verse 13:

 

مَّا لَكُمْ لَا تَرْجُونَ لِلَّهِ وَقَارًا

 

What is the matter with you, that you do not hope for any majesty/dignity from Allah?

 

Hence, the true meaning of this part of the verse is ‘Dignify yourselves in your homes’.

 

Now, the meaning of ‘tabarruj’ is of paramount importance. It is often transliterated like this because many ‘scholars’ who studied the Quran did not have a definitive meaning for it but instead offered the opinions of other ‘scholars’ as possible interpretations. Yet, the answer, I believe is there if your mind is open enough.

 

In Surah An Noor, verse 60, Allah (using the same term ‘tabarruj’, in a different form) states:

 

وَالْقَوَاعِدُ مِنَ النِّسَآءِ الَّلَـتِى لاَ يَرْجُونَ نِكَاحاً فَلَيْسَ عَلَيْهِنَّ جُنَاحٌ أَن يَضَعْنَ ثِيَابَهُنَّ غَيْرَ مُتَبَرِّجَـتِ بِزِينَةٍ وَأَن يَسْتَعْفِفْنَ خَيْرٌ لَّهُنَّ وَاللَّهُ سَمِيعٌ عِلِيمٌ

 

And the Qawa`id among women who do not hope for marriage, it is no sin on them if they discard their clothing in such a way as not to be those who do tabarruj/show their adornment. To refrain from tabarruj is better for them. And Allah is All-Hearer, All-Knower.

 

Interestingly, here the ‘scholars’ have defined ‘tabarruj’ as ‘showing their adornment’ and correctly so. This would also correlate with the verse in Surah An Noor (31) which clearly outlines how and when exactly a Muslim woman should cover.

 

Now, going back to our initial verse (Surah Al Ahzaab, verse 33), ‘tabarruj’ means ‘not to show what Allah has told you to cover’. So, the translation of verse should read as the following:

 

‘And dignify yourselves in your homes and do not show of yourselves what Allah commanded you to cover, like women did in the times of ignorance…’

 

In other words, be dignified, honour yourself by only uncovering/showing your body in your home and do not be immoral by doing such outside. The two statements are one command. It is like saying, ‘Don’t consume margarine and use butter instead’.

 

This is further supported by sayings of the Companions about shamelessness and nudity when people would circumbulate the ka’ba naked. The collection of Bukhari, for example, offers the following:

 

Narrated Abu Huraira: “In the year prior to the last Hajj of the Prophet when Allah’s Apostle made Abu Bakr the leader of the pilgrims, the latter (Abu Bakr) sent me in the company of a group of people to make a public announcement: ‘No pagan is allowed to perform Hajj after this year, and no naked person is allowed to perform Tawaf of the Ka’ba.’

 

In summary, the verse in Surah Al Ahzaab, despite being quoted by many – as evidence for the many things a woman cannot do, was in fact a simple command for the wives of the Prophet to dress appropriately or morally as defined by Allah in the Quran.

 

The reality is as Albert Einstein is quoted to have said. ‘Few are those who see with their own eyes and feel with their own hearts.’ Yet, with the light of the Quran to guide us, as Muslims, we have no excuse.

Divorce – The Truth about Mahr, Khula & Halala

MAHR:

‘Mahr’ is commonly used to refer to the wealth given by a husband to his wife as part of the marriage contract. Many clerics WRONGLY claim that if the wife initiates the divorce process, she must pay this back to the husband, a ransom for her freedom.  

 

They use a verse in Surah Al Baqarah (229):

 

الطَّلَـقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ

229. The divorce is twice, after that either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of what you gave them (the Mahr, bridal-money given by the husband to his wife at the time of marriage), except when both parties fear that they would be unable to keep the limits ordained by Allah. Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back. These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the wrongdoers.

 

and put it together with this hadith from Sahih Al Bukhari.

