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Thread: Querry about divorce

  1. #1
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    Default Querry about divorce

    1) if in a nikah nama its written "husband gives the right of divorce to his wife but in the presence of family heads" and if a woman utters talaq to her husband but NOT in the family heads presence so will it count??

    2)if after nikah the husband and wife wants to change this clause in nikah nama is it possible in shariah law? like if the woman wants tyo give up this right

    3)how can a woman utter talaq to her husband? or does she has to pronounce it to her self?what would be the method in shariah for her?

  2. #2
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    Default Re: Querry about divorce

    I have discuss this in another Islam Forum about Divorce according to the Holy Qur'aan .


    Talaaq , Or Divorce is from the Arabic root word Talaq meaning ''To Fill , Being Set Loose From A Bond , To Divorce ''. Divorce in Al Islaam although permitted is made to be discouraged and only as a last Resort . Only under certain circumstances and of good cause is Divorce Accepted . Either the Wife or the Husband can claim Divorce.

    If a Woman wised to do so , She may return Her Dowry upon the decision of Divorce. However , The Holy Qur'aan does not allow the man to take the Dowry from her . In order to file for a Divorce, According to Islamic Laws, Certain stipulation must be followed . For instance Divorce is not permissible if the Woman is Pregnant , or on her menses . Since Divorce is Frowned Upon , It is not final until Four Months after the Divorce was declared . This waiting period will allow the couple a chance for Reconciliation .

    The Holy Qur'aan 4 ; 4 , 24 -25 Revealed In The Year 625 - 627 A.D. Al Nisaa ( The Enosite Women ) Says , And give Al Nisaa-a 'The Enosite Women , Saduqaatihinna 'Their Dowries , as a Nahlatan 'Gift -Free Will Offering ; so if they allow for you all ( males ) any of the Dowry willingly , so you , ( the males ) are welcome to it , with enjoyment . Verses 24 . And ( also , forbidden unto you are ) Al Muhsanaat 'The Chaste', from the Enosit women ( women who marry as Virgins ) , except for those who you rule by your right hand ( women under your care ) Allah has Kitaaba 'Inscribed , ( in His scriptures by his hands ; for you all and Unilla 'Make Lawful for you all that which is behind for you all , that you all should seek by way of your wealth Muhsineen 'Chaste , Virgins without haveing Musaafiheem 'Premarital Sex and as whom you all have enjoyed by way of it from amongst them , you all are to give them for a limited period .Itis a duty . And there is no crime upon you all in that which whom you all have enjoyed by way of it from after the duty . Surely , The Source Allah is Aliymaan 'Knowing Hakiymaan 'All Wise . Verse 25 . And those if you who are unable , ( not rich enought ) to marry chaste , Enosite women , who are faithful ; then marry those , from amongst the faithful maidens , young Virgins, whom your right hand possesses , ( women under your care ) , for The Source , Allah knows ( best ) your true faith ; how some of you are from others of you - ( Tribes And Families , And Kin ) . So marry them with the permission of their family , and given them their Dowries in fairness , and kindness . They must be chaste women , Virgins , not Musaafihaat 'Fornicators - ( Enosites having premarital sex ) , nor taking ( having ) Akhdaanin 'Secret Affairs . So when they had been chaste women , ( not having had premarital sex ) , so if they bring Faahishat 'Obscene ( indecncy ) , so they are only entitled to have half the punishment , ( pain of Hell . That which is inscribed for the chaste women , virgins ) , That is for hm amongst you all , who dreads falling into evil , and you should be patient ; it is good , for you And The Source , is Ghafuwrun 'Forgiving , Rahiymun 'Most Merciful .

    The Holy Qur'aan 2 ; 237 Revealed In The Year 624 - 626 A.D. Al Baqarah ( The Heifer )
    , Says ; And if you Divorce them before you have Touched Them ( sexually ) , but after having decided the Dowry , then you should give them half of the promised payments , except if they pardon it or he , ( the groom ) , relinquishes the whole Dowry by way of him who holds the marriage contract . To relinquish his way is more righteous for those who tremble at the mention of The Source Allah and don't forget the favor between yourselves Surely , The Source , Allah sees all that you do .

