this question consists of 2 questions. 1st is triple talaq problem. 2nd is about why divorce process requires only to say "talaq", as questioner thinks, though becoming muslim requires more: reciting "fatia" sincerely, as questioner thinks.
i want to write about triple talaq problem, and i choose this question to write it from 2 questions, because this is earlier, and i do not want to create one more duplicate question myself.
let me answer to second question firstly.
there are several errors/mistakes: 1) it is not "fatia" but "fatikha". 2) it is not sura "fatikha" but it is not sura but "tashahhud" phrase, but it is still longer than "talaq talaq talaq" phrase. 3) "talaq talaq talaq" phrase is incorrect, it should be just "talaq", it is triple talaq problem, i will write about it separately below. 4) just saying "talaq" is not enough to make divorce, waiting period of 3 menstruations or 3 months should follow it, then witnesses should be invited. so, making divorce can be considered as not easier than "becoming muslim", but, as i know, some people think, that also witnesses are needed for becoming muslim, and i think it is correct idea, because becoming muslim brings some consequences: duties and rights. and let us consider waiting period as easy thing, and do not count it.
second question edited: why becoming muslim requires reciting long "tashahhud" phrase sincerely, and divorce reqires only saying short word "talaq", (let's do not count divorce waiting period thinking that it is easy, and witnesses, thinking that it is in both cases)?
answer: 1) why you think that becoming muslim should be more easy act than making divorce? i think that probably becoming muslim is more important thing, and that probably most muslims think so. 2) i think, the requirement of reciting of "tashahhud" sincerely is not very truly and completely said, because as soon as you say sincerely, you are assumed act according to it: learn how to pray, and start to pray, etc, so, really, it requires much more efforts than just reciting "tashahhud" sincerely. though you can account yourself as muslim immediately after you recite "tashahhud", being muslim is by itself is not just a status/word, but you have to act as muslim always. btw, if you recite "tashahhud" sincerely but do not act as muslim for some reasons, maybe, laziness, then, i think the word "mu'min", which means "believer" is more appropriate for you than "muslim".
i will write answer to first question soon, if god will.
2016 july 26 - 27: answer to first question , i.e. solving triple divorce problem.
after reading quran, many years ago, firstly i thought that waiting period should be waited before second talaq can be said. when i read quran after that, i felt some ambiguity. nearly 1-2 months ago i have read somewhere that even umar ibn al-khattab allowed triple divorce, and that now it is allowed in india, and that in some countries scholars decided to make some period of waiting after saying of one talaq until second talaq can be said and they put some random standart for it like one month.
i have read quran again to find, where is problem. and i have found that indeed there is a problem, an ambiguity in quran. and i have selected one of interpretations.
let's read quran's translation from 2:226 and write my comments. i copy here from http://quran.com/2/226 , default translation is "Sahih International".
226: For those who swear not to have sexual relations with their wives is a waiting time of four months, but if they return [to normal relations] - then indeed, Allah is Forgiving and Merciful. 227: And if they decide on divorce - then indeed, Allah is Hearing and Knowing.
-- 226-227 are about a long act, that, after it is done, can be used to make divorce fastly, and, it is about what to do with such oath without term: after 4 month such oath without term is accounted as fullfilled.
228: Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.
228: i see here is said: "husbands have more right to take them back". but in some translations it is said other way:
228, muhammad asad translation: And the divorced women shall undergo, without remarrying, a waiting-period of three monthly courses: for it is not lawful for them to conceal what God may have created in their wombs, if they believe in God and the Last Day. And during this period their husbands are fully entitled to take them back, if they desire reconciliation; but, in accordance with justice, the rights of the wives [with regard to their husbands] are equal to the [husbands'] rights with regard to them, although men have precedence over them [in this respect]. And God is almighty, wise.
i read a translation like this, without "more" - kuliev's translation into russian. i think adding "more" does not make much change, and i do not want to think much about it, since i have decided to write my solution.
-- and, i interpret this this way:
- the 3 periods are obligatory to talaq to happen after it is said, except of case said in 226-227
- in connection with 226-227, i think, they mean that if husband said that he never will have sex with his wife, and then 4 months without having sex passed, "talaq" can be said and it happens immediately after saying.
but what happen if he does not say talaq? can they live as married couple without having sex, ot they do not have such right? if they have such right, and husband continues not having sex, but his wife wants to divorce, does she have to make khula divorce? or, 226-227 should be interpreted that in such case after 4 months they automatically become divorced, and even without saying talaq? - i have seen today in some texts that in case triple talaq is done, waiting 3 periods is not needed, and that is why the triple talaq was so desired by people. but i think, that waiting time of 3 periods is needed even after the intention to divorce after 2 divorce acts already happened within same spouses, without marriage of the woman to another men between and after them, and it is required for both of wife and husband, and it is required even if the husband has less than 4 wifes. idea of this is that before the waiting period has passed, neither the husband nor the wife are not divorced yet. you should see later, why i have selected/chose such interpretation.
- as you can see, since it is said that the "divorced women" should wait 3 periods, the "divorced women" means "women who was said talaq to", not "women who was said talaq to and had waited 3 periods". the word "mutallaqat" is used here at "divorced", of same root with "talaq". the "mutallaqat" in this ayat enters into reaction with "talaq" in the next ayats 229-230, because they are of same root. but meaning of "talaq" in 229-230 is ambiguous.