 

عن ابن عباس:  أن امرأة ثابت بن قيس بن شماس أتت النبي صلى الله عليه وسلم فقالت : يا رسول الله ، ثابت بن قيس ما أعتب عليه في خلق ولا دين ، ولكني أكره الكفر في الإسلام . فقال رسول الله صلى الله عليه وسلم : أتردين عليه حديقته ؟ قالت : نعم ، قال رسول الله صلى الله عليه وسلم : اقبل الحديقة وطلقها تطليقة  

 

This is usually wrongly used as evidence to claim that if the woman wants to initiate divorce, she must pay back the mahr. It is usually translated inaccurately (You can find the incorrect version easily – just do a search online) and the reason WHY she gives it back is completely overlooked.

 

However, the CORRECT translation is: 

 

The wife of Thaabit bin Qais came to the Prophet and said:  

 

Oh Messenger of Allah, I don’t find defects in Thaabit’s religion or manners but I hate the disbelief in Islam. So, the Messenger of Allah said, ‘Will you return to him his garden?’. She said, ‘yes’. The Messenger of Allah said, ‘Accept the garden and divorce her once’.

 

So, the woman gave back the garden/Mahr because Thaabit was not a believer in Islam.

 

Now, when this hadith is translated correctly and in its complete version, it is in accordance with the Quran that the woman returns the ‘mahr’ if her husband is a disbeliever. 

 

The Quran clearly states this in Surat Al Mumtahina, verses 10 and 11:

 

يأَيُّهَا الَّذِينَ ءَامَنُواْ إِذَا جَآءَكُمُ الْمُؤْمِنَـتُ مُهَـجِرَتٍ فَامْتَحِنُوهُنَّ اللَّهُ أَعْلَمُ بِإِيمَـنِهِنَّ فَإِنْ عَلِمْتُمُوهُنَّ مُؤْمِنَـتٍ فَلاَ تَرْجِعُوهُنَّ إِلَى الْكُفَّارِ لاَ هُنَّ حِلٌّ لَّهُمْ وَلاَ هُمْ يَحِلُّونَ لَهُنَّ وَءَاتُوهُم مَّآ أَنفَقُواْ وَلاَ جُنَاحَ عَلَيْكُمْ أَن تَنكِحُوهُنَّ إِذَآ ءَاتَيْتُمُوهُنَّ أُجُورَهُنَّ وَلاَ تُمْسِكُواْ بِعِصَمِ الْكَوَافِرِ وَاسْـَلُواْ مَآ أَنفَقْتُمْ وَلْيَسْـَلُواْ مَآ أَنفَقُواْ ذَلِكُمْ حُكْمُ اللَّهِ يَحْكُمُ بَيْنَكُمْ وَاللَّهُ عَلِيمٌ حَكِيمٌ – وَإِن فَاتَكُمْ شَىْءٌ مِّنْ أَزْوَجِكُمْ إِلَى الْكُفَّـرِ فَعَـقَبْتُمْ فَآتُواْ الَّذِينَ ذَهَبَتْ أَزْوَجُهُمْ مِّثْلَ مَآ أَنفَقُواْ وَاتَّقُواْ اللَّهَ الَّذِى أَنتُمْ بِهِ مُؤْمِنُونَ

 

10. O you who believe! When believing women come to you as emigrants, question them; Allah knows best as to their faith, then if you ascertain that they are true believers, send them not back to the disbelievers. They are not lawful for the disbelievers nor are the disbelievers lawful for them. But give them (disbelievers) that which they have spent (on their ‘mahr’). And there will be no sin on you to marry them if you have paid their due to them. Likewise do not keep the disbelieving women, and ask for that which you have spent (on their ‘mahr’) and let them (the disbelievers) ask for that which they have spent. That is the judgement of Allah, He judges between you. And Allah is All-Knowing, All-Wise. 11. And if any of your wives have gone from you to the disbelievers then you succeed over them (gain victory); then pay those whose wives have gone, the equivalent of what they had spent. And have Taqwa of Allah, the One in Whom you are believers.

 

So, if the wife is divorcing the husband because he is a disbeliever, she must return the ‘mahr’. This is one situation when she will return it. 

