Talaq means freeing oneself from the contract of Nikah (or the bond of holy matrimony). Marriage is a solemn contract, a strong commitment and a tenacious bond [2/235, 2/237, 4/21].
By virtue of this solemn contract a man and a woman make pledge to accept the rights and obligations laid down by the Quran in respect of their being husband and wife in order to lead a life of companionship. Since this contract was made between two parties, namely a man and a woman, how can one of them revoke it on one's own, whenever he/she wants, by just saying, "divorce, divorce, divorce". The rights of the other person have also to be safeguarded. Quran does not leave the matter of divorce to an individual. The society is ordered to take up this matter which decides on the disputed issue. Now days, this is either called a government or a court.
Quran says in 4:35 If you fear a breach between them twain, appoint (two) arbiters, one from his family and the other from hers; if they wish for agreement, Allah will cause their reconciliation: For Allah hath full knowledge, and is acquainted with all things. [4:35] If we see the above verse carefully, the addressees are neither the arbiters nor the husband or wife but Islamic Authority or the Court. If the arbiters succeed to persuade them to come together, then well and good, but if their efforts fail, they will have to report to the court that appointed them. This court will decide whether a divorce should become effective and what the conditions should be. When the prophet [p.b.u.h] was alive, he himself was the judge (of such a court). The first verse of Sura At-Talaq reads: O Nabi (p.b.u.h),
when you divorce your women then"¦ [65:1] In 65:1, Nabi has been ordered to make the divorce effective. Nabi never divorced his own wife. This order from Allah is for deciding the divorce cases for believers. In 4:59, the believers have been commanded by Allah to refer their disputes to Allah and Rasool. The verse 4:65 also makes this point clear. O you who believe! Obey Allah, and obey the Messenger, and those charged with authority among you. If you dispute in anything among yourselves, refer it to Allah and His Messenger, if you do believe in Allah and the Last Day: That is best, and most suitable for final determination. [4:59]
But no! by your Lord! they do not believe (in reality) until they make you a judge of that which has become a matter of disagreement among them, and then do not find any resistance in their hearts as to what you have decided and submit with entire submission. [4:65].
Now if we come back again to verse 65:1, the key word used for divorce is "Tallaqtum" which is a plural word. This signifies that the prophet [p.b.u.h] may not be the only one to affect the decisions about divorce. Those who he charged with authority could also make such decisions when and where the prophet [p.b.u.h] would not be present, as is also suggested by 4:59.
From this, it is clear that in respect of divorce, it is the Islamic Authority i.e. the Islamic Court that makes the final decision and the husband and wife cannot do so individually. The court should announce its decision when the monthly period of the woman expires, because "˜IDDAT' will be counted from onwards. This shows that a unilateral announcement of divorce by a husband is nothing more than his intention to do so. Divorce will take effect from the day the court of law decides the case after observance of due formalities. The wife shall then complete her Iddat prescribed by Quran before she choose to remarry. If this is the process of divorce according to Quran then what shall be the position of divorces inflicted in contravention of these laws?.
Muhammad Latif Chaudhery