229: Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah . But if you fear that they will not keep [within] the limits of Allah , then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah , so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers. 230: And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him. And if the latter husband divorces her [or dies], there is no blame upon the woman and her former husband for returning to each other if they think that they can keep [within] the limits of Allah . These are the limits of Allah , which He makes clear to a people who know.
-- here is ambiguity: what "divorce" here? original word there is "talaq" in 229 and "tallaqaha" in 230. what is it? people may interpret it as saying "talaq", or as saying "talaq" and waiting the waiting period fully. in 1st way of interpretation the immediate triple talaq is possible. i thought it is explained in quran, that it is not possible, but indeed such understanding is possible, i am going to show you, and, think, umar ibn al-khattab could not allow it, if it is impossible, etc (all that dispute and different decisions would not happen). the text "divorce is twice" enters into reaction with texts "divorced women" and "take them back" in the previous ayat 228. since the word "mutallaqat", of same root with "talaq", is used, for "divorced women", in the previous ayat 228, seems people can understand that they are about same thing, and it means "to say talaq", and not just people can understand it that way, but, since the ayat 228 is previous ayat, it is naturally used as definition of "talaq", i.e. people feel that they should understand "talaq" in the same way as "mutallaqat" means in previous ayat.
and also note that "raddihinna" is used at "take back" in 228 and "imsaku" is used at "keep" in 229.
231: And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest. And remember the favor of Allah upon you and what has been revealed to you of the Book and wisdom by which He instructs you. And fear Allah and know that Allah is Knowing of all things. 232: And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves on an acceptable basis. That is instructed to whoever of you believes in Allah and the Last Day. That is better for you and purer, and Allah knows and you know not.
there is no "[nearly]" in some translations, and in kuliev's translation. for example, pickthall's translation:
231: When ye have divorced women, and they have reached their term, then retain them in kindness or release them in kindness. Retain them not to their hurt so that ye transgress (the limits). He who doeth that hath wronged his soul. Make not the revelations of Allah a laughing-stock (by your behaviour), but remember Allah's grace upon you and that which He hath revealed unto you of the Scripture and of wisdom, whereby He doth exhort you. Observe your duty to Allah and know that Allah is Aware of all things.
and i see that there is no such meaning of "nearly" in the original. seems this meaning was added in some translations to support the "1st", the wrong interpretation of the triple talaq issue. you can see other english translations in http://www.islamawakened.com/quran/2/231/default.htm .
-- it is strongly said about saying "talaq" and waiting the waiting period fully here, and, word "tallaqtumu" is at "divorce", and it means unambiguously "just saying talaq". so, if we understood "talaq" and "tallaqaha" in 229-230 as "just saying talaq", these ayats strengthens that interpretation, and if we understood "talaq" and "tallaqaha" in 229-230 as "saying talaq and waiting the waiting period fully", these ayats weakens that interpretation.
so, these, ayats 228, 231-232 are reason, why "talaq", which is to be counted, as said in ayats 229-230, is understood as "just saying talaq".
but there are also reasons to interpret "talaq" in 229-230, i.e. "talaq" that is to be counted, as "saying talaq and fullfilling waiting period":
- saying three talaqs within a minute and counting them as three divorces is strange, stupid.
- there are different terms and text for "take back within waiting period after saying talaq" and "keep after waiting period has passed":
- 228, this ayat is about taking back within waiting term: "their husbands have more right to take them back" or "their husbands are fully entitled to take them back". word for "taking back" is "raddihinna".
- 229, 231 - these ayats about taking back after waiting term: 229: "either keep [her] in an acceptable manner", 231: "retain them according to acceptable terms", "then retain them in kindness". word for "taking back in acceptable manner" is "imsaku bimagrufi", word for "retain them according to acceptable terms" is "amsikuhunna bimagrufi".
so, i interpret this this way: if husband takes his wife back within waiting term, he can do that without problems and without barriers, and if husband wants to take back the woman after waiting period, he should do that "bimagrufi" - "in kindness". in kuliev translation it is translated as "in reasonable conditions". similar translation is also in some english translations: as you see, in sahih international, and for example in muhammad asad's: 229: "resumed in fairness", 231: "retain them in a fair manner", yusuf ali's: 229: "hold together on equitable terms", 231: "take them back on equitable terms" - see more at http://www.islamawakened.com/quran/2/229/default.htm . as the term "imsaku bimagrufi" is used both in 229 and 231, these ayats about same type of taking back. and 231 is unambiguously about taking back after waiting period. so, 229 is also about taking back after waiting period. so, only "full divorces" are counted in 229-230. - at ayat 227, as i said, i think, the word "talaq" means both "just saying talaq" and "full divorce", because 4 months of waiting already passed, so, in 229-230 that could be used as definition and "full divorce" also could be possible meaning of "talaq".
as "bimagrufi" is translated as "on equitable terms" in some translations, i think it is about that the husband cannot take the woman back after waiting term, but it is remarrying: new conditions of marriage can be put by the woman, and she can refuse.
what is logic of 3 periods of waiting after saying talaq - as you see, it is not just to know out, whether the wife has baby, but it is also because the husband may change his mind, because he may lose his wife after waiting term, and allah has ordered that waiting period this is why i think that waiting the 3 periods after saying talaq is required even for husband at 3rd divorce and he already has 4 wifes. (alternative logic is that if a man has 4 wifes and divorces one of them [with intention] to marry another woman, in case it is the "3rd divorce" with her, since he cannot take the wife back, he need not wait the waiting term, and so he can quickly marry another woman).