 

In Surah An Nisa’a, verses 19 – 21, another situation is mentioned:

 

يَـأَيُّهَا الَّذِينَ ءَامَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَآءَ كَرْهاً وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَآ ءَاتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئاً وَيَجْعَلَ اللَّهُ فِيهِ خَيْراً كَثِيراً – وَإِنْ أَرَدْتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَءَاتَيْتُمْ إِحْدَاهُنَّ قِنْطَاراً فَلاَ تَأْخُذُواْ مِنْهُ شَيْئاً أَتَأْخُذُونَهُ بُهْتَـناً وَإِثْماً مُّبِيناً – وَكَيْفَ تَأْخُذُونَهُ وَقَدْ أَفْضَى بَعْضُكُمْ إِلَى بَعْضٍ وَأَخَذْنَ مِنكُم مِّيثَـقاً غَلِيظاً

 

19. O you who believe! You are not permitted to inherit women against their will, nor to make things difficult for them in order to get part of (the ‘mahr’) what you have given them, unless they commit open Fahishah. And live with them honorably. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good. 20. But if you intend to replace a wife by another and you have given one of them a Qintar, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin. 21. And how could you take it (back) while you have gone in unto each other, and they have taken from you a firm and strong covenant.

 

In other words, the wife gives back the mahr if she has cheated (sex outside of their marriage) on the husband (open fahishah means with 4 witnesses or she herself has openly confessed to it). 

 

Despite what many scholars claim, the religion DOES NOT state the wife returns the mahr because she is the one who wants the divorce. Almost amusingly, they even include defiance & disobedience to husband, reviling him & his family as just cause to take back the mahr when the Quran commands the opposite.

 

The fact of the matter is that she only returns it if she wants a divorce because her husband is a disbeliever or because she has openly cheated on him which is why the initial verse from Surah Al Baqarah mentions ‘the limits ordained by Allah’. Men are commanded very clearly NOT to take back the mahr unless it is one of the 2 situations mentioned.

 

KHULA:

 

Firstly, the term ‘Khula’ has no real basis in the religion. In the collection of An Nisa’i, a different version of the hadith above includes the Prophet’s command to Thaabit “خذ الذي لها عليك وخل سبيلها”

which means ‘Take the mahr and leave her to her way’. The word خل (i.e ‘leave/depart’) is where the ‘scholars’ got ’Khula’.

 

The clerics then took this new invented definition and added to it that if a woman wants a ‘Khula’, she must take the matter to court and the judge(s) will make the decision as to whether her reasons are justified. In other words, they will decide whether she should get a divorce and if granted, she will return the mahr.

 

Neither the Quran or Sunnah dictates that there is a different way for a woman to initiate divorce (See my blog on Divorce). The entire concept of Khula is a mere reflection of how most societies work – where men have more power and control.

 

Now, if you have read the opinions of the ‘scholars’ on ‘Khula’, you will already know that they claim the ‘nikah’ (or marital contract is with the husband and because he bears the financial expenses in the relationship, he has more of a right to divorce). So, if the woman wants a divorce, they claim she must ask for ‘Khula’ and pay back the mahr.

 

They base this on the verse from Surah Al Baqarah (237): 

 

وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إَّلآ أَن يَعْفُونَ أَوْ يَعْفُوَاْ الَّذِى بِيَدِهِ عُقْدَةُ النّكَاحِ وَأَن تَعْفُواْ أَقْرَبُ لِلتَّقْوَى وَلاَ تَنسَوُاْ الْفَضْلَ بَيْنَكُمْ

 

And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed for them their due (mahr), then pay half of that, unless they (the women) agree to remit it, or he, in whose hands is the marriage tie, agrees to remit it. And that you remit is nearer to At-Taqwa (piety, righteousness). And do not forget liberality between yourselves. Truly, Allah is All-Seer of what you do.

 

‘Scholars’ claim ‘he, in whose hands is the marriage tie’ is evidence that the marital contract is in the ‘hands’ of the husband so he has more rights. In reality, an understanding of the pronouns used within the verbs indicate it is not the husband but, the woman’s representative (father, brother etc) who is meant here.

