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Thread: Talaq (Divorce)

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    Lightbulb Talaq (Divorce)

    Dear All

    Nikah is an agreement, with full consent between a man and
    a woman -fully matured and sane- for leading married life.
    This aims at a happy family life. When possibility of
    maintaining married life does not remain, both the parties
    are permitted to cancel their nikah - marital tie; and a
    relief from this bond is called talaq generally
    understand as divorce. In the matter of nikah only two
    individuals-man and woman are involved, and therefore, it
    is confined to these two individuals only. The matter of
    talaq is not so confined to two individuals alone;
    sometimes besides them, their children’s interest will be
    affected, and thus it becomes a common matter of the
    society. It is worthy of consideration that at the time of
    formulation nikah deed consent of both the parties viz.
    man and woman is necessary; when the same agreement is
    being terminated, how could only one party namely the
    husband is given all the rights to terminate the same
    unilaterally, saying in one breath talaq-talaq-talaq, and
    driving away the lady from home. At the same time, she is
    helpless to face innumerable troubles to settle the
    matters of divorce.

    Rights and responsibilities of husband and wife are equal,
    and the position of both the parties shall be similar in
    the matter of talaq too. Guidance of the Quran in this
    respect is that, If you fear a breach between the couple,
    then appoint an arbiter from the man’s family and an
    arbiter from the woman’s family. If the two husband and
    wife desire to reach a settlement, Allah Almighty is
    knowing, the Apprised of all. Some of the Islamic
    scholars say that this is An excellent plan for settling
    family disputes, without too much publicity or mud-
    throwing or resort to the chicaneries of the law. The
    western countries recognize this plan in their legal
    systems.

    In the matter to talaq, irrespective of complaint put
    forth either by the husband or the wife, it will be the
    responsibility of the society to appoint a board of
    arbitration. If the wife feels excesses or negligence from
    the husband’s side, the better course will be that both
    husband and wife should sort out their differences or
    appoint a board of arbitration -Quran chapter 4 verse 128-
    The wife can also take her case to the court that she
    too has got full right for divorce as per the law. But the
    efforts of the board will be to settle the matter between
    the husband and the wife amicably. The Quran has used the
    term talaq for husband and wife both; it has not used the
    term khula, which has been coined later. It is said that,
    husband has handed over the right of talaq to the wife,
    but this is not correct. When the wife too has got the
    same right of talaq as that owned by the husband, then
    handing over the right of talaq to the wife by her husband
    makes no sense.

    If a settlement between husband and wife in the matter of
    talaq could not be reached, then the institution or the
    court, which has appointed the arbiters, will pronounce
    the dissolution of the nikah or marriage. This is called
    talaq. In the matter of talaq , the Quran has addressed
    the Prophet Muhammad peace be upon him, who was a judge or
    court -Quran chapter 65 verse 1- This indicated that the
    matter of talaq is not restricted to the two parties i.e.
    husband and wife only, it has wider horizons. The Prophet
    Muhammad peace be upon him, who was assigned by the
    Almighty the role of court, was asked to inform the
    concerned persons that the matter of iddat, waiting
    period, during which a divorced woman or a widow cannot
    marry and this carries a great significance, and this
    should always be kept in mind -Quran chapter 65 verse 1-
    As the iddat is based on menstruation, to account for
    iddat the talaq judgment should not come into effect until
    the concerned woman has completed three menstrual cycles.
    Those who do not menstruate due to physical disorder or
    old age, should wait for three months -Quran chapter 65
    verse 4- only those women whose marriage is not
    consummated, have no waiting period -Quran chapter 33
    verse 49- If a woman is pregnant she must declare it, and
    the waiting period for her is until the delivery -Quran
    chapter 65 verse 4- Iddat or waiting period for a widow
    is four months and ten days -Quran chapter 2 verse 234-

    On pronouncement of talaq by the court, iddat commences
    for the woman; during this period she cannot marry as
    stated earlier. She will remain there only where she was
    living with her husband before the talaq, and the cost of
    her maintenance will be borne by her ex-husband with a
    provision to have the same standard of living she was
    enjoying before the talaq -Quran chapter 65 verse 6-7. If
    the woman is pregnant at the time of talaq, her
    expenditure will be borne by her previous husband till the
    delivery. After the delivery if she suckles baby, and if
    the man cannot make any other arrangement for this, she
    should be paid for the suckling, details for payment have
    to be settled mutually and under the provisions of the
    prevailing law. If this arrangement causes hardship to the
    man, separate arrangement is made for suckling through
    some other woman. While fixing the amount of expenditure
    of the divorced woman during the waiting period or for
    suckling, it has to be done as per the paying capacity of
    the husband. If a person is financially depressed he
    should pay whatever he can -Quran chapter 65 verse 6-7

