Latest newsletter #166 Click to read online

Jihad Watch:Exposing the Role Islamic Jihad Theology and Ideology Play in the Modern Global Conflicts

February 12, 2017 By Robert Spencer (abridged)

In Islamic law, all a man need do in order to divorce his wife is say to her, "Taaleq," that is "(You are) divorced." If he says it once or twice, he can take her back simply if he decides to do so. But if he says it three times, he cannot take her back until she marries another man, consummates that marriage, and is divorced in turn by her new husband.

This is all based on the Qur'an: "Divorce is twice. Then, either keep her in an acceptable manner or release her with good treatment... And if he has divorced her for the third time, then she is not lawful to him afterward until she marries a husband other than him. And if the latter husband divorces her, there is no blame upon the woman and her former husband for returning to each other if they think that they can keep the limits of Allah. These are the limits of Allah, which He makes clear to a people who know." (2:229-230)

Several years ago, President Abdel Fattah al-Sisi of Egypt called for reform in Islam in a speech that was widely publicized internationally. Many hailed it as the dawning of a genuine Islamic reformation. This however, is the real outcome: The Egyptian Independent reported on February 12, 2017: After in-depth study, senior scholars from Al-Azhar Institution headed by Grand Imam Ahmed al-Tayyeb, unanimously agreed that verbal divorce in Islam is valid and divorce comes into effect once the husband verbally divorces his wife, without need to document it or have witnesses to the divorce.

In a statement, the Council of Senior Scholars, the top body of Al-Azhar Institution, said this is what Muslims settled upon since the time of Prophet Muhammed if it meets the set conditions of divorce in Islam. The decision comes against President al-Sisi's call for restrictions against verbal divorce and for a new law tightening divorce procedures for Muslims last month.

In clarifying its position, the council called upon the man who divorces his wife to document this divorce once it happens, in order to preserve the rights of the woman and the children and that the government has the right to take the necessary steps to enact legislation to ensure the imposition of deterrent punishment against those who abstain from documenting the divorce or are remiss in it. Egyptian law currently grants a Muslim husband the right to divorce his wife in her absence and without her knowledge. He may initiate and conclude all the legal procedures himself, only informing her of the divorce at the final stage...

Editor's note: Wives apparently have no rights in contesting verbal divorces.

<< Back to newsletter