 

The religion is fair because our Lord is Most Just. Women have the same rights to divorce as men do. Anyone who claims differently has obviously not looked at the evidence with an open mind. 

 

In summary,

-Khula is an invented process.

-The man or any judge cannot take back the mahr (unless one of the 2 situations above is present)

-The man does not ‘own’ the marital contract. Rather, it is a mutual one.

 

HALALA:

 

When the divorce process has been initiated 3 times between the same husband and wife, the woman must now marry a different man. The wisdom in this is clear – any marriage which has been turbulent enough to initiate divorce thrice is one which is not working so we are ordered to move on.

 

Now, I believe it is often human nature to look for loop holes. However, there is a colossal difference between a loop hole and distortion. ‘Halala’ is an innovation and a complete distortion of the laws of Allah (Muslims are twisting the verse from Surah Al Baqarah (230) which you can find in my blog on Divorce).

 

By distorting the verse, Muslims are following a practice whereby the woman marries someone for the sole purpose of re-marrying her previous husband. There are, in fact, agencies, which for a payment, will marry the woman to a new man who will then have sex with her for one night and then divorce her so she can re-marry her previous husband. This is making a mockery of the institution of marriage and more importantly, the evidence from the Quran.

 

It is a direct consequence of Muslims following the opinions of scholars. This has led people to divorce in many incorrect ways (i.e. believing that merely uttering the word ‘divorce’ means you are divorced, without witnesses, without an iddah, without due process). Huge misunderstandings and innovations lead us to the completely unislamic and abhorrent practice of  Halala.

May Allah guide us back.

A million miles from how DIVORCE should happen

Divorce is one very evident issue where the clerics have taken Muslims away from the religion. The husband is WRONGLY given the right to divorce by just stating the word ‘Divorce’. It is viewed incorrectly as a word or a statement when, in fact, it is a PROCESS (Click here to see the divorce process displayed visually).

 

It’s time to look away from the clergy and fix our sights on the evidence. 

 

So, how is a divorce conducted according to the Quran?

 

It is clear in Surah Al Baqarah (verses 228 -30):

 

وَالْمُطَلَّقَـتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَـثَةَ قُرُوءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِى أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلَـحاً وَلَهُنَّ مِثْلُ الَّذِى عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللَّهُ عَزِيزٌ حَكُيمٌ

 

228. And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. And their husbands have the right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands) similar (to those of their husbands) over them to what is reasonable, but men have a degree (of responsibility) over them. And Allah is All-Mighty, All-Wise.

 

*This verse tells us:

 

a). A declaration of divorce is followed by a time period of 3 menstrual cycles with no sexual relationship (called ‘iddah’ – see Surah At Talaaq, verse 1 for more evidence of this command). The wisdom of this is to know if there is pregnancy and a woman must wait for this iddah to be over before she can re-marry. If there is a pregnancy, the husband will have to support her financially for the pregnancy and the child after he/she is born. 

 

b). They can go back to being married, if they wish. In the case of pregnancy, the divorce maybe revoked within the iddah because there won’t be 3 menstrual cycles. Otherwise, they must wait until the iddah is completed (see below for references to verses on this). Either way, the divorce process was initiated so it is counted as one divorce (‘…right to take them back…’)

 

c). The husband is financially responsible for the wife from the time divorce is declared until the iddah comes to an end (…’a degree of responsibility..’)

 

NOTE: There is no iddah if the marriage was not consummated (See Al Ahzaab, verse 49).

 

الطَّلَـقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَـنٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ ءَاتَيْتُمُوهُنَّ شَيْئًا إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ اللَّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ تِلْكَ حُدُودُ اللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَأُوْلَـئِكَ هُمُ الظَّـلِمُونَ

 

229. The divorce is twice, after that either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of what you gave them (the Mahr, bridal-money given by the husband to his wife at the time of marriage), except when both parties fear that they would be unable to keep the limits ordained by Allah. Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back. These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, then such are the wrongdoers.

 

* So, 2 processes of divorce are permitted whereby the couple can decide, at the end of each iddah, to remain in the marriage.

