Monday, 16 September 2013

When Is A Divorce Not A Divorce In Islam?

When Is A Divorce Not A Divorce In Islam?

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Start In the Name Of Allah The Most Beneficent The Most Merciful

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When Is A Divorce Not A Divorce In Islam?

1- When Woman Is Mensurating
Allah says in Quran
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah , your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah . And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter. [Quran 65:1]

This can also be found in one of the authentic hadith
Narrated Abdullah ibn Umar:
"AbdurRahman ibn Ayman, the client of Urwah, asked Ibn Umar and AbuzZubayr was was listening: What do you think if a man divorces his wife while she is menstruating? He said: Abdullah ibn Umar divorced his wife while she was menstruating during the time of the Apostle of Allah (peace_be_upon_him).So Umar asked the Apostle of Allah (peace_be_upon_him) saying: Abdullah ibn Umar divorced his wife while she was menstruating. Abdullah said: He returned her to me and did not count it (the pronouncement) anything. He said: When she is purified, he may divorce her or keep her with him. Ibn Umar said: The Prophet (peace_be_upon_him) recited the Qur'anic verse: O Prophet, when you divorce women, divorce them in the beginning of their waiting period."
(Translation of Sunan Abu-Dawud, Divorce (Kitab Al-Talaq), Book 12, Number 2180)

2- In Anger
"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." [Quran 2:225]
If a man says that he divorces his wife in anger then it will not be count as divorce. However, anger should be so intense that the person is no longer aware of what he is doing or saying, and becomes like one who is insane or mad. In this case the divorce does not count, according to all the scholars, because he is like one who is insane and mad, who has lost all power of reason.
Prophet (peace and blessings of Allaah be upon him) said: “There is no divorce and no freeing of slaves when it is done by force or in a state of intense anger.”
(Narrated by Ibn Maajah, 2046; classed as saheeh by al-Albaani in al-Irwa’, 2047)

3- Threefold divorce will only be count as one
Divorce in thrice, or divorce by three all at once is considered only one divorce in Islam according to the verdict of the Al-Azhar Islamic Scholarship Organization; one of the largest Islamic Scholarship Organizations in the Islamic world.  It is also considered as one divorce according to the Sayings of our beloved Prophet Muhammad peace be upon him and the man can take her wife back

Narrated Abdullah ibn Abbas:
"Tawus said: AbusSahba' said to Ibn Abbas: Do you know that a divorce by three pronouncements was made a single one during the time of the Prophet (peace_be_upon_him), and of AbuBakr and in the early days of the caliphate of Umar? He replied: Yes."
(Translation of Sunan Abu-Dawud, Book 12, Divorce (Kitab Al-Talaq), Number 2194)

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