Dear Burhan..! Asak..! I juzz wanted to no the detailz abt divorce..all I want 2 no dat is it enuff repeating orally "Divorce"thrice.... n if a man divorces his wife ..is it true that there shd b a witness.. if yes.. how many people will do..n when can de woman remarry.. after divorce n wat is she supposed to do in between..n wat iz de man supposed to do when he divorces his wife. thanx a lot
Mu' meneen Brothers and Sisters,
As Salaam Aleikum wa Rahmatullahi wa Barakatuh. (May Allah's
Peace, Mercy and Blessings be upon all of you)
One of our brothers/sisters has asked this question:
Dear Burhan..!
Asak..!
I juzz wanted to no
the detailz abt divorce..all I want 2 no dat is it enuff repeating orally
"Divorce"thrice.... n if a man
divorces his wife ..is it true that there shd b a witness.. if yes.. how many people will do..n when can de woman remarry.. after divorce n wat is she
supposed to do in between..n
wat iz de man supposed to
do when he divorces his wife. thanx
a lot
a regular reader
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may be some grammatical and spelling errors in the above statement. The forum
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Answer:
Divorce
questions
In the
name of Allah, We praise Him, seek His help and ask for His forgiveness.
Whoever Allah guides none can misguide, and whoever He allows to fall astray,
none can guide them aright. We bear witness that there is no one (no idol, no
person, no grave, no prophet, no imam,
no dai,
nobody!) worthy of worship but Allah Alone, and we bear witness that
Muhammad (saws) is His slave-servant and the seal of His Messengers.
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-232:
229 A divorce is only permissible twice: after that the parties should
either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back
any of your gifts (from your wives) except when both parties fear that they
would be unable to keep the limits ordained by Allah. If ye (judges) do
indeed fear that they would be unable to keep the limits ordained by Allah
there is no blame on either of them if she give something for her freedom.
These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by
Allah such persons wrong (themselves as well as others).
230 So if a husband divorces his wife (irrevocably) he cannot after that remarry her until after she has married another husband
and he has divorced her. In that case
there is no blame on either of them if they reunite provided they feel that
they can keep the limits ordained by Allah.
Such are the limits ordained by Allah which He makes plain to those who
understand.
231 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 anyone does that He wrongs his
own soul. Do not treat Allah's Signs as
a jest but solemnly rehearse Allah's favors 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.
232 When ye divorce women and
they fulfil the term of their (`Iddat)
do not prevent them from marrying their (former) husbands if they mutually
agree on equitable terms. This
instruction is for all amongst you who believe in Allah and the Last Day. That is (the course making for) most virtue
and purity amongst you and Allah knows and ye know not.
Beloved
Sister, there are two types of divorce in Islam:
The first
type is the revocable divorce, namely the first and the second divorce; which
basically means that there is a chance for the couple to reconcile and remarry
after their revocable divorce, if both of them wish to do so.
The
second type is the irrevocable or final divorce, namely the third divorce;
there is absolutely no return or reconciliation if the husband pronounces three
divorces (regardless of whether these three are announced at three separate
occasions or on one occasion) unless the wife marries another man, and the new
husband dies, or of his own will divorces her.
Your Question: I juzz wanted to no the detailz abt divorce..all
I want 2 no dat is it enuff
repeating orally "Divorce"thrice
In light
of the guidance of the Quran and the Sunnah, all that takes to give a divorce in Islam is for
the husband to declare ‘I divorce you’ to his wife in whatever available format
he chooses: be it verbal, written, on the phone, over the email, sms text, etc..
Regardless of whether the statements of the husband are made in jest, as
a joke, in seriousness, or in anger, etc.; it will constitute a pronunciation
of a legal divorce in the Sight of Shariah and Allah Subhanah.
Sunan of Abu-Dawood Hadith 2189 Narrated
by Abu Hurayrah
The Prophet (saws) said: ‘There are
three things which, whether undertaken seriously or in jest, are treated as
serious: Marriage, divorce and taking back a wife (after a divorce which is not
final).’
Allah Subhanah has placed the ties of marriage in the hands of the
husband and bestowed him with three divorce rights in any one marriage; the
first two of which are revocable and the third and last one is irrevocable. If
the husband has made up his mind to divorce his wife the correct and righteous
way in Islam of pronouncing divorce is to make sure that the wife is not in her
menses periods at the time, and declare only one divorce upon her. The
wife should stay in her husband’s house and perform her ‘iddah’
or waiting period of divorce for a period of three menstrual cycles. If the couple agree
to reconcile and revoke the divorce before the end of the ‘iddah’
or waiting period, the husband has the right to revoke the divorce simply by
accepting his wife back or even by conjugating with her, thus signaling the revoking
of his declaration of divorce. This
revocable divorce is only allowed in the declaration of the first and second
divorce.
If the ‘iddah’ of the three menses periods have elapsed and the
couple have not reconciled, then the husband and wife will be considered
officially divorced and separated and the couple are non-mehrams
to each other in the sight of Shariah.
