yup indeed its true that a woman is meant to spend her iddat in her husband's house (where she has been living)...in our society it doesnot happen like this cause either the susral/husband kicks you out or either the woman goes by herself.
you earlier said "quran doesnot give you the right to say three tallaqs in one go" so does that mean if a husband says three tallaqs all at once then the tallaq doesnot happen???? or will it be counted as one tallaq, or whole tallaq since he has said all three of them.
To my understanding Divorce is a serious matter that is why ALLAH sent a whole chapter regarding this matter. ALLAH has told step by step procedure to give divorce. As you can see in Surah Talaq husband can let his wife go even after first talaq but she has to complete her iddat and he has no right to push her out.
On the other hand in Surah Baqarah 229-230:
*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).
So if a husband divorces his wife (irrevocably), He cannot, after that, re-marry 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 re-unite, 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.*
So when when it comes to three talaqs i dont get whats the pupose of it ? only reason it is used for is to throw wife out rite away which is not allowed. If you really want her to go, you dont have to give her three talaqs just give her one talaq and wait for her iddat to end then you can let her leave with kindness.
^ thanks for that explanation. i am confused too the focus here is on 1 or 2 tallaqs as mentioned in surah-e-tallaq then why do people say three tallaqs. i guess i will need to go in depth for that. maybe a tafseer for surah-e-tallaq. cheers
1.according to some scholars..........for talaaq to be permanent/irrecovable........there need to be 3 distinct events of talaaq separated by time with 3 iddats.......
2.the other set of scholars say that permanent/irrevocable talaaq is established ...even if its done at a same point of time.........all that is required is utterance of the word three times..
Okay here is an important question that i have never heared anyone ask.
During the iddat like after 20 days, husband realizes he was wrong and goes to wives says sorry and wifes understand that they both got carried away by the heat of moment. **Now they wana get back together, **DO THEY HAVE TO WAIT FOR IDDAT TO END OR CAN THEY DO IT during iddat ?
^ first of all, there are three stages in talaq. A man divorced his wife. now he has three months (or time of three monthly cycles) to reconcile. During this time, his nikah remains valid. If he reconciles within the time limit, he can have his wife without a new 'Nikkah'. If that time limit is over then he can only get back his wife after mutual reconciliation and doing 'Nikkah' again. At this time, the wife of course has the right to say no as the nikah has broken. and she can marry someone else. This facility of divorcing and getting back together is only valid for two times. If at another time, he divorces his wife for the third time then it is irrevocable and they cannot get back together even with a new Nikah.
[QUOTE]
2:228) And the divorced women shall wait concerning themselves for three courses; and it is not lawful for them that they conceal what Allah has created in their wombs, if they believe in Allah and the Last Day; and their husbands have the greater right to take them back during that period, provided they desire reconciliation. And they (the women) have rights similar to those (of men) over them in equity; but men have a rank above them. And Allah is Mighty, Wise.
^You said the wife and husband are allowed to get back together if she is still doing her iddat (a new nikkah wont be needed) or mutual reconciliation (a new nikkah needed since iddat time passed). this facility is only available two times.
so how about halala? cant they get back together doing halala if its the third time?
also if the the man has divorced his wife and than contacts her before her iddat finishes. has she got a choice to say yes or no to him?
so how about halala? cant they get back together doing halala if its the third time?
yes..but the halala is not as shown in the drama and movies......the halala nikah has to be genuine....with intention of keeping that new nikaah and not as a bypass/work around.........the halala as shown in TV is totally haraam.
yes..but the halala is not as shown in the drama and movies......the halala nikah has to be genuine....with intention of keeping that new nikaah and not as a bypass/work around.........the halala as shown in TV is totally haraam.
yes the way it was was shown in dramas was indeed wrong. if she is divorced by her second husband/or takes husband due to a fight/issue she is free to marry anyone including her first husband.
getting married again doesnot require them to fill a separate nikah form or state that they have been hubby and wife before???
^ well as the name suggests it means "your wife has again become halal for you, you may marry her".
but the term makes it sound like as if the wife is allowed to marry a second man and then take divorce with the intention of getting married to her first husband.
^You said the wife and husband are allowed to get back together if she is still doing her iddat (a new nikkah wont be needed) or mutual reconciliation (a new nikkah needed since iddat time passed). this facility is only available two times.
so how about halala? cant they get back together doing halala if its the third time?
also if the the man has divorced his wife and than contacts her before her iddat finishes. has she got a choice to say yes or no to him?
about halala: Halala is actually planning their getting back together i.e., woman gets married to another man, consummates the marriage and gets divorce just to be with the first husband. THIS is totally ILLEGAL and UNACCEPTABLE in Islam and equates to making a mockery of divine law.
