Violation Of The Prescribed Procedure Of Divorce

Question

I have been watching Mr Ghamidi's programs online. I agree with his line of reasoning in most cases. Presently I need to discuss the issue of divorce. I believe Mr Ghamidi correctly disagrees with the procedure of divorce that is vogue in our society. I would appreciate very much if you can please share my following question with Mr Ghamidi as I would like to know what he has to say on this. He consistenly says during his programs and question and answer sessions that divorce that is initiated by not following the Qur'anic procedure is condemned and is even haram. If someone offers the salah without intention or without following the correct procedure than all the ulema from all sects unanimously hold that such a performance of the worship is invalid and must be repeated. Why then a divorce that is not declared in accordance with the Quranic teachings is classified as either valid (by majority of fuqaha) or at best "may be valid" as is held by Mr Ghamidi. Shouldn't it be simply invalid? Why did Allah provide us that much details about divorce procedure in the Qur'an? In my humble opinion, any procedure that is not in accordance with the clear injunctions in the Qur'an should be treated as invalid (including divorce). Why do we say that the salah offered improperly will be invalid but divorce will still be valid? Does ahadith have a ruling authority over the Qur'an? Why do we follow ahadith on the issue of divorce when they are clearly against Qur'an?


Answer

Mr Ghamidi's opinion is that there is no absolute ruling on wrongly given divorces in the shari'ah. In other words, the matter is left to the discretion of the judge. Keeping in view the circumstances of a particular case of divorce he can regard wrongly given divorces as totally un-operational (eg. if a person is ignorant of the correct procedure) and there can be circumstances in which he regards it to be equivalent to one divorce (eg. if a person repeatedly abuses the procedure) and in the latter case he can even punish the perpetrators of such divorces.

In short, violation of the correct procedure of divorce is something which is to be resolved and adjudicated upon by a judge.

About the Author

Dr. Shehzad Saleem


Born in 1966 Shehzad Saleem has been under the tutelage of Javed Ahmad Ghamidi since 1988 and is currently a Research Fellow and one of the Vice Presidents of Al-Mawrid. He has a Bachelors in Electrical Engineering from UET Lahore, Pakistan and holds a PhD in the History of the Qur’an from the University of Wales, UK.

Special Area of Interest
  He recently (2014) completed a fifteen year research work on the History of the Qur’an, a part of which constituted his doctoral thesis (the thesis portion is available at: http://www.al-mawrid.org/index.php/books/view/collection-of-the-quran-a-critical-and-historical-study-of-al-farahis-view).  The work addresses some nagging questions related to the revelation, collection and transmission of the Qur’an. These questions include narratives found in our legacy on the alleged incompleteness of the Qur’an, scribal errors found in it,  its variant readings, chronology of its compilation, order of the surahs, and manuscript studies.

Books Authored
  1. Common Misconceptions about Islam
  2. Playing God: Misreading a Divine Practice
  3. Islam and Women: Misconceptions and Misperceptions
  4. Essays on Character Building, Lessons on Character Building
  5. Qur’an Workshops on Character Building (including a separate Teacher’s Guide)
  6. Lessons on Character Building
  7. Selections from the Qur’an
  8. Selections from the Bible
  9. Selections from the Hadith

He has also compiled a modular textbook on Qur’anic Studies, which was taught by him to graduate students (1999-2001). The textbook is available in course format at
  www.studying-islam.org. It comprises course topics as: Revelation of the Qur’an, Theme of the Qur’an, History of the Qur’an, Arrangement of the Qur’an, Language of the Qur’an, Interpreting the Qur’an.

Translations
  He has translated some works of Amin Ahsan Islahi (d. 1997) and Javed Ahmad Ghamidi into English. These include:

1. Volumes 6, 7,  8 and 9 of Tadabbur Qur’an 
  2. Mizan (Islam: A Comprehensive Introduction)
  3. Al-Islam (Islam: A Concise Introduction)
  4. Selected Essays of Javed Ahmad Ghamidi
  5. Volumes 1 and 5 of Al-Bayan 

QnAs
His answers to various questions received about Islam can also be accessed at the Renaissance website at: http://monthly-renaissance.com/issue/writers.aspx?option=queries&id=1

Websites
He is the Founding Editor of the monthly research journal, Renaissance which was initiated in 1991. In 1999, its website www.monthly-renaissance.com was launched.

He launched the Studying Islam www.studying-islam.org website in 2003, which offers online courses on Islam. Through technical help, he has developed an online software (Qur’an for All) at the Studying Islam website to teach the translation of the Qur’an to those who can read the Arabic text but cannot comprehend its meaning.

He also set up websites about the life and works of the Qur’anic scholars Hamid Uddin Farahi (www.hamid-uddin-farahi.org)  and Amin Ahsan Islahi (www.amin-ahsan-islahi.org)  in 2010 and 2013 respectively

He has also built a text based website on the exegesis Tadabbur i Qur’an (www.tadabbur-i-quran.org)  in 2013.

He also founded a website on the life and works of the biblical scholar Abdus Sattar Ghauri (www.abdus-sattar-ghauri.org)  in 2014

He uses his personal facebook page (https://www.facebook.com/profile.php?id=562019607)  to write on personality development issues.

Lectures
  He is a guest speaker at various public forums. Some of the topics he regularly speaks on include:

1. Misconceptions about Women in Islam
  2. Pardah and Gender Interaction
  3. Non-Muslims and the Qur’an
  4. Question on the Qur’an by Serious
  5. Misconceptions about Islam
  6. Muhammad (sws): The Misunderstood Prophet of Islam
  7. Marriage and Married Life
  8. Fast and Fasting
  9. Basic Morality
  10. Islam and Islamic Welfare State
  11. Misconceptions about Divorce in Islam
  12. Misconceptions regarding Jihad of the Companions of the Prophet (sws)
  13 Imbalanced Religious Attitudes

He conducts activity-based Qur’anic Workshops for adults and sessions on Character Building and Personality Development for teenagers. Topics include:

1. Spending in the Way of God 
  2. Pride and Arrogance
  3. Remembering God  
  4. Civic Sense
  5. Kindness to Parents
  6. Gratitude
  7. Forgiveness
  8. Moral Courage
  9. Truthfulness 
  10. Showing Off
  11. Humility
  12. Sympathy
  13. Sinful Speech 
  14. Honesty
  15. Justice

Some of his talks and lectures on or about Islam can be viewed at:
  www.youtube.com/shehzadsaleem         www.dailymotion.com/drshehzadsaleem
  www.youtube.com/shehzadsaleemurdu, www.dailymotion.com/drshehzadsaleemurdu

A facebook page, Dr Shehzad Saleem’s Video Talks (https://www.facebook.com/Dr-Shehzad-Saleems-Video-Talks-309627932402929/?ref=br_rs)  also displays his talks

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