ؐMuhammad copied the whole divorce system (like only man having the right to divorce, 3 divorces, Khul', 'Iddah, Zihar, Ila) from the pre-Islamic Arab culture of time of ignorance. 

There are 2 ways of giving divorce in Islam:

  1. When 3 Talaqs are given in 3 different sittings (i.e. one Talaq in one sitting).
  2. When 3 Talaqs are giving in one sitting.

Three Talaqs in 3 sittings:

This process of divorce lasts 3 menstrual cycles long. Important thing to note is this that wife is not allowed to leave the husband's house during these 3 months:

Quran 65:1:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] 

Islam advocates claim that a woman has to stay in the house of husband for 3 menstrual cycles during the process of divorce, while this could provide them with the chance to reconcile.

Nevertheless, Islam critics object to this process of divorce, and ask:

  • But what if the husband is an abusive evil person? What if he tortures her all this period without any reason? What if he beats her so wildly that she gets bruises all over her body? Why does the wife still have to stay with such an abusive husband for 3 months? (Please read the Khul' article, that woman could not get her freedom through Khul', even if the husband is abusive and tortures her. Only if he breaks any part of her body, in that case she could get her freedom through the court)
  • Only the woman is forced to sacrifice in the name of so-called “reconcilement” in this Islamic Talaq process, while husband has to bring no sacrifice. He is free to have sex with all other wives and slave girls during this whole period of 3 months.

Moreover:

  • Is there any guarantee that this dispute between husband and wife is going to be resolved during 3 months of Talaq process?
  • Is it not possible that it may take more than 3 months that both of them to come back to their senses and end the dispute after this period? For example, a man comes back to his senses after 1 years, and realizes that it was a mistake to divorce his wife and she was totally innocent. Then what are the options available there to undo this mistake? The answer is, there are NO more options available, while she could not return to him without undergoing the process of Halalaََ, which is considered as a shameful process. So, what then is the 'Divine Wisdom' in this ruling, which limits this reconciliatory period to only 3 menstrual cycles?

Moreover:

  • Islam compels the woman to stay in the house of husband during the process of Talaq. While it has been seen that in cases of disputes, it could also be helpful that both parties take a break from each other and live separately for some period of time.
  • This provides both parties with a chance to ponder upon, and to learn from their mistakes in a better way and they realize their mistakes in a better way.
  • When the wife has to face difficulties in living in the house of her parents or brothers/sisters, then she realizes quickly the importance of house of her husband. And when the husband has to do all the work in the house alone, and has to take care of the children alone too, then he also realizes his mistake quickly.
  • But Islam closed this option for them by ordering the woman for not leaving the husband's house even in case of serious disputes.

Pronouncing 3 Divorces in one sitting is also illogical and an Injustice towards the woman

Islam advocates say that Islam also allows pronouncing 3 divorces in one sitting, which will spare the woman of 3 months restrictions of divorce process. But the problem is:

  • Only may is allowed to give Talaq in this way. Why these double standards? Is woman a 'brainless emotional creature', who could not take decisions about her own life.
  • And this divorce becomes valid even if the wife was totally innocent, and he only pronounced 3 divorces in ANGER. This proves that blaming only women for being emotionally unstable is not correct, but men could also become totally emotionally unstable, especially in the state of Anger and they are capable of doing every kind of stupid things, including killing others.
  • What type of Divine Wisdom is this, then to give right to such emotionally unstable men in anger to divorce their wives in 3 seconds, by saying 3 times Talaq Talaq Talaq?
  • The consequences of such 3 times Talaq in anger has to be borne by the poor innocent wife, where her whole family is destroyed and she may lose her children too.
  • And despite being totally innocent, again only she is forced to undergo the shameful process of Halala too, if she wishes to reunite with her family (i.e. husband and the children).
  • Is it really that giving rights with Justice to the woman by Islam?

Blackmailing the women in name of ‘reconcilement & settlement’ in the Divorce Process

While only the woman suffers during the long process of Islamic Talaq, thus it works as a weapon in hands of an abusive husband, to blackmail her unjustly, and to usurp her rights by compelling her to give up her rights.

And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them (i.e. woman agrees upon leaving some of her rights) … And you will never be able to do Justice (Arabic: تَعْدِلُوْا) between wives, even if you should strive [to do so].

Here occurs a contradiction in Islamic Sharia, while earlier at time of allowing 4 wives, the writer of Quran stipulated the condition of "Justice (Adl عدل)":

If ye fear that ye shall not be able to deal justly with the orphans, marry women of your choice, Two or three or four; but if ye fear that ye shall not be able to deal JUSTLY (Arabic: تَعْدِلُوا۟) with them, then only one, or (a captive) that your right hands possess, that will be more suitable, to prevent you from doing injustice.

But later the writer of the Quran allowed the husband to blackmail the wife by threatening her with divorce, and showing contempt and evasion and thus compelling her to give away her rights in the name of settlement. Thus, the condition of Justice was abrogated for the so-called settlement which is always going in favor of the husband while he controls the right of giving divorce.

Muhammad himself threatened his wife Sawdah with Talaq (while she was older in age as compared to the other wives of Muhammad). Thus, Sawadah started weeping and she came to ‘Aisha’s house and told Muhammad that she was ready to give her TURN To ‘Aisaha, but Muhammad should not make her homeless by divorcing her in that old age. Sawdah served Muhammad the longest, and in the most difficult times, and she did nothing wrong. Still, she had to suffer, and to give up her right in the name of so-called 'settlement'.

 

 

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Don't forget the Bigger Picture: Whereas a woman in the West gets her freedom just by going to the court, Muslim women suffer horribly in an Islamic system due to these unjust and oppressive 10 Sharia Rulings. Islam provided women with almost no protection, and exposed them badly for blackmailing at the hands of their abusive husbands. Muhammad took all these rulings regarding divorce from the pre-Islamic era of ignorance (like only husband having the right to give divorce, the system of 3 Talaqs, Halala, Ila, Zihar etc.). All of them are not only extremely oppressive against the women, but they are also illogical and unnecessary. They became part of Islamic Sharia while no divine Allah is present above in the heavens, and Muhammad was making the revelation and Sharia rulings on his own. Thus, we see the human errors and influence of the era of ignorance in these Islamic rulings.