    Regards
    Nawaz
    www.parvez-video.com
    Parvez Video

  2. #2
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    what about the decision for talaq? My thinking is that the decision for talaq come for the couple themselves. The husband and wife are the ones that should make the decision whether they want to or do not want to be married to each other any longer.
    What if there is outside influence. Say for example, can the husbands brother (who has not much knowledge of what the argument between the couple is about because he didn't ask about that) suggest separation to his brother?

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    Ultimately the decision is up to either the husband or the wife. No one can impose divorce on them. Yes, there can be influence from others, both good and bad influence. Others should look for what is in the best interest of the couple and only give sincere, well-informed, wanted advice.


    “Say: O My slaves who have transgressed against themselves! Despair not of the Mercy of Allah, verily Allah forgives all sins. Truly, He is Oft-Forgiving, Most Merciful.” (39:53)

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    Talaq (Divorce) -

    “If you fear a split between them (the spouses), send one arbitrator from his people and one from her people. If they desire to set things right, Allah shall bring about harmony between them. Surely, Allah is All-Knowing, All-Aware. (35)”
    (Quran Chapter: 4.Verse: 35)


    The clear instruction in the Koran is as follows:

    224 And do not make [your oath by] Allah an excuse against being righteous and fearing Allah and making peace among people. And Allah is Hearing and Knowing.

    225 Allah does not impose blame upon you for what is unintentional in your oaths, but He imposes blame upon you for what your hearts have earned. And Allah is Forgiving and Forbearing.

    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.

    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.

    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.

    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.

    233 Mothers may breastfeed their children two complete years for whoever wishes to complete the nursing [period]. Upon the father is the mothers' provision and their clothing according to what is acceptable. No person is charged with more than his capacity. No mother should be harmed through her child, and no father through his child. And upon the [father's] heir is [a duty] like that [of the father]. And if they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them. And if you wish to have your children nursed by a substitute, there is no blame upon you as long as you give payment according to what is acceptable. And fear Allah and know that Allah is Seeing of what you do.

    234 And those who are taken in death among you and leave wives behind - they, [the wives, shall] wait four months and ten [days]. And when they have fulfilled their term, then there is no blame upon you for what they do with themselves in an acceptable manner. And Allah is [fully] Acquainted with what you do.

    235 There is no blame upon you for that to which you [indirectly] allude concerning a proposal to women or for what you conceal within yourselves. Allah knows that you will have them in mind. But do not promise them secretly except for saying a proper saying. And do not determine to undertake a marriage contract until the decreed period reaches its end. And know that Allah knows what is within yourselves, so beware of Him. And know that Allah is Forgiving and Forbearing.
    http://www.searchtruth.com/chapter_d...slator=29&mac=


    Ibn e Taimiya
    Ibn e Taimiya has confirmed that Imam Ahmad bin Hanbbal had withdrawn from his previous opinion of allowing the legality of three Talaqs in one sitting and in an afterward period he used to say that when I reflected on the Quranic sate I came to the result that Quran permits only Raj’ee Talaq, i.e. divorce in which the husband can remarry her wife. Thus Ibn e Taimiya himself took the position that if someone announces three Talaqs at the spot, those three Talaqs should be treated as one and only one. Even if someone utters the wording of Talaq more than three times, for example hundred times or so, it should be treated only one Talaq at all. They can remarry within the Iddah period (period of at least 2 menstrual cycles) or rearrange Nikah if Iddah period has ended.
    Ibn e Taimiya says that Imam Ahmad’s accompanying persons and followers also adopted this position. Many companions of the holly Prophet like Abdullah Ibn e Abbas, Hazrat Ali (RA), also were of this view.