 

فَإِن طَلَّقَهَا فَلاَ تَحِلُّ لَهُ مِن بَعْدُ حَتَّى تَنْكِحَ زَوْجًا غَيْرَهُ فَإِن طَلَّقَهَا فَلاَ جُنَاحَ عَلَيْهِمَآ أَن يَتَرَاجَعَآ إِن ظَنَّآ أَن يُقِيمَا حُدُودَ اللَّهِ

وَتِلْكَ حُدُودُ اللَّهِ يُبَيِّنُهَا لِقَوْمٍ يَعْلَمُونَ

230. And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge.

 

*A third declaration of divorce is irrevocable and means the marriage is over with no possibility of reconciliation. The couple CANNOT GO BACK TOGETHER. The woman now must marry someone else but there is still a waiting period of 3 menstrual cycles during which the husband must financially support her.

In the case of pregnancy, the husband continues to financially support the wife until the birth.  If the new marriage of the woman fails, they could re-marry.

 

Now, going back to the fact that divorce is a PROCESS, not an utterance, the religion dictates witnesses must be involved in the declaration of divorce and for the iddah to begin. The verse which clearly states this is in Surah An Nisaa’a (35);

 

وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَابْعَثُواْ حَكَماً مِّنْ أَهْلِهِ وَحَكَماً مِّنْ أَهْلِهَآ إِن يُرِيدَآ إِصْلَـحاً يُوَفِّقِ اللَّهُ بَيْنَهُمَآ إِنَّ اللَّهَ كَانَ عَلِيماً خَبِيراً 

 

35. If you fear a split between the two, appoint (two) arbitrators, one from his family and the other from hers; if they both wish for peace, Allah will cause their reconciliation. Indeed Allah is Ever All-Knower, Well-Acquainted with all things.

 

In other words, when a couple, one or both of them are thinking of divorce, they must involve 2 witnesses/arbitrators, one from each side to be present. These 2 people will be present in discussions regarding divorce so any declaration of divorce and initializing of the iddah will be observed so there can be no arguments or confusion later.

 

Interestingly, many claim that the husband can change his mind DURING the iddah . Yet the Quran clearly states in several places that the decision must be made and witnessed (by two people, one from each side) AT THE END OF THE IDDAH (except if there is pregnancy). These verses include; At Talaaq – 2, Al Baqarah – 231 and 232.

 

This is quite a lot to digest especially if you believed the word ‘divorce’ is uttered thrice and the marriage is irrevocably over. So, let’s connect the evidence to real life situations (Click here if you’d prefer to see this visually).

 

Situation where there is pregnancy:

Ayesha and Khaled are married. Khaled decides he wants a divorce. He calls 2 witnesses (one from each side) and after discussions, declares divorce. He must financially support Ayesha for 3 menstrual cycles. During the iddah, Ayesha realises she is pregnant. There is now a child to consider. Khaled decides he wants to give the marriage another go. There won’t be 3 menstrual cycles because she is pregnant so, they call the witnesses again & he declares his decision to give the marriage another go. Ayesha and Khalid continue as married but there is one count of divorce – on their record, if you like.

Or 

Khaled decides he still wants a divorce despite the pregnancy. He must support Ayesha for her new iddah (At Talaaq, verse 4) which is until their baby is born. She will not marry until after the birth and could re-marry Khaled if they so wish or another man.

 

Situation where divorce process has been initiated once or twice:

 

Halima and Umar are a married couple when Halima decides she wants a divorce. Two witnesses (one from each side) are called and she declares her decision to divorce Umar. The 3 menstrual cycle iddah (waiting period) begins. 

The 3 menstruations show Halima is not pregnant and she does not wish to stay in the marriage. Umar financially supports her until the iddah is over. She then can re-marry Umar (even if years passed by) or another man. But, if she re-marries Umar, there is one count of divorce (or two if this is the second time one of them has initiated divorce) on their marriage.

Or 

At the end of the iddah, Halima changes her mind and she calls witnesses to declare her decision. They are still married. But, because the divorce process was initiated, there is now one count (or two, if it is the second time) on the marriage.

