divorce( talaq )/ marriage

Seven Quran Verses that Protect Women in Marriage - OnePath Network

 

 

(Divorce is two times: then one may retain with goodness (and reasonable terms), or let go with goodness (and reasonable terms).)

[2:229]

As a way to help preserve the marriage even when some differences occur, a Muslim man following the Sunnah (way)of the Prophet (Peace be upon Him) may only divorce his wife while she is clean from menses wherein he has not had sexual relations with her in that month. Since this requires some waiting period before the pronouncement of divorce, this allows time for any anger to subside or misunderstandings to be cleared up, and gives time to other family members or mediators to help in reconciliation. If they continue on the path towards divorce, then she must wait three menstrual periods. During this time, he may take her back honorably into marriage. This will be counted as the first divorce and return. If the time lapses and he lets her go her way, she will be fully divorced for the first time, and is free to marry another man.

Her first husband may remarry her with a new contract, if they both choose that option. If he does, and he then again divorces her, he may take her back her within the three menstrual periods, and this will be two divorces and returns. After two divorces and returns, if he divorces her a third time this is called the final and separating divorce wherein they are not allowed to remarry unless she waits the specified time of three menstrual cycles and then freely marries a different man with no intention of availing herself to this means in order to be able to lawfully marry her previous husband . If, for any reason, she becomes divorced from that man, only then, and on the condition that no shady pre-arranged dealings were made to circumvent this rule, can she re-marry her first husband. All these measures are designed to help protect the family and sanctity of the marriage bond, and the rights of the man and the woman. The waiting period is to determine that she is free from pregnancy. In case of pregnancy, the woman has to wait until after delivery before she marries a second husband.

Divorce is ultimately allowed in Islam to escape from any harm caused by the irreconcilable differences. It may become necessary in certain cases. There are strict rules about divorce to protect the interests and rights of the parties involved: the husband, wife and children. Some of them have been mentioned above. Divorce might be forbidden in the case where it would not solve the problem and cause undue harm to one of the two marriage partners, without achieving a needed benefit.

Islamic jurisprudence obligates that in order to avoid divorce, solutions should be sought when critical disputes and differences occur between husband and wife; Allah, the Exalted, states in the Glorious Qur'an:

(And if a women fears cruelty or desertion from her husband, there is no sin on both of them if they make terms of peace between themselves; and making peace is better.)

[4:128]

Allah, the Exalted, also says:

(If you fear a breach between them appoint two arbitrators, one from his family and the other from her family: if the two of them both wish for correction, Allah will cause their reconciliation. Indeed Allah is Omniscient and Well-Acquainted with all things.)

[4:35]

One of the most natural and logical ways to help maintain a successful marriage is to let the man have more control over the divorce process than the woman because it is the man who is financially obliged to take care of his wife, household and family, and has ultimate responsibility of their welfare. Therefore, he must rationally assess the situation, grave consequences, and huge financial and emotional loss that will result from a divorce. The husband will lose the dowry he spent for the marriage, and will have to pay the alimony and child support, as well as any newly acquired expenses from a new marriage on top of that. Thus, with all these considerations, he will not act just out of quick anger, fickleness or passing emotion.

A man is more capable - at least theoretically - of controlling his flitting emotions and personal reactions when upset about the smaller issues in life, especially in terms of disputes with his wife. Divorce should never be a quick reaction for some suffering, misunderstandings, or differences of viewpoints, but only as a last resort and final solution when life becomes dangerously problematic and intolerable, wherein both spouse are afraid that they will not be able to abide by the limits set by Allah and His Prophet about respectable behavior with one another.

Islamic jurisprudence permits the wife to have her marriage nullified upon her request if the husband abuses her physically or verbally. She is also entitled to have the marriage nullified for the following general reasons:

1. if the husband is impotent and cannot perform his marital duties,
2. or if the husband for any reason, refuses to have sexual relations with his wife and fulfill her lawful needs,
3. or is afflicted with a disabling terminal illness after the marriage,
4. or contracts any type of venereal or reproductive disease that may harm the wife or make her lose her desire to be with her husband. Thus, we see that the woman is given the right to seek separation from her husband for legitimate reasons in many situations, exactly as the man has the right to seek divorce. If a wife reaches the extreme limits of patience and abhors her husband, feeling that life is unbearable, then she has the right to divorce. This form of divorce is called annulment, or "Khula", wherein she pays compensation by returning her dowry or some other property. A competent Muslim judge will look into the individual case if the husband refuses to accept the wife's request and if the request is considered sound and valid, will pass a judgment in favor of the woman.
   
