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 talaaq ka islami tareeqah
DIVORCE IN ISLAM
Marriage and divorce are two basics of our family system. Beginning of a new family starts when two male and females decide living together after a formal marriage contract. In Islam, marriage can not become a valid legal contract till both male and female freely agrees on it. Willing of the bachelor female's wali (her father or other legal patron) is another requirement for the assistance of the female as she alone could not select the right life partner for her. However, it is no more required if she is re-marrying after the divorce or the death of her husband. Marriage of a minor or underage girl can be done by her wali's wish alone. Quran allows such marriage of minor girls in surat talq-4. According to Islamic scholars, such minor girl have the right to cancel her marriage as when she becomes adult if she is not yet handed over to her husband.
After marriage both male and female life partners have almost equal opportunities to get divorce if they don't want to live together. However it should be noted that as per our beloved prophet (peace be upon him): Allah did not make anything lawful more abominable to Him than Divorce. Of all the lawful acts the most detestable to Allah is Divorce. (Sunan Abu dawud: Book #12, Hadith #2172-2173)
Renowned Islamic scholar Dr Zakir Naik says that there are five way to get divorce in Islam.
Dr. Zakir Naik:A woman cannot give 'Talaq' - because Talaq' is a Arabic word used for divorce, when a man gives to a woman - husband gives to a wife - but a woman can divorce.
There are 5 types of divorce, in Islam
1. The first type is by unilateral… by unilateral agreement, between the husband and wife - Both may say… 'Okay, we are not compatible… let us part'.
2.The second type, is by the unilateral will of the husband, that is called a 'Talaq', in which, he has to forgo his 'Meher'. If he has not paid it, he has to pay it to her… and including the gifts, he has given to her.
3.Third type, is by the unilateral will of the wife - I repeat, by the unilateral will of the wife… if she mentions it in her marriage contract. If she mentions it in her Nikah-Nama… in her marriage contract, that she has the right to give unilateral divorce, she can give it - It is call as 'Isma'. I have never heard of anyone speaking of an 'Isma' - It is called as 'Isma' - Even a woman can give divorce, 'Isma'.
4. Fourthd category is, if the husband ill-treats her, or not give her equal rights, she has the right to go to a Kazi, and nullify the marriage - It is called as 'Nikah-e-Fask'. In this, according to the Kazi, he may ask the husband to give the full 'Meher', or part of the 'Meher', depending upon the Kazi.
5.And the last is 'Kulah'- that even though the husband may be a very good husband, the wife has got no complaints against the husband, but for personal reasons, she does not like the husband - she can request the husband, to divorce her - and that is called as 'Kulah'.
But very few people talk about women giving divorce, to the men. Some of the Ulemas have categorized these 5 types of divorce, into 2 or 3 different categories, but broadly there are 5 types of divorce, in Islam. Hope that answers the question.
Here are some Quran verses dealing with divorce affairs.
And divorced women shall wait (as regards their marriage) for three menstrual 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 the better right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them. And Allah is All-Mighty, All-Wise. (Al-Baqara-228)
The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal - money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul' (divorce). These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, and then such are the Zâliműn (wrong-doers). (Al-Baqara-229)
And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allâh, which He makes plain for the people who have knowledge. (Al-Baqara- 230)
And those of you who die and leave wives behind them, they (the wives) shall wait (as regards their marriage) for four months and ten days, then when they have fulfilled their term, there is no sin on you if they (the wives) dispose of themselves in a just and honorable manner (i.e. they can marry). And Allah is Well-Acquainted with what you do (Al-Baqara-234)
O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no iddah (divorce prescribed period) have you to count in respect of them. So give them a present, and set them free (i.e. divorce), in a handsome manner. (Al-Ahzab-49)
On the basis of above verses, Islamic scholars have compiled following valid points.
1. Husband can give maximum three divorces to his wife.
2. After one or two divorces, he has right to take back his divorcee within iddah period and after iddah period he can re-marry with her.