    The Holy Qur'aan 2 ; 227, 230 -231, Revealed In The Year 624 - 626 A.D. Al Baqarah ( The Heifer ) , Says ; And if they decide on Al Talaaq 'Divorce , then surely He The Source , Allah is a Samiy'un Hearing , 'Aliymun All Knowing Allah . Verse 230 , So if , he Divorces her , she is not lawful for him until after ( his former wife ) marries a husband other than him . So if ( the second husband ) Divorces her, then it is not a crime ( sin ) on them , ( the Divorce woman and her formal husband ) , if they return ( to each other ) ; if they think that they can unkeep the limits of The Source , Allah ; He makes them clear for a kindred who know . Verse 231 . And when you Divorced women and they had reached their prescobed time ( for Divorce , which is Four Months ) , then either retain them ( to live in your house ) in fairness , or set them free in fairness ; and don't retain them ( the Divorced women ) to hurt them or to exceed ( the time ) and as for him who does this , indeed his spirit is in a state of unjustness ; and don't take the signs of Allah , as something to mock and remember the grace of The Source on you , and what He The Source sent down to you all of the scriptures ( Qur'aan ) , and Al Hikmah 'The Wisdom , He admonishes you by it ; and tremble at the mention of The Source and know that in all things , Allah is Aliymun 'Ever Knowing . ( Also refer to verses 232 - 241 , Refering to Remarriage After Divorce Provision For Divorces ) .

    The Holy Qur'aan 65 ; 1 Revealed In The Year 627 - 628 A.D. Talaaq ( The Divorce ) , Says ; O you , Al Nabiyy 'The Newsbearer ( Muhammad ) when ( you and your followers ) Tallaqtum 'Divorce , Al Nisaa 'The ( Enosite ) Women so Talliquwhunna 'Divorce Them for 'Iddatihinna 'Divorce Them for Iddatihinna 'Their Prescribed Term ( which is three months ) and count the prescribed term ; and tremble at the ment of The Source Allah your Rabb ; don't make them go from their Buyuwt 'House , and they shouldn't leave except if they come with clear Faahishat 'Abominable ( Dishonorable , Evils ) Deeds ; and these are the Huduwd 'Limits , of The Source Allah and whoever transgresses the limits of The Source , Allah , so indeed he has made himself Dhalama 'Unjust . You don't know that perhaps The Source Allah will brings a Hadiyth 'Tale after that Amr ' Affair , Command ( he may change the situation and you want to get back together ) .

    The Prophet Muhammad ( Pbuh ) and his followers are to count ( The Enosites Women 'Iddah ) , If they Divorce Them , Be kind to ( The Women ) after their Iddah , The Source is Sufficient for he who puts his trust in him , For the ( Women ) , Who have reached Menopause , Their fixed term is Three Months , And the Ahmaal is after their pregnancy , Have two male watchers who will be just , The Source has the power to make everything happen , You are to let The Women dwell whereever you dwell , The Source will make things Yusraam , After the Usr , The Heavenly Host will hold account the villages that disobeyed with a shadiyd chastisement , The Source Allah has sent The Holy Qur'aan as a reminder , Also refer to Holy Qur'aan 2 ; 1 - 10 .

    Ahmad recites The Holy Qur'aan , So perhaps you all will perfect yourselves and get out of the zulumaat , There is jannat for those who work to perfect themselves , The Source is he who Khalaq The Samaawaat And Earth , The Source is qadiyr over everything , He surrounds everything with his Knowldge . Also refer to Holy Qur'aan 2 ; 11 - 12 ,

  3. #3
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    Default Re: Querry about divorce

    brother u did not answer my questions

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    Default Re: Querry about divorce

    Quote Originally Posted by ali maqbool View Post
    brother u did not answer my questions

    Ok , Brother , What your take on your question according to The Holy Qur'aan !

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    Default Re: Querry about divorce

    My understanding is that in Islam husband gives talaq and wife asks for it from her husband . In the event he refuses to give talaq she seeks it from the court

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    Default Re: Querry about divorce

    My understanding on query 1 and 2 is that the answer for numebr 1 is no and 2 is not applicable if the answer to 1 is no.

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