Among the earliest innovations was “marriage arranged to make a woman lawful again for her former husband.” Some scholars held that whoever did this would be rewarded, because they believed that returning the woman to her husband removed those harmful consequences. This served as a stratagem for undoing the effects of divorce in all these situations. Other stratagems were then introduced concerning “oaths.” First came manipulation of the wording of an oath; then the use of khulʿ (marital dissolution for compensation) to evade an oath; then circularly conditional divorce; and finally attempts to have the marriage declared invalid.

The majority of the early generations, the scholars and their leading authorities condemned these and similar stratagems. They held that such practices nullified the wisdom of the Sharia and the true substance of oaths enshrined in Allah’s verses, and regarded them as a form of deceit and mockery of Allah’s verses. Ayyūb al-Sakhtiyānī even said of such people:

“They try to deceive Allah as though they were deceiving children. Had they committed the act openly, I would have found it less objectionable.”

The disbelievers and hypocrites then exploited these practices to disparage the Messenger, may Allah bless him and grant him peace. They made them among their strongest arguments against those who believed in him, supported him and honoured him; among their strongest means of turning people away from Allah’s path and obstructing those who wished to believe in him; and among their strongest reasons for refusing to believe themselves. Those among them who subsequently embraced the faith have related this about themselves. They explained that the merits of Islam had become clear to them, except for practices of the kind represented by “marriage arranged to make a woman lawful again for her former husband,” for which they could find no explanation that satisfied their misgivings.

Allah Most High says:

“And My mercy encompasses all things, so I shall decree it for those who fear Me, pay zakat and believe in Our signs.”

“Those who follow the Messenger, the unlettered Prophet, whom they find described in the Torah and the Gospel they possess. He commands them to do what is right and forbids them from doing what is wrong, makes good things lawful for them and forbids them impure things