The woman can get married to another man if she wishes to and start living with him and in case similar situation arises and she gets divorce again then she has the option to marry her first husband but this process cannot and must not be planned.
This whole process is meant to tell the people that marriage and divorce is not a game that you can do again and again. This law actually sets a deterrence to divorce.
regarding your second question, I am not completely sure about it but within in 'iddat' time period, the nikkah is still valid. If the woman wants to say no and man wants to reconcile then I think woman should resort to 'Khulla'
about halala: Halala is actually planning their getting back together i.e., woman gets married to another man, consummates the marriage and gets divorce just to be with the first husband. THIS is totally ILLEGAL and UNACCEPTABLE in Islam and equates to making a mockery of divine law.
The woman can get married to another man if she wishes to and start living with him and in case similar situation arises and she gets divorce again then she has the option to marry her first husband but this process cannot and must not be planned.
This whole process is meant to tell the people that marriage and divorce is not a game that you can do again and again. This law actually sets a deterrence to divorce.
regarding your second question, I am not completely sure about it but within in 'iddat' time period, the nikkah is still valid. If the woman wants to say no and man wants to reconcile then I think woman should resort to 'Khulla'
Indeed the way some ppl do halala is wrong. Plus this is the last resort for the hubby and wife to be together. like if her first hubby divorced her and she got married to another man and he divorced her too. and then she married her first hubby again. so if this time he divorces her they cannot back together via anyway (as far as i know).
The waiting period (delay of Talaaq) if the Wife is pregnant is mainly to protect the Innocent Life! ... yet to be born!
even if the baby is not of the husband's and biologically another man's because of the wifes wrong doing, the Husband will be it's legal Father..............
So child will not suffer the humilty of an illegitamate birth!
it is all about the innocent child!
peace TLK...... I am sure you were wrong on this one !
first of all, as I said earlier, marriage and divorce are not trivial matters as many people try to make them seem so. If applied as per Quranic doctrine, a man can divorce his wife twice with waiting period attached to each one of them. During that waiting period, husband can take his Talaq back or resort to reconciliation without any need of new Nikkah but if waiting period has passed then they can marry again. Once the two chances that Allah has given them are exhausted then third divorce will result in a curtain between them with only one remote possibility of reunion. that possibility means that woman, with her own free will, not having a plan of reunion with the former husband, can marry another man. Now as susana said, if situation of divorce arises between them then again they will have to go through the same procedure of Talaq as mentioned above. In short, after third divorce, marrying or forcing the woman to marry with a plan for reunion with the ex-husband is not Islamic.
The waiting period (delay of Talaaq) if the Wife is pregnant is mainly to protect the Innocent Life! ... yet to be born!
even if the baby is not of the husband's and biologically another man's because of the wifes wrong doing, the Husband will be it's legal Father..............
So child will not suffer the humilty of an illegitamate birth!
it is all about the innocent child!
peace TLK...... I am sure you were wrong on this one !
You are right. I just want to correct one thing i.e., if a woman is pregnant, divorce happens but waiting period (IDDAT) lasts till the baby is born and till that time, the man is asked to keep the woman in his house and take care of her till the time of delivery. same rules of IDDAT applies here as are for normal conditions.
[QUOTE]
65:7)
Lodge them during the prescribed period in the houses wherein you dwell, according to the best of your means; and harass them not that you may create hardships for them. And if they be with child, spend on them until they are delivered of their burden. And if they give suck to the child for you, give them their recompense, and consult with one another in kindness; but if you meet with difficulty from each other, then another woman shall suckle the child for him (the father).
I think my first question "whether man can divorce her wife while she is pregnant?" is being looked at in a different way. I'll explain how this question arised in my mind and it may help you guys understand better as to what exactly is my question.
"i was watching a pakistani drama in which the dude says to his mom "i am going to give her (my wife) tallaq". To which the mom scolds him for thinking about this step and replies "you should know that you cannot give her tallaq while she is pregnant"------> I have found my answer as provided by lethal.
Yeah i just got to know you cant divorce your wife when she is pregnant and i was watching the drama too where the guys mom was like no you cannot divorce ur wife until birth take place...I think we are talkin bout same drama "samdhan;)"