 

Situation where divorce process has been initiated for the third time:

 

Ahmed and Sara have initiated the divorce process twice in their marriage already so there are two counts of divorce.

 

Ahmed decides he wants a divorce. He calls two witnesses (one from each side) and after discussion, declares his decision. The iddah begins and at the end of it, regardless of whether Sara is pregnant or not, they must separate. If she is pregnant, the iddah for her before she can re-marry is until she gives birth and Ahmed must support her financially during the pregnancy. If not, the financial support ends when the 3 menstrual cycles are complete. They CANNOT re-marry at this time.

 

If the new marriage resulted in divorce, Sara could decide to re-marry Ahmed but more on this in my next blog (I’ll also cover ‘Khula’, ‘mahr’ and the abominable practice of ‘halala marriages’).

 

In conclusion, I’m sure you’ll agree saying the word ‘divorce’ impulsively means nothing. It is a process which involves witnesses, a clear start of the divorce process, a waiting period followed by a declaration of a final decision). This process has been outlined clearly in the religion. It’s now our responsibility to follow it.

 

Hadith versus Quran

9EFE102F-4F53-4452-B7A0-4D820AC22B6BThe clergy misguide people in a number of ways:

1). Misinterpretation

2). Ignoring the context of the evidence

3). Propagating opinions or culture instead of actual evidence

4). Elevating the position of a hadith or saying of a Companion above the Quran

 

All of these imply poor researching skills. Today, I want to take a closer look at Number 4 – Elevating a hadith or saying of a Companion above the Quran.

 

Now, of course belief in ahadith or the Sunnah of the Prophet is a fundamental part of being a Muslim. We need to know the Sunnah so we know how to pray, exactly how to pay Zakah, and so on as well as the character of the greatest example of all time.

 

The problem arises when one or several ahadith are taken and followed without looking at the Quran. This is extremely corrosive to our understanding of the religion because the Quran, being Divine Scripture, the word of Allah, is protected while ahadith can be weak and were sometimes recorded in shortened versions where key bits of information are missing. 

 

Let’s take a look at a couple of examples;

 

Narrated Ibn Muhairiz:

 

I entered the Mosque and saw Abu Said Al-Khudri and sat beside him and asked him about Al-Azl (i.e. coitus interruptus). Abu Said said, “We went out with Allah’s Apostle for the Ghazwa [battle at which Muhammad was present] of Banu Al-Mustaliq and we received captives from among the Arab captives and we desired women and celibacy became hard on us and we loved to do coitus interruptus. So when we intended to do coitus interruptus, we said, ‘How can we do coitus interruptus before asking Allah’s Apostle [Muhammad] who is present among us?” We asked (him) about it and he said, ‘It is better for you not to do so, for if any soul (till the Day of Resurrection) is predestined to exist, it will exist.”

Bukhari

 

This hadith from Bukhari is often quoted to claim sex slavery is permitted in Islam. Yet, the Quran states exactly the opposite in Surah An Nis’a, verse 25.

 

وَمَن لَّمْ يَسْتَطِعْ مِنكُمْ طَوْلاً أَن يَنكِحَ الْمُحْصَنَـتِ الْمُؤْمِنَـتِ فَمِنْ مَّا مَلَكَتْ أَيْمَـنُكُم مِّن فَتَيَـتِكُمُ الْمُؤْمِنَـتِ وَاللَّهُ أَعْلَمُ بِإِيمَـنِكُمْ بَعْضُكُمْ مِّن بَعْضٍ فَانكِحُوهُنَّ بِإِذْنِ أَهْلِهِنَّ وَءَاتُوهُنَّ أُجُورَهُنَّ بِالْمَعْرُوفِ مُحْصَنَـت غَيْرَ مُسَـفِحَـتٍ وَلاَ مُتَّخِذَاتِ أَخْدَانٍ فَإِذَآ أُحْصِنَّ فَإِنْ أَتَيْنَ بِفَـحِشَةٍ فَعَلَيْهِنَّ نِصْفُ مَا عَلَى الْمُحْصَنَـتِ مِنَ الْعَذَابِ ذَلِكَ لِمَنْ خَشِىَ الْعَنَتَ مِنْكُمْ وَأَن تَصْبِرُواْ خَيْرٌ لَّكُمْ وَاللَّهُ غَفُورٌ رَّحِيمٌ

