Where does the concept of verbal divorce taking effect come from?
Hello everyone. Is the right given to the husband to verbally divorce/take back one's wife seen only in Islam? Do we see it across other cultures and traditions, and what is the basis of this in Islam?
The Quran itself in Surah Talaq says the following:
Then when they have ˹almost˺ reached the end of their waiting period, either retain them honourably or separate from them honourably.^(1) And call two of your reliable men to witness ˹either way˺—and ˹let the witnesses˺ bear true testimony for ˹the sake of˺ Allah. This is enjoined on whoever has faith in Allah and the Last Day. And whoever is mindful of Allah, He will make a way out for them.
While the scripture confirms that the husband is permitted to divorce/take back, one thing that is often not followed based on this ayah alone is a) waiting till the end of the iddah to decide whether to take back one's wife or not and b) the presence of 2 witnesses.
What I have seen scholars say is that simply saying I take you back is enough at any point in the iddah even if it was moments after pronouncing divorce, and witnesses are not needed. Where did they get this from?
These practices seem to go against the procedure laid out in these ayahs. Because there is nothing honorable in saying divorce in anger and later saying take you back, treating ones wife like a toy. The Quran stresses on the importance of doing this honorably.
Based on the ayah, the divorce may be pronounced. However for it to take effect, as in the wife is now set to leave her husbands home, witnesses need to be present. And in the case of taking back as well. This makes sense so that if the husband does take her back and gets her pregnant, and later claims that he divorced her and the baby is not his, witnesses can come forth and say he did in fact take her back.
I believe the process of a verbal divorce is psychosocially abusive to the woman. No matter the state of the relationship, divorce should be done through a court with full accountability. It is the dissolution of a contract, not an argument on Friday night. Leaving a woman should be harder than taking her, not easier. Because divorce is a stressful and painful procedure, the room for abuse should be minimized. I believe divorce as scholars have laid it out is wrong and not in accordance with the scripture.
Please correct me and challenge my thoughts. Thank you.