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Divorce In Violation Of Quranic Directives
Assalam o Alikum,
If all the muftis and maulanas agree that the method of divorce as prescribed by Allah in the Holy Quran Surah Al Talaq is correct, then why do they say that no matter how a divorce is pronounced, it is not necessary for the woman to be in a state of purity (tuhr). Is it correct that no matter how a divorce is pronounced, divorce establish?
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6 Replies
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Divorce In Violation Of Quranic Directives
updated 1 month ago
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Replies
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Wa alaikum assalam.The confusion here comes from mixing two different things:1. what Allah prescribes as the correct method of divorce, and2. whether a divorce still legally takes effect if someone violates that method.
What the Qur’an prescribesIn Surah al-Talaq, Allah clearly lays down the proper and ethical way of giving divorce:Divorce should be pronounced in a state of tuhr (purity),when no marital relations have occurred in that cycle,and then followed by the iddah period.
This method is meant to:prevent impulsive divorce,allow time for reconciliation,and protect the woman from injustice.
There is no disagreement among scholars that this Qur’anic method is the correct, ideal, and commanded way.Most classical jurists make a distinction between:sinful / incorrect action, andlegal consequence.So they say:If a man pronounces divorce during menstruation or outside the Qur’anic method, he has committed a sin, but the divorce still takes effect legally.
Their reasoning is:Allah condemned the method, not the result,and the Prophet ﷺ instructed some companions who divorced wrongly to take their wives back, which they understood as proof that divorce had occurred but should be reversed.{Sahih al-Bukhari (Hadith 5251, 5252)}
According to Javed Ahmad Ghamidi, the Qur’an does not just recommend a method — it defines what divorce is.So if divorce is not given according to the Qur’anic procedure, then it is not a valid divorce at all, just as a prayer without wudu is not considered a prayer.
In this view:Divorce outside tuhr,or in a single impulsive moment,or ignoring the Qur’anic process,is not a valid divorce, because Allah Himself has restricted when and how divorce can occur.
The difference exists because:Classical fiqh prioritized legal containment (to avoid chaos),while the Qur’anic approach prioritizes moral discipline and defined procedure.
So when you hear scholars say “divorce counts no matter how it is pronounced”, they are not saying the Qur’anic method is unimportant — they are saying people are sinful, but consequences still apply.Qur’an says Divorce must be in tuhr and through a defined process.Majority jurists says Wrong method = sinful, but divorce still happens.Ghamidi’s view says Wrong method = no divorce at all, because Allah defined divorce itself through that method.
So yes, there is clarity in the Qur’an — the disagreement is about legal consequence, not about what Allah actually prescribed as correct.
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It means who follows muftis and scholars fatwa which is against the Quran that is not correct and divorce is not valid / not establish.
And as a muslim we should follow only Quran not any fatwa which is against the Quran?
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Not exactly in that blunt way. It’s important to be fair and balanced here.
It would be incorrect to say that anyone who follows a mufti’s fatwa is automatically going against the Qur’an or that their divorce is invalid in all cases. The reality is that classical scholars were trying to deal with social and legal consequences, and many of their rulings came from juristic reasoning, not from rejecting the Qur’an. So a person who followed such a fatwa in good faith is not sinful for doing so.
At the same time, as Muslims, our ultimate reference is the Qur’an, and when we clearly see that Allah has laid down a specific method, it is morally stronger to align ourselves with that guidance rather than blindly following opinions. Scholars are guides, not substitutes for conscience and understanding. Islam never asks a person to suspend their intellect or moral sense in favor of personalities or schools.
So the right way to say it is this:A Muslim should respect scholars, but not follow fatwas mechanically. One should strive to understand the Qur’an, reflect honestly, and follow the position that feels closest to Allah’s guidance and one’s own moral responsibility. The goal is not loyalty to a group or a name, but sincerity, clarity, and accountability before Allah.
