"Narrated Abu Huraira: The Prophet said, "It is not lawful for a woman (at the time of wedding) to ask for the divorce of her sister (i.e. the other wife of her would-be husband) in order to have everything for herself, for she will take only what has been written for her." Sahih Bukhari, Vol 7, Book 62, Num 82 .................................................................. |
| Divorce in Islam A Muslims cannot divorce herself and nor can a Muslim man and Muslim woman marry themselves. Believing such a thing is part of the poison and insanity thinking spreading throughout the USA Muslim community. Divorce should be declared, when it is in the best interest of the two people and only after all other means of maintaining the marriage in a civil way has been exhausted. While it is lawful, it is one of the things which is lawful that is most hated by Allah, azza wa jal. When the divorce is declared the Muslim sister should continue to live in the home of her husband, only go out for necessities and the husband should not mistreat her of be uncivil. Though the divorce may have been declared the sister is still a married woman during the waiting period for divorce to be final .. the iddah! No brother should approach her during this time, and the marriage can be healed if she and the husband decide to continue the marriage during the waiting period. |
law of Divorce
"...........Divorce is of three categories: raj'i (returnable), baynounah soghra (minor separation) or baynouna kobra (major
separation).
In case divorce happens through the husband, he can take his wife back within three months. This is without any legal
procedures, if they decide it - like they regret their rushing in divorce. In this case, the divorce is termed as raj'i or
returnable divorce.
But in case of khul', which is the second category, the husband can't remarry his divorcée till all the legal procedures are
done, all over again, and the husband pays new dowry for her.
Divorce happens three times in the couple's lifetime. The third divorce falls in the third category, because they cannot go
back to one another, till after the wife ‘happens’ to marry someone else, then ‘happens’ to get divorced by him. In this
case, she can go back to her first husband. Such a tough rule was made as a punishment and a way of preventing people
from misusing this tolerant ruling of permitting divorce. The word ‘happens’ is parenthesized because the woman's new
marriage and divorce should come naturally without planning, as many people might do to legalize her return to the first
husband!............" Read entire article Law of Divorce
"...........Divorce is of three categories: raj'i (returnable), baynounah soghra (minor separation) or baynouna kobra (major
separation).
In case divorce happens through the husband, he can take his wife back within three months. This is without any legal
procedures, if they decide it - like they regret their rushing in divorce. In this case, the divorce is termed as raj'i or
returnable divorce.
But in case of khul', which is the second category, the husband can't remarry his divorcée till all the legal procedures are
done, all over again, and the husband pays new dowry for her.
Divorce happens three times in the couple's lifetime. The third divorce falls in the third category, because they cannot go
back to one another, till after the wife ‘happens’ to marry someone else, then ‘happens’ to get divorced by him. In this
case, she can go back to her first husband. Such a tough rule was made as a punishment and a way of preventing people
from misusing this tolerant ruling of permitting divorce. The word ‘happens’ is parenthesized because the woman's new
marriage and divorce should come naturally without planning, as many people might do to legalize her return to the first
husband!............" Read entire article Law of Divorce
DIVORCE
The three religions have remarkable differences in their attitudes towards divorce. Christianity abhors divorce altogether.
The New Testament unequivocally advocates the indissolubility of marriage. It is attributed to Jesus to have said, "But I
tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become adulteress, and
anyone who marries the divorced woman commits adultery" (Matthew 5:32). This uncompromising ideal is, without a
doubt, unrealistic. It assumes a state of moral perfection that human societies have never achieved. When a couple
realizes that their married life is beyond repair, a ban on divorce will not do them any good. Forcing ill-mated couples to
remain together against their wills is neither effective nor reasonable. No wonder the whole Christian world has been
obliged to sanction divorce.
Judaism, on the other hand, allows divorce even without any cause. The Old Testament gives the husband the right to
divorce his wife even if he just dislikes her:
"If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he
writes her a certificate of divorce, gives it to her and sends her from his house, and if after she leaves his house she
becomes the wife of another man, and her second husband dislikes her and writes her a certificate of divorce, gives it to
her and sends her from his house, or if he dies, then her first husband, who divorced her, is not allowed to marry her
again after she has been defiled" (Deut. 24:1-4)...." Read entire article. Divorce
The three religions have remarkable differences in their attitudes towards divorce. Christianity abhors divorce altogether.
