Divorce In Violation Of Quranic Directives
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.