The
Beloved Rasool صَلَّی
اللہُ تَعَالٰی عَلَیْہِ وَاٰلِہٖ وَسَلَّمَ has stated: ‘اَبْغَضُ الْحَلَالِ اِلَى اللّٰہِ
تَعَالٰى اَلطَّلَاقُ’ I.e. Amongst Halal things, Talaaq [divorce] is the most
disliked one in the sight of Allah عَزَّوَجَلَّ. (Abu Dawood, vol. 2, pp.
370, Hadees 2178)
Explanation of Hadees
‘Allamah Sharafuddin Husayn Bin ‘Abdullah Teebi رَحْمَۃُ اللہِ تَعَالٰی عَلَیْہِ (year of demise: 743 Hijri) has stated: This blessed
Hadees mentions about the fact that Talaaq is Mashroo’ [مَشْرُوْع], i.e. if Talaaq is given,
it will take place but it is ‘Mabghood’ [مَبْغُوْض], i.e. a disliked act in the
sight of Allah عَزَّوَجَلَّ, such as
offering Fard Salah at home without a Shar’i ‘Uzr [valid reason], and offering
Salah on an usurped piece of land (as Salah will be valid in both of these
cases but the one doing so will become a sinner); likewise, buying and selling
on Friday after the Azan of Jumu’ah (as buying and selling will be valid but
those doing so will become sinners). (Sharh-ul-Mishkat
lit-Teebi, vol. 7, pp. 2342, Taht-al-Hadees 3280)
In
the explanation of this blessed Hadees, ‘Allamah ‘Ali Bin Sultan Muhammad Qaari
Hanafi رَحْمَۃُ
اللہِ تَعَالٰی عَلَیْہِ (year of demise: 1014 Hijri) has stated: ‘اَصَحْ’ [i.e. the most correct
opinion] is that it is forbidden to give Talaaq without Haajat [need]. The word
Mubah is also used for something which is Mubah at certain times, i.e. giving
Talaaq is Mubah only when its “Haajat and Zarurat [need]” is found. (Mirqat, vol. 6, pp. 422, Taht-al-Hadees 3280)
It is forbidden to give
Talaaq without Haajat
Following
is the translation and summary of a Persian Fatwa present in Fatawa
Razawiyyah: There are three opinions of ‘Ulama regarding Talaaq being
Mubah, i.e. permissible:
1 The first opinion
is that Talaaq is unconditionally Mubah, even if it is given without a reason.
2 The second
opinion is that it is not Mubah for the husband to give Talaaq except for the
fact that the wife is old, ugly, or commits indecency; it is a weak opinion.
3 The third opinion
is that if the husband has a Haajat [need] for Talaaq, it is Mubah, otherwise
forbidden; this very opinion is Sahih [authentic] and proved by proofs.
‘Allamah Muhaqqiq has declared it to be Sahih in Fath-ul-Qadeer
and ‘Allamah ‘خاتمة
المُتَحَقِّقِین’ Shaami has defended it which proves its authenticity. (Fatawa Razawiyyah, vol. 12, pp. 321, 322; summarised)
At
another place, A’la Hadrat رَحْمَۃُ اللہِ تَعَالٰی عَلَیْہِ has stated: Giving Talaaq
without a Shar’i reason is strongly disliked by Allah عَزَّوَجَلَّ. (Fatawa Razawiyyah, vol. 12, pp. 323)
Being Halal and being
forbidden can coexist
Imam-e-Ahl-e-Sunnat,
Imam Ahmad Raza Khan رَحْمَۃُ
اللہِ تَعَالٰی عَلَیْہِ has stated: In a single thing, it is not unlikely for
Hill-o-Hazr [being Halal and being forbidden] to coexist from two perspectives.
Talaaq is ‘فِیْ
نَفْسِہٖ’ [itself] Halal, and since [for a husband and wife,] Shari’ah
likes living together and dislikes getting separated, it is forbidden [to give
Talaaq] without a Haajat, or unlawfully. (Fatawa
Razawiyyah, vol. 12, pp. 330)
Reasons for Talaaq being
disliked
1 In [giving]
Talaaq, there is ungratefulness of the blessing of Nikah. (Mirqat, vol. 6, pp. 421, Taht-al-Hadees 3280)
2 There is breaking
off a relationship in it.
3 By giving Talaaq,
hatred and enmity develop in each other’s hearts.
4 In most cases,
the two parties indulge in Haraam because of Talaaq (as they indulge in
backbiting against each other, hurting each other’s feelings, etc.). (Haashiya-tus-Sindi ‘ala Sunan Ibn Majah, vol. 1, pp. 500,
Taht-al-Hadees 2018)
5 In the sight of
Satan, the most beloved act is to cause the husband and wife to get separated;
therefore, amongst all Halal things, it is the most disliked act in the sight
of Allah عَزَّوَجَلَّ. (Sharh-ul-Mishkat lit-Teebi, vol. 7, pp. 2342, Taht-al-Hadees 3280)
Rulings on different cases
of giving Talaaq
Sadr-ush-Shari’ah,
Mufti Amjad ‘Ali A’zami رَحْمَۃُ
اللہِ تَعَالٰی عَلَیْہِ has stated: It is permissible to give Talaaq, but forbidden
without a Shar’i reason. Moreover, it is Mubah if there is a Shar’i reason; in fact, it is Mustahab in some
cases such as the woman hurts him or others, or does not offer Salah. Sayyiduna
‘Abdullah Bin Mas’ood رَضِىَ اللّٰہُ تَعَالٰی عَنْهُ has stated, ‘[Suppose] I appear in the court of Allah عَزَّوَجَلَّ
in the state that I give Talaaq to the woman who does not offer Salah and I
still owe her her Mahr; it is better than spending life with her.’ In some
cases, it is Wajib to give Talaaq, for example, the husband is impotent or a
transgender or someone has done magic on him such that he is not able to
copulate and there seems to be no solution for it; as in these cases, not
giving Talaaq means causing severe pain [to the woman]. (Bahar-e-Shari’at, vol. 2, pp. 110)
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