Divorce on oath
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
a discussion was going on in my house regarding my marriage. between this there was some dispute between my father and mother and my father said to my mother that if "he or she keep any contact with the bride`s family or if the participated in the wedding then my mother will be divorced and he said all this by putting his hand on the Holy Quaran and he farther said that he wont take these words back" now there has been reconciliation between my father and mother and they again want to go forward for my wedding for the same girl.
Please let me know as to what course of action should be adopted
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Divorce on oath
In the name of Allah, We praise Him, seek His help and ask for His forgiveness. Whoever Allah guides none can misguide, and whoever He allows to fall astray, none can guide them aright. We bear witness that there is no one (no idol, no person, no grave, no prophet, no imam, no dai, nobody!) worthy of worship but Allah Alone, and we bear witness that Muhammad(saws) is His slave-servant and the seal of His Messengers.
When a man declares a condition when pronouncing a divorce, it is called Talaaq Muallaq (a hanging or conditional divorce) in Shariah terminology. If the wife does not fulfill the condition declared in the conditional divorce, the divorce will not be established. But if at any time of her life, the wife even momentarily fulfills the condition of the conditional divorce; then the divorce will be established in the sight of Shariah or Islamic Law. All the conditions that apply to a proper or normal pronouncement of divorce would apply to this form of conditional divorce; and once a man utters these words of divorce it can never be taken back!
The pronouncements of Nikkah and divorce are considered an extremely serious and inviolable matter in Islam; so much so that even if one declares a divorce to his wife in jest, it will constitute and be counted as a legal divorce in Shariah!
Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah
The Prophet (saws) said: There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).
The taking or not taking of an oath have absolutely no effect on the course of actions when a man pronounces a divorce; for even if one simply utters or declares the pronouncement of divorce, the divorce will be deemed established in the sight of Islamic Law and once uttered these words can never be taken back!
Your Question: Please let me know as to what course of action should be adopted
Since your father has now agreed to reconcile with your mother on the issue of your marriage with the same girl, it is obvious that your mother will have to violate the conditions that were declared by your father when pronouncing the Muallaq or hanging divorce.
Thus the best and most righteous course of action in the situation now would be that since your parents have reconciled to a good deed like marriage, your mother will have no choice but to violate the conditions of the Muallaq divorce. As soon as she violates any of the conditions, one divorce between your father and mother will be established in the sight of Shariah. If before the determined idda or waiting period of three menses periods, your father takes your mother back as his wife, the divorce will be considered revoked; and they can live together as husband and wife with immediate effect. But since Allah Subhanah has permitted the believing men a total of only two revocable divorce rights in any one marriage, one of the two rights of revocable divorce of your father will be deemed used; and he will be left with a balance of only one right of revocable divorce in this marriage.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 229: A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (Judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).
Dear and Beloved brother in Islam, the muallaq divorce pronounced by any believer has serious and lasting repercussions in respect to his marriage, and the Shariah Law must be fully understood and implemented. If for any reason this law is not fully understood, or you need any clarifications whatsoever you may write back to us, or consult any good Islamic scholar who will guide you from the Quran and Sunnah.
Whatever written of Truth and benefit is only due to Allahs Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
Your Brother in Islam,