In the
first two revocable divorces, even f the ‘iddah’
period has elapsed and the couple have not reconciled
during that period; they can still marry each other by performing a brand new ‘nikaah’.
But if
the husband pronounces ‘I divorce you’ for the third time, then this divorce
will be absolutely irrevocable in the sight of Allah and Shariah;
and there is no way for the couple to reconcile after this irrevocable third
divorce until the woman marries another man, and the new husband dies, or of
his own will divorces her.
Your Question: n if a
man divorces his wife ..is it true that there shd b a witness..
In
principle, there is no need for a witness to the divorce between a husband and
the wife. If the husband has declared
his divorce, then it will constitute a legal and binding divorce in the sight
of Allah Subhanah and Shariah.
Witnesses
will only be need if the woman claims in a
Your Question: if yes.. how many people will do..
In a case
where the woman claims in Court that her husband has divorced her and the
husband refuses her claim or accusation, the Court will demand that the wife
produce at least two witnesses who can testify that her claim is true.
Your Question: when
can de woman remarry.. after
divorce
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228:
228 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. And women shall have
rights similar to the rights against them according to what is equitable; but
men have a degree (of advantage) over them and Allah is Exalted
in Power Wise.
If the
husband does not reconcile and take his wife back before the ‘iddah’ period of divorce is over, the couple will be
officially divorced and must separate.
At this time, the woman is free to marry anyone of her choice, if she
wishes to do so.
Your Question: wat is she supposed to do in between
Islam
guides that during the ‘iddah’ or waiting period
between the pronouncement of divorce and the actual separation at the
completion of three menstrual cycles, the couple must fear Allah, live in the
same house in peace and harmony, and if possible, try to reconcile their
differences (applicable only in the first two ‘revocable’ divorces).
If the
husband takes her wife back, or the two of them
conjugate during this period of ‘iddah’ in the first
two revocable divorce, the divorce will be deemed null and valid and the couple
may continue living as husband and wife again.
But when
the third and irrevocable divorce is pronounced, there is absolutely no chance
of reconciliation between the two. But
even during that period of ‘iddah’, the couple must
fear Allah and wait out the waiting period in peace.
Your Question: wat iz de man supposed to do when he divorces
his wife.
Allah Says in the Holy Quran Chapter 65 Surah Talaq verse 1:
1 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.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 19-21:
19 O ye who believe! Ye are forbidden to inherit women against their
will. Nor should ye treat them
with harshness that ye may take away part of the dower ye have given
them except where they have been guilty of open lewdness; on the contrary live
with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye
dislike a thing and Allah brings about through it a great deal of good.
20 But if ye decide to take one wife in place of another even if ye had
given the latter a whole treasure for dower take
not the least bit of it back: would ye take it by slander and a
manifest wrong?
21 And how could ye take it when ye have gone in unto each other and
they have taken from you a solemn covenant?
Since
Allah has bestowed the ties of marriage in the hands of the husband in Islam,
he is bound by strict boundaries of what he can do and especially what he
cannot do; so that the rights of the woman are safe and protected. Islam guides that just as the two of them at
one time agreed to marry and live their lives in peace and harmony together; if
a situation arises where the two do not wish to continue to live together as
husband and wife, they should fear Allah and just as they as they united in
peace, they should separate in peace.
Here’s
what a husband is commanded to do after he pronounces divorce to his wife:
Fear
Allah
Count
accurate the prescribed period of the ‘iddah’ of divorce
Absolutely
cannot force or coerce the wife in anyway to leave the house during the period
of divorce.
Absolutely
cannot treat the wife with harshness, abuse, cruelty, spitefulness, slander,
mud-slinging, blame-mongering, or any injustice whatsoever.
But
rather live out the waiting period on a footing of kindness, patience, and
justice.
And finally,
absolutely cannot demand or take back anything from the ‘mehr’
he gave her or any other gift which he presented to her during their time of
marriage.
Dear and
Beloved Sister in Islam, the above answer is only a general preview to the
conditions and legality during divorce.
There are some variations like when the woman is pregnant, her rights
and the rights of the baby after divorce, etc. which we have not gone into here;
but rather just presented a general overview of the conditions of pronouncing
divorce in Islam.
Every
believing man and believing woman who marries or wishes to marry must know the Shariah laws of marriage and divorce, and the rights which
Allah has bestowed upon the believers so that they may live their lives in
accordance with the boundaries and commands of Allah Subhanah.
If you
have any questions or need any further clarification on the subject, please do
consult a good knowledgeable and pious scholar, or alternatively you could
write to us and we shall strive to the best of our ability to guide you in
light of the Quran and the Sunnah,
Insha Allah.
Whatever
written of Truth and benefit is only due to Allah’s Assistance and Guidance,
and whatever of error is of me. Allah
Alone Knows Best and He is the Only Source of Strength.
Your Brother and sincere well wisher in Islam,
Burhan