    The literalists adduce the hadith of the chapter as proof, since Ibn ‘Abbas (Allah be pleased with him) stated explicitly that three divorces used to be counted as one in the time of the Messenger of Allah (Allah bless him and grant him peace); and [they adduce] what Ahmad and others narrated from the story of Rukanah ibn ‘Abd al-‘Aziz ibn ‘Abd Yazid: from ‘Ikrimah, the freed-slave of Ibn ‘Abbas, he said: “Rukanah ibn ‘Abd Yazid, the brother of al-Muttalib, divorced his wife thrice in one sitting, and he became extremely grieved over it.” He said: “The Messenger of Allah (Allah bless him and grant him peace) asked him: ‘How did you divorce her?’ He said: ‘I divorced her thrice.’” He said: “Then, he said: ‘In one sitting?’ He said: ‘Yes.’ He said: ‘Those are [counted as] only one so take her back if you wish.’” He said: “So he took her back.” This is how Ibn Taymiyyah transmitted it in his Fatawa (3:22).

    Maulana 'Usmani tells us that according to Muhammad Muqatil one of the two opinions of Imam Hanifa was that only one divorce will take place if three divorces are pronounced. Similarly according to Imam Tilmisani Imam Malik also held the opinion that only one divorce takes place if three divorces are pronounced. Usmani also quotes from Hafiz Ibn Hajar's Fath al-Bari to the effect that many eminent jurists held that if one pronounces three divorces, only one take place.
    From among the 'ulama of later period, Sheikh Shaltut, who was Sheikh al-Azhar, writes in his Fatwa that if one gives three divorces, only one divorce Talaq-i-raj'i will take place and the husband will have the right to take his wife back by saying so or by having sexual contact with her. Another prominent 'Alim 'Allama Rashid Rida' in his Tafsir al-Manar (Vol. IX, p. 683) has expressed a similar opinion. Another contemporary eminent, Arab 'Alim Shaikh Jamal al-Din al-Qasim has discussed this problem at great length in his book al-Istinas and has concluded that triple divorce has no validity and it should be treated as one divorce only. Quoting all these authorities Maulana 'Usmani says that triple divorce is not in keeping with the rulings of the Qur'an.
    It seems that the qaadi was also of this view, which is that the threefold divorce counts as one divorce. Based on this there is nothing wrong with taking her back.
    But after the ‘iddah is over you cannot take her back, rather you have to make a new marriage contract with her.
    With regard to taking her back after the ‘iddah is over – i.e., after three menstrual cycles – this is not valid, because once a woman’s ‘iddah is completed she becomes a “stranger” for her husband and she is not permissible for him except with a new marriage contract.
    Fataawa Islamiyyah, 3/293
    The literalists adduce the hadith of the chapter as proof, since Ibn ‘Abbas (Allah be pleased with him) stated explicitly that three divorces used to be counted as one in the time of the Messenger of Allah (Allah bless him and grant him peace); and [they adduce] what Ahmad and others narrated from the story of Rukanah ibn ‘Abd al-‘Aziz ibn ‘Abd Yazid: from ‘Ikrimah, the freed-slave of Ibn ‘Abbas, he said: “Rukanah ibn ‘Abd Yazid, the brother of al-Muttalib, divorced his wife thrice in one sitting, and he became extremely grieved over it.” He said: “The Messenger of Allah (Allah bless him and grant him peace) asked him: ‘How did you divorce her?’ He said: ‘I divorced her thrice.’” He said: “Then, he said: ‘In one sitting?’ He said: ‘Yes.’ He said: ‘Those are [counted as] only one so take her back if you wish.’” He said: “So he took her back.” This is how Ibn Taymiyyah transmitted it in his Fatawa (3:22).

    And Allaah knows best.
    Above opinion must confirm from your sheikh, there are deferent opinions
    Resources more
    https://islamqa.info/en/36580
    http://www.desktopclass.com/skills/a...qs-page-2.html
    http://www.islamawareness.net/Talaq/talaq1.html
    http://www.irfi.org/articles/article...ple__talaq.htm
    http://www.systemoflife.com/fiqh/tal...#ixzz4MqQncZhH
    http://www.fatwaislam.com/fis/index....n=sc&sc=24&c=3
    http://www.islamweb.net/emainpage/in...waId&Id=150947
    http://www.darulfatwa.org.au/en/divorce-rules-in-islam/
    https://www.deoband.org/2013/05/fiqh...ounted-as-one/
    : http://www.systemoflife.com/fiqh/tal...#ixzz4MqQncZhH


 

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