 

And whoever of you have not the means wherewith to wed free believing women, they may wed believing girls from among those whom your right hands possess, and Allah has full knowledge about your faith, you are one from another. Wed them with the permission of their own folk (guardians) and give them their due in a good manner; they should be chaste, not fornicators, nor promiscuous. And after they have been taken in wedlock, if they commit Fahishah, their punishment is half that for free (unmarried) women. This is for him among you who is afraid of being harmed in his religion or in his body; but it is better for you that you practice self-restraint, and Allah is Oft-Forgiving, Most Merciful.

 

As you can see, the Quran commands men to marry these women NOT to take them as sex slaves!

 

Interestingly, the above hadith has several versions but all seem to go back to the same narrator – Ibn Muhairiz. Ibn Muhairiz narrated one other hadith in Sunan Ibn Majah which was categorised as weak (It reads: “I asked Fadalah bin Ubaid about hanging the hand (of the thief) from this neck, and he said: ‘It is sunnah. The messenger of Allah (saw) cut off a man’s hand then hung it from his neck”).

 

Additionally, there is a lack of information about this narrator and so his credibility should set off alarm bells for anyone seeking the truth.

 

Once we elevate or prioritise ahadith over the Quran, like a scientist who desperately wants his/her hypothesis to be proven true, we are likely to misinterpret other evidence. (See my blog on ‘Sex slavery’ if you are interested – for more on this subject).

 

Another example is the issue of divorce. The ‘scholars’ remain divided on whether stating ‘divorce’ thrice at one time constitutes an irrevocable divorce. Here it is not an issue of hadith versus Quran but a saying of a Companion prioritised over the Book of the Creator.

 

Many ‘scholars’ claim a husband saying ‘divorce’ three times at one time means that he has divorced his wife and they cannot re-marry until she marries another man. Their view is based upon the actions of Umar ibn Al Khattaab when he was Caliph. Umar passed this as law to teach the people not to take divorce lightly although this is not what the Quran states. In fact, the Quran clearly states each declaration of divorce has a waiting period of 3 menstruation cycles.

 

Surah Al Baqarah, verses 228,

 

وَالْمُطَلَّقَـتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلَـثَةَ قُرُوءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِى أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِاللَّهِ وَالْيَوْمِ الاٌّخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلَـحاً وَلَهُنَّ مِثْلُ الَّذِى عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللَّهُ عَزِيزٌ حَكُيمٌ

 

And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them. And Allah is All-Mighty, All-Wise.

 

  • The verses which follow (229 & 230) tell us about the maximum number of three divorces before the divorce becomes irrevocable and the woman must then marry someone else.

 

In other words, many of the clergy are following what Umar did as opposed to what the Quran dictates.

 

There must be a hierarchy if we want to follow the actual religion and the primary source must come first.

 

1). The Quran

2). Hadith 

3). Sayings of the Companions and the Tab’ieen (the generation after the Companions).

 

So, this hierarchy means we must look at the Quran first and foremost. Then, ahadith must only be taken as evidence if they do not contradict the Quran. Subsequently, the opinions of the Companions can only be followed when they are in line with ahadith and the Quran. Opinions are after all opinions and not truth (There are, in fact, many records of the Companions differing in their views).

 

I believe it is easy to take ahadith without checking whether they are in accordance with the Quran and use them to propagate a certain view and give the masses a fatwa/judgement.  Over time, the more people propagate the same ahadith, the more the judgment attached to them is perceived as ‘truth’. Yet, it is not.

 

To research ahadith properly and actually study the Quran can take years and a lot of sustained effort. But, this is our religion, our path to Jannah and salvation does not come easily. As Muslims, our beliefs and actions must be based upon truth even when the path to truth is a struggle.