3. If three divorces have been given, husband has no right to take back his divorcee.
4. After three divorces, husband can not re-marry with her divorcee till she marries with another person and get divorce from that person. This is called halalah in Islamic shariyat.
5. Iddah of a divorcee woman is three menstrual periods. Only after this period, she can marry to any one else.
6. No iddah period is required if woman is divorced before sexual intercourse.
7. Iddah of a widow woman is four lunar months and ten days.
8. Iddah of a pregnant widow or divorce woman is the period till she delivered the child.
Let's recite some more verses given in soorah talaq.
O Prophet (SAW)! When you divorce women, divorce them at their 'Iddah (prescribed periods), and count (accurately) their 'Iddah (periods). And fear Allâh your Lord (O Muslims), and turn them not out of their (husband's) homes, nor shall they (themselves) leave, except in case they are guilty of some open illegal sexual intercourse. And those are the set limits of Allâh. And whosoever transgresses the set limits of Allâh, and then indeed he has wronged himself. You (the one who divorces his wife) know not, it may be that Allâh will afterward bring some new thing to pass (i.e. to return her back to you if that was the first or second divorce). (talaq-1)
Then when they are about to attain their term appointed, either take them back in a good manner or part with them in a good manner. And take as witness two just persons from among you (Muslims). And establish the testimony for Allâh. That will be an admonition given to him who believes in Allâh and the Last Day. And whosoever fears Allâh and keeps his duty to Him, He will make a way for him to get out (from every difficulty). (2) And He will provide him from (sources) he never could imagine. And whosoever puts his trust in Allâh, then He will suffice him. Verily, Allâh will accomplish his purpose. Indeed Allâh has set a measure for all things. (3)
And those of your women as have passed the age of monthly courses, for them the 'Iddah (prescribed periods), if you have doubt (about their period), is three months, and for those who have no courses (i.e. they are still immature) their 'Iddah (prescribed period) is three months likewise, except in case of death . And for those who are pregnant (whether they are divorced or their husbands are dead), their 'Iddah (prescribed period) is until they laydown their burden, and whosoever fears Allâh and keeps his duty to Him, He will make his matter easy for him. (Talaq-4) That is the Command of Allâh, which He has sent down to you, and whosoever fears Allâh and keeps his duty to Him, He will expiate from him his sins, and will enlarge his reward. (Talaq-5)
Lodge them (the divorced women) where you dwell, according to your means, and do not harm them so as to straiten them (that they be obliged to leave your house). And if they are pregnant, then spend on them till they lay down their burden. Then if they give suck to the children for you, give them their due payment, and let each of you accept the advice of the other in a just way. But if you make difficulties for one another, then some other woman may give suck for him (the father of the child). (6) Let the rich man spend according to his means, and the man whose resources are restricted, let him spend according to what Allâh has given him. Allâh puts no burden on any person beyond what He has given him. Allâh will grant after hardship, ease. (Talaq-7)
In above verses following instructions have been given to men and women on divorce affairs.
1. Do not divorce a woman during her menstrual periods. Divorce should only be given in her that neat and clean period in which sexual intercourse is not done. Woman can be divorced if she is pregnant. It should be noted that divorce will be still valid if it is granted against these quranic instructions. However they will be considered as sinful.
2. After having divorce, woman should stay to her husband's home till the end of iddah i.e. three menstrual periods. She should not leave her husband's home nor should her husband force her to leave home.
3. While divorcing a woman, man should witnessed two persons. Please note that witnessing is better for both parties. Otherwise divorce will be legally valid without witness too.
4. Iddah period of old women is three lunar months if she is no more menstruating.
5. Iddah period of a minor or underage girl is also three lunar months if she has not yet started menstruating. Quran here not only allows marrying with such minor girl but also allows sexual intercourse with underage wife. Because there is no iddah period of untouched divorced wife as mentioned surah Al-Ahzab-49.
6. During iddah period, husband is responsible to bear expenses of his divorced wife.
7. If divorced wife is pregnant, the man is responsible to bear all her expense till delivery and expense of his child after birth as well.
(The End)
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