The New Testament unequivocally advocates the indissolubility of marriage. It is attributed to Jesus to have said, "But I
tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become adulteress, and
anyone who marries the divorced woman commits adultery" (Matthew 5:32). This uncompromising ideal is, without a
doubt, unrealistic. It assumes a state of moral perfection that human societies have never achieved. When a couple
realizes that their married life is beyond repair, a ban on divorce will not do them any good. Forcing ill-mated couples to
remain together against their wills is neither effective nor reasonable. No wonder the whole Christian world has been
obliged to sanction divorce.
Judaism, on the other hand, allows divorce even without any cause. The Old Testament gives the husband the right to
divorce his wife even if he just dislikes her:
"If a man marries a woman who becomes displeasing to him because he finds something indecent about her, and he
writes her a certificate of divorce, gives it to her and sends her from his house, and if after she leaves his house she
becomes the wife of another man, and her second husband dislikes her and writes her a certificate of divorce, gives it to
her and sends her from his house, or if he dies, then her first husband, who divorced her, is not allowed to marry her
again after she has been defiled" (Deut. 24:1-4)...." Read entire article. Divorce
Divorce in Islam
by WordsAplenty | More from this Blogger
Many people are surprised to learn that divorce is allowed in Islam. After all,
Islam is so strict and rigid in many ways, why would divorce be allowed?
Marriage is Allah's gift to mankind. It offers peace and security, physical
pleasure and children. Marriage is meant to nurture the soul. While no one is
happy all the time, marriage in general should bring happiness and fulfillment
to both parties. Marriage is the center of the family, and also its thermometer.
When the marriage is strong, the family flourishes. When it is weak,
however, the entire family suffers. Allah, in His infinite, wisdom, recognized
that some people would be ill-suited for one another. Rather than force them
to live together in a farce of a marriage, divorce is allowed. However, divorce
is not something to be taken lightly; it is to be used as a last resort. In fact,
getting a divorce without a valid reason is considered a sin. In a hadith
reported by Abu Dawud, Prophet Mohammed (PBUH) said, "Among lawful
things, divorce is most hated by Allah."
Continue DIVORCE IN ISLAM
by WordsAplenty | More from this Blogger
Many people are surprised to learn that divorce is allowed in Islam. After all,
Islam is so strict and rigid in many ways, why would divorce be allowed?
Marriage is Allah's gift to mankind. It offers peace and security, physical
pleasure and children. Marriage is meant to nurture the soul. While no one is
happy all the time, marriage in general should bring happiness and fulfillment
to both parties. Marriage is the center of the family, and also its thermometer.
When the marriage is strong, the family flourishes. When it is weak,
however, the entire family suffers. Allah, in His infinite, wisdom, recognized
that some people would be ill-suited for one another. Rather than force them
to live together in a farce of a marriage, divorce is allowed. However, divorce
is not something to be taken lightly; it is to be used as a last resort. In fact,
getting a divorce without a valid reason is considered a sin. In a hadith
reported by Abu Dawud, Prophet Mohammed (PBUH) said, "Among lawful
things, divorce is most hated by Allah."
Continue DIVORCE IN ISLAM
" O Prophet! When ye do DIVORCE
women, DIVORCE them at their prescribed
periods, and count (accurately), their
prescribed periods: And fear Allah your
Lord: and turn them not out of their
houses, nor shall they (themselves) leave,
except in case they are guilty of some open
lewdness, those are limits set by Allah.
and any who transgresses the limits of
Allah, does verily wrong his (own) soul:
thou knowest not if perchance Allah will
bring about thereafter some new
situation." Holy Qur'an 65:1
women, DIVORCE them at their prescribed
periods, and count (accurately), their
prescribed periods: And fear Allah your
Lord: and turn them not out of their
houses, nor shall they (themselves) leave,
except in case they are guilty of some open
lewdness, those are limits set by Allah.
and any who transgresses the limits of
Allah, does verily wrong his (own) soul:
thou knowest not if perchance Allah will
bring about thereafter some new
situation." Holy Qur'an 65:1
When ye DIVORCE women, and they
fulfil the term of their ('Iddat), either
take them back on equitable terms or
set them free on equitable terms; but
do not take them back to injure them,
(or) to take undue advantage; if any
one does that; He wrongs his own soul.
