طلاق ثلاثہ کے وقوع سے متعلق حضرت عمرؓ کا اجتہادی فیصلہ اور پاکستانی معاشرتی صورتحال

Casuistry Verdict of Ḥaḍrat ‘Umer (R.A) Regarding the Occurrence Of Triple Divorce and Pakistani Social Situation

Abstract

Marriage is indeed observed as an imperative and sacred union of man and woman which fulfils the half of ones’ religious requirements. In fact it is a legally obligatory, pertinent and resilient contract, so it is unlawful in Islām rather against the basic purpose and Islāmic intent of marriage to abolish it or to demand its termination unless absolutely, indispensable and adamant created circumstances. Although divorce is permissible, but its disgrace and vice has also been made clear by saying it “Abghaḍ al Ḥalāl”, (the most detestable lawful act) and in inevitable circumstances, it has also been allowed with many terms and restrictions so that to put off this ugly and repulsive act as much as possible. Hence the laws and setbacks of Divorce and Khulaʿ are of grave importance in the marital system of Islām. According to the way of Sunnah, to Divorce is an agreed upon (consensus) matter, but in Muslim family law, the issue of triple divorce has been a controversial, debatable, and contentious issue. A common man is baffled and confounded by the differences of the opinion among the jurists regarding this important societal issue. Disciples of the triple divorce and resisters of it, furnish their own explanations and justifications about the Casuistry Verdict and decision of Ḥaḍrat ‘Umar (R.A). Thus, in this research paper, after scrutinizing the arguments of the parties regarding the decision of Ḥaḍrat ‘Umar (R.A), the preferential views would be presented in the perspective of present social scenario. It would also be described that how this matter of triple divorce is turning the phase of increasing divorce rate in Pakistan and becoming one of the mainsprings of social disintegration and crumbling.