In short: follow the Qur’an first, use scholarship as help, and let understanding and conscience guide you — not blind attachment to any individual or school. -
I also want to be clear and honest here: I don’t know your exact situation, and I’m not in a position to declare anyone’s personal case as an absolute ruling. Matters like divorce affect lives deeply, so they should never be reduced to slogans or pressure.
What Islam asks from each of us is sincerity. Do and believe what you can consciously, with a full heart and clear mind, say aligns with your understanding of the Qur’an, your reason, and your moral sense. Scholars and fatwas are meant to help us think — not to replace our responsibility before Allah.
With that said, according to Javed Ahmad Ghamidi’s understanding, since the Qur’an has defined a clear procedure for divorce (including timing and witnesses), a talaq that ignores these conditions does not count as a valid Qur’anic divorce. In that framework, the talaq would not have occurred.
At the same time, it’s important to respect that others may follow a different scholarly view in good faith. The aim should not be to attack or declare people wrong, but to follow what you believe — after reflection and understanding — is closest to Allah’s guidance, without blindly attaching yourself to any person, group, or label.
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Shouldn’t the scholars be also following what Quran says? What Quran has laid out?
I have also witnessed muftis giving fatwa at the will of the person who seeks one. Isnt’t it a sin?
I have also heard people strongly believing that if husband n wife have no physical relation for a year or so, their nikah is over and now the wife should do halala.
I believe our deen is simple but the interpreters, muftis, they have made it hard. I personally admire Janaab Ghamdi sahab as they way he explains things are very simple and easy to understand.
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The Quran is meant to be the final authority (Al-Meezan). In Ghamidi Sahab’s view, any fatwa or scholarly opinion must be measured against the clear words of the Quran.
The problem arises when scholars give more weight to historical interpretations or local traditions than to the actual text of the Quran. If a scholar’s opinion contradicts the logic or the explicit command of the Quran, we are not bound to follow it. Our primary allegiance is to the Book of Allah, not to any individual’s interpretation of it.
There is no such law in the Quran or the Sunnah that states a Nikah automatically breaks if a couple has no physical relation for a year. A Nikah only ends through a conscious, legal divorce (Talaq or Khula). Physical distance or lack of intimacy, while a serious issue in a marriage, does not “terminate” the contract automatically.
The concept of “planned Halala” is considered a mockery of the Deen in the Ghamidi framework. The Quran mentions that if a couple divorces for the third time, they cannot remarry unless the woman happens to marry someone else, and that marriage naturally ends (through death or a genuine, unplanned divorce). Making “Halala” a pre-planned ceremony to “fix” a mistake is a grave sin and has no basis in the purity of Islamic law.
When a mufti gives a fatwa specifically to please a person or to find a “loophole” for a fee, it is indeed a betrayal of their responsibility. However, the “sin” also lies with the person seeking the loophole. Islam is a religion of Taqwa (God-consciousness). If your heart knows that a fatwa is being used to bypass God’s actual command, that fatwa will not save you on the Day of Judgment.
It is important to understand that most scholars don’t want to make religion hard. They simply have different perspectives: Some scholars are so afraid of people making mistakes that they “close the doors” by banning everything even remotely risky. They make the religion hard because they think they are protecting it. Others might be so focused on ease that they ignore the actual boundaries set by God. Balance is the key. The Deen is meant to be a path of Tazkiyah (purification). It should be easy enough to follow in daily life, but strict enough to maintain our moral integrity.
The “interpreters” are human beings, and humans naturally have different levels of intellect and bias. Some are stuck in traditionalism, while others are trying to navigate the modern world. Ghamidi Sahab’s approach is refreshing to many because it returns to the “Fitrah” (human nature) and the Reason (Aql) that the Quran itself appeals to. The Deen is indeed simple: it is about recognizing your Creator and being a person of high moral character. Everything else is just details that shouldn’t be allowed to overshadow the core message.
(Also if u have questions ask them speratly)
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