Do not treat Allah's Signs as a jest, but
solemnly rehearse Allah's favours on
you, and the fact that He sent down to
you the Book and Wisdom, for your
instruction. And fear Allah, and know
that Allah is well acquainted with all
things. HQ 2:231
fulfil the term of their ('Iddat), either
take them back on equitable terms or
set them free on equitable terms; but
do not take them back to injure them,
(or) to take undue advantage; if any
one does that; He wrongs his own soul.
Do not treat Allah's Signs as a jest, but
solemnly rehearse Allah's favours on
you, and the fact that He sent down to
you the Book and Wisdom, for your
instruction. And fear Allah, and know
that Allah is well acquainted with all
things. HQ 2:231
"For divorced women [during 1st & 2nd iddah] Maintenance (should be
provided) on a reasonable (scale). This is a duty on the righteous." 2:241
provided) on a reasonable (scale). This is a duty on the righteous." 2:241
The Law and Practice of Divorce in Islam.
We have already seen, in an earlier chapter in this book that Abu Dawud
recorded a tradition to the effect that of all the things made lawful to men by
Allah, divorce displeased him most.
Divorce, though allowed, is considered blamable (mubah) and, if possible, to
be avoided. (Klein, The Religion of Islam , p. 191).
The Qur'an has two sections which deal exclusively with the subject of
divorce. Although the book does make divorce openly permissible, it hedges
in its sanction of the practice with many safeguards. In the Suratul-Talaq (the
Arabic word for divorce being talaq), it is said:
O Prophet! When ye do divorce women, divorce them at their prescribed
periods, and count (accurately) their prescribed periods: and fear God your
Lord: and turn them not out of their houses, nor shall they (themselves)
leave, except in case they are guilty of some open lewdness, those are limits
set by God: and any who transgresses the limits of God, does verily wrong
his (own) soul: Thou knowest not if perchance God will bring about thereafter
some new situation. Surah 65.1
Divorce is thus not primarily sinful in Islam as it is in Christianity (Matthew 19.
8-9), yet it has considerable restrictions. There has to be an 'iddah, a
"prescribed period" of three monthly courses (Surah 2.228), before the
divorce becomes final. The husband, after declaring to his wife on three
occasions that he intends to divorce her (anti talaq - "you are dismissed"),
must wait three months thereafter before he can finally separate from her,
and the wife likewise must remain in the home during this period to see
whether she is pregnant and to see whether a reconciliation can be made.....
The Law and Practice of Divorce in Islam
We have already seen, in an earlier chapter in this book that Abu Dawud
recorded a tradition to the effect that of all the things made lawful to men by
Allah, divorce displeased him most.
Divorce, though allowed, is considered blamable (mubah) and, if possible, to
be avoided. (Klein, The Religion of Islam , p. 191).
The Qur'an has two sections which deal exclusively with the subject of
divorce. Although the book does make divorce openly permissible, it hedges
in its sanction of the practice with many safeguards. In the Suratul-Talaq (the
Arabic word for divorce being talaq), it is said:
O Prophet! When ye do divorce women, divorce them at their prescribed
periods, and count (accurately) their prescribed periods: and fear God your
Lord: and turn them not out of their houses, nor shall they (themselves)
leave, except in case they are guilty of some open lewdness, those are limits
set by God: and any who transgresses the limits of God, does verily wrong
his (own) soul: Thou knowest not if perchance God will bring about thereafter
some new situation. Surah 65.1
Divorce is thus not primarily sinful in Islam as it is in Christianity (Matthew 19.
8-9), yet it has considerable restrictions. There has to be an 'iddah, a
"prescribed period" of three monthly courses (Surah 2.228), before the
divorce becomes final. The husband, after declaring to his wife on three
occasions that he intends to divorce her (anti talaq - "you are dismissed"),
must wait three months thereafter before he can finally separate from her,
and the wife likewise must remain in the home during this period to see
whether she is pregnant and to see whether a reconciliation can be made.....