   
   SOURCE :

   Power to Divorce is with the Husband ... - Women in islam

    

    

   Divorce (Talaq) In Quran And Islam – Hadith On Divorce (Talaq)
   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)

   
   
   Divorce (Talaq) In Islam – Divorce By Bilateral Agreement.

   
   

   If a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves; …– Surah 4 Verse 128

   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’.

   
   

   Divorce (Talaq) In Islam – Divorce On Husband’s Will2.

   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.

   Divorce (Talaq) In Islam – Divorce On Wife’s Will3.

   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’.

   If a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves; …- Surah 4 Verse 128

   
   

   Divorce (Talaq) In Islam – Divorce As Khulah.

   And the last is ‘Khulah’- 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 ‘Khulah’.But very few people talk about women giving divorce, to the men

   
   

   Divorce (Talaq) In Islam – Quranic Verse 1 On Divorce (Talaq)

   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)

   Divorce (Talaq) In Islam – Quranic Verse 2 On Divorce (Talaq)

   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 Zâlimûn (wrong-doers). (Al-Baqara-229

   
   
   

   Divorce (Talaq) In Islam – Quranic Verse 3 On Divorce (Talaq)

   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)

   Divorce (Talaq) In Islam – Quranic Verse 4 On Divorce (Talaq)

   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)

   Divorce (Talaq) In Islam – Quranic Verse 5 On Divorce (Talaq)

   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 On Divorce (Talaq) In Islam

   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 from Quran about Divorce given in soorah talaq.

   
   

   Divorce (Talaq) In Islam – Quranic Verse 6 On Divorce (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)

   Divorce (Talaq) In Islam – Quranic Verse 7 On Divorce (Talaq)

   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)

   
   
   

   Divorce (Talaq) In Islam – Quranic Verse 8 On Divorce (Talaq)

   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)

   Divorce (Talaq) In Islam – Quranic Verse 9 On Divorce (Talaq)

   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

   source:
    https://contradictionsinquranrefutation.wordpress.com/
   
   
   

   Instructions On Divorce (Talaq) In Islam As Per Above Verses:

   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( via contradiction in quran refutation .wordpress.com )
   
    TRIPLE TALAQ IS COMPLETELY A SUPERSTITION and IT HAS NOTHING TO DO WITH THE QUR'AN
   
   Like many other issues, divorce has been also one of the most abused topics for centuries.
   
   Those who suppose that the Quran is insufficient, add fabricated hadiths into islam to use women as slaves and with this tactic these bigots want to take every rights and authorities including divorce from women.
   This outlandish mentality has made up divorce rules according to their minds and they have caused social degeneration. Thus, women who are unaware of Islam in the Qur'an have been hurt deeply and they have been prevented to admit islam most sincerely.Especially in the Arab States where the traditional Islamic understanding is dominant, marriage finishes with Triple Talaq (In the talaq - divorce, the husband pronounces three times the phrase "I divorce you" ) and after this, couples can not marry again. Thousands of people who make such mistakes, think that their marriages have been terminated so they divorce or they do not divorce but they think that they are commit ting adultery for their whole life.
   
   In Islam in the Qur'an, there is no such an unjust and unreasonable thing. Because the divorce is clearly explained in the Qur'an and the act of divorce is institutionalized. There are some steps to be followed before entering the divorce process. And without this process marriages can not be terminated in the traditional sense.
   
   To sum up, according to the Quran, Islam does not hold Triple Talaq (In the talaq - divorce, the husband pronounces three times the phrase "I divorce you" ) as Lawful.
   
   (Summary of Divorce Method in the Qur’an)
   • There need four months for the couple to think clearly before deciding to divorce. (2:226)
   • At the end of these four months, if women and men are determined to divorce, their waiting period starts and they live in the same house during this period. (65:1)
   • If they decide not to divorce within this time, the divorce is immediately withdrawn. (2: 229 )
   • Divorce is terminated if there is sexual intercourse between the couples during the waiting period (65: 1)
   • The waiting period for women who have normal menstruation cycle finishes at the end of three menstruation periods. The waiting period for women who do not have menstruation is three months ( because of the some illnesses) and the waiting period for pregnant women go on till the birth. (2:228 ve 65:4)
   • If there has not been sexual intercourse between the couple, there is no waiting period for the woman. (33.49)
    • If the couple is determined to divorce after the waiting period of the woman, two witnesses are required to complete the divorce proceedings. (65: 2)
   • By following this step, the divorced couple can be remarried again. This remarriage can happen twice. These couple can not marry again after the second times. If the same couple want to get marry again (third times), the woman has to divorce from an other man with following the same steps that have been told above. (2:230) (via there is no contradiction in quran.com )