Divorce - Paperwork?

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Pondering Mind

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Dec 15, 2007, 10:24:08 PM12/15/07

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Your Point:

Salaam all,

Can a man divorce his wife just by saying "I divorce you" three times in Islam or is divorce paperwork also necessary? I understand the law of waiting 3 months before the divorce is final, but I am wondering if paperwork is also necessary. I'm thinking the answer is no... because I don't believe paperwork is a requirement of marriage either.

Thanks,

dotty

My Comments:

There are verses in Quran that explain divorce policies on the basis of individualism and there are verses that emphasize the importance of a structure group or society setup. There are many verses in Chapter 2 (Baqarah) that talk extensively about divorce but there is nothing to be found about the necessity of having witnesses for divorce. However, in Chapter 65 (Talaq) Verse 2, Quran explains the importance of having 2 witnesses for divorce. The exact message delivered in Chapter 65 Verse 2 has been repeated atleast twice in Chapter 2 with an exception that there was no mentioning about having two witnesses for divorce. If taken a topic, the way one verse gives you some information and the other giving you the rest, it makes me feel that a verse is specific to a circumstance or a stage. Quranic teachings were more specific to individuals at the beginning and this was the case for a specific period. Later on, these individuals came together applying these Quranic advices as a social members of a society; it was at this point that the revelation started addressing things in a social perspective.

With this in mind, I consider that divorce can be applied with or without witnesses keeping in mind the available resources in the present society. The ultimate goal is to establish an effective divorce pattern; if this is possible by accepting the available social strata for divorce in the society then you should choose the same. However, if the present pattern isn't effective and can cause serious issues in the future you may consider the individual pattern without the witnesses. Quran wants you to be sincere to yourself while taking these decisions; after all, it's you who would willingly or unwillingly face the consequences of your actions.