The Law and Practice of Divorce in Islam
| Abu Huraira (Allah be pleased with him) reported Allah's Messenger (may peace be upon him) as having said this: Do not outbid in a sale in order to ensnare. No man should enter into a transaction in which his brother has already entered, and no dweller of the town should sell on behalf of the villager. And no man should make a proposal of marriage which his brother has already made and no woman should ask for the divorce of another (co-wife) in order to deprive her of what belongs to her. Sahih Muslim, Book 008, Number 3290 |
WAITING PERIOD AFTER DECLARING
DIVORCE?
"Divorced women shall wait concerning
themselves for three monthly periods. Nor is
it lawful for them to hide what Allah Hath
created in their wombs, if they have faith in
Allah and the Last Day. And their husbands
have the better right to take them back in
that period, if they wish for reconciliation
........." 2:228
* [the waiting period after the declaration and until Divorce is
final!]
DIVORCE?
"Divorced women shall wait concerning
themselves for three monthly periods. Nor is
it lawful for them to hide what Allah Hath
created in their wombs, if they have faith in
Allah and the Last Day. And their husbands
have the better right to take them back in
that period, if they wish for reconciliation
........." 2:228
* [the waiting period after the declaration and until Divorce is
final!]
DIVORCE1
MUSLIMVITALRECORDS.COM
MUSLIMVITALRECORDS.COM
| Narrated Aisha: Regarding the explanation of the following verse:-- "If a wife fears Cruelty or desertion On her husband's part." (4.128) A man may dislike his wife and intend to divorce her, so she says to him, "I give up my rights, so do not divorce me." The above verse was revealed concerning such a case. Sahih Bukhari, Vol 3, Book 43, Num 630 |
DIVORCE WHILE ON MENSES?
Narrated Salim: That Abdullah bin Umar told him
that he had divorced his wife while she was in her
menses so 'Umar informed Allah's Apostle of that.
Allah's Apostle became very angry at that and said,
"(Ibn 'Umar must return her to his house and keep
her as his wife till she becomes clean and then
menstruates and becomes clean again, whereupon, if
he wishes to divorce her, he may do so while she is
still clean and before having any sexual relations
with her, for that is the legally prescribed period for
divorce as Allah has ordered." Sahih Bukhari, Vol 6,
Book 60, Num 431
Narrated Salim: That Abdullah bin Umar told him
that he had divorced his wife while she was in her
menses so 'Umar informed Allah's Apostle of that.
Allah's Apostle became very angry at that and said,
"(Ibn 'Umar must return her to his house and keep
her as his wife till she becomes clean and then
menstruates and becomes clean again, whereupon, if
he wishes to divorce her, he may do so while she is
still clean and before having any sexual relations
with her, for that is the legally prescribed period for
divorce as Allah has ordered." Sahih Bukhari, Vol 6,
Book 60, Num 431
....................................................
Must DIVORCE BE DECLARED:
Narrated Nafi: Ibn 'Umar used to say about the Ila (which
Allah defined (in the Holy Book), "If the period of Ila
expires, then the husband has either to retain his wife in
a handsome manner or to divorce her as Allah has
ordered." Ibn 'Umar added, "When the period of four
months has expired, the husband should be put in prison
so that he should divorce his wife, but the divorce does
not occur unless the husband himself declares it. This has
been mentioned by 'Uthman, 'Ali, Abu Ad-Darda, 'Aisha
and twelve other companions of the Prophet ." Sahih
Bukhari, Vol 7, Book 63, Num 213
Must DIVORCE BE DECLARED:
Narrated Nafi: Ibn 'Umar used to say about the Ila (which
Allah defined (in the Holy Book), "If the period of Ila
expires, then the husband has either to retain his wife in
a handsome manner or to divorce her as Allah has
ordered." Ibn 'Umar added, "When the period of four
months has expired, the husband should be put in prison
so that he should divorce his wife, but the divorce does
not occur unless the husband himself declares it. This has
been mentioned by 'Uthman, 'Ali, Abu Ad-Darda, 'Aisha
and twelve other companions of the Prophet ." Sahih
Bukhari, Vol 7, Book 63, Num 213