Many people are unaware of the seriousness of uttering the word talaq or the man repeatedly claiming that he has given a divorce to his wife.
Please discuss how a talaq can take place, the restrictions and limitations.
Also, if a woman seeks a divorce, what should the steps be?
Re: The proper way of divorcing
it would depend on the country they reside in.
Re: The proper way of divorcing
Correct, but Islamically...
Re: The proper way of divorcing
3 talaqs is the way .. all scholars/school of thoughts are agreed on that. Only debate is .. what constitute 3 talaqs. Some says 3 means at three different times, some says that 3 means uttering the word 3 times, be it in one time or 3 different times.
If hubby claims that he has given 3 talaqs, whether woman heard or not, talaq is valid.
If woman claims that hubby gave 3 talaqs, but hubby said no I did not, then there is a process called 'La'aan' that both will be subjected to.
Re: The proper way of divorcing
if its said thrice, isnt it technically at 3 different time instances? :p
Re: The proper way of divorcing
What is this process La'aan?
Also, what are the ways a woman can ask for and get a divorce?
if its said thrice, isnt it technically at 3 different time instances? :p
Exactly the point that some scholars use to validate their argument .. but some say that no there should be a gap between two uttering (I dont know the ruling of that gap) for it to be counted 2 times ..
What is this process La'aan?
Also, what are the ways a woman can ask for and get a divorce?
La'aan is some kind of oath process that they need to go through, I need to see Bukhari for that...
If woman was given the right of divorce on her Nikah Nama, then she can pretty much use it like husband can, otherwise she has to go through Khulaa. Khula is counted as one talaq only, means husband and wife can get back together with in Iddat period if they want to. After Iddat, they have to re-do the nikah, but if chose to, can go seperate way
Re: The proper way of divorcing
But what if the husband is against the divorce and is not agreeing to having it?
Re: The proper way of divorcing
erm.. arent you two married to each other? :-O
am i watching a train wreck in progress?
say it aint so!
Re: The proper way of divorcing
Queer :D
Alhamdullilah we are happily married.
I am asking for this family that's in trouble. The are probably divorced and don't know it.
erm.. arent you two married to each other? :-O
am i watching a train wreck in progress?
say it aint so!
hahaha .. ab itnay buray din bhi nahee aa'ye bhai ke we talk about that through postings :D
Re: The proper way of divorcing
TLK,
with alot of Respect!
Imagine that scenario!
How would it sound for you, when your Husband comes to you and lets you know over the Phone after a few days "we are divorced" and you don't know about it? How would you feel? Great? You would jump and smile, right?
What kind of perverted statement is this?
"If hubby claims that he has given 3 talaqs, whether woman heard or not, talaq is valid."
Don't you think that makes a woman in Islam look like animal? Because of this perverted opinion and so called wannabe Scholars Islam suffers till Today and you ALL HERE tell us that these are the teachings of Islam!?
This is why one opponent of Islam and Muhammad Mustafa (saw) said:
"Muhammad and his fellows are all perverts. They use their women as sexual objects and when they are done, they throw them away like animals" (nauzobillah)
Shame shall be on these Scholars who have such a perverted view and they call themselves Scholars and Ulema? ***** that!
Re: The proper way of divorcing
Niksik Baji and TLK bhai .. Li'aan is a process .. in which where both the husband and wife ..deny that divorce was given or it was .. and when there is no conclusion ... both husband ..and wife ...first husband will say that if i am lying then May Allah send lanat / Allah Almightys Wrath upon me .. he says it once then the wife says .. that he did give talaq and will say if i am lying then May Allahs Lanat be upon me .. this is done twice .. then when the third time comes ..they are given chance to actually own up as to who is lying and who isnt .. then they send final lanat upon themselves and the marraige is annulled - and they are separted ... so obviously whoever lies ..they re in deep hell ..
and this process is only done when the wife asks for Khula .. but husband does not give khula and this Li'aan is the last resort / process.
:)
Re: The proper way of divorcing
The way of divorcing is described in Quran
Sura Baqra 226-232
[quote]
*YUSUFALI: **002.226 *
For those who take an oath for abstention from their wives, a waiting for four months is ordained; if then they return, Allah is Oft-forgiving, Most Merciful.
*002.227 *
But if their intention is firm for divorce, Allah heareth and knoweth all things.
*002.228 *
Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs, if they have faith 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 women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise.
*002.229 *
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).
*002.230 *
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.
*002.231 *
When ye divorce women, and they fulfil the term of their ('Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage; if any one does that; He wrongs his own soul. Do not treat Allah's Signs as a jest, but solemnly rehearse Allah's favours on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear Allah, and know that Allah is well acquainted with all things.
*002.232 *
When ye divorce women, and they fulfil the term of their ('Iddat), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms. This instruction is for all amongst you, who believe in Allah and the Last Day. That is (the course Making for) most virtue and purity amongst you and Allah knows, and ye know not.
[/quote]
One can recite Sura-e-Talaq as well, as it also give the detail of the Talaq, anything any tradtion against quran is considered null & void
The way of divorcing is described in Quran
Sura Baqra 226-232
One can recite Sura-e-Talaq as well, as it also give the detail of the Talaq, anything any tradtion against quran is considered null & void
Thanks for the references bro.
Please remember though, Quran provides general overarching guidelines about divorce. But you have to apply those principles in today's environment. Child custody, division of assets include cash, stocks, bonds, home etc. has to be considered too. And some of the modern laws do provide guidelines for the finer aspects of divorce.
Re: The proper way of divorcing
^^ U r right about that, as long as traditions and other details are in line of Quran and Sunnah, it is acceptable, but the problem with our muslim brother-hood is that they try to put Quran & Sunnah in line of Tradition...anyway thats another discussion..
TLK,
with alot of Respect!
Imagine that scenario!
How would it sound for you, when your Husband comes to you and lets you know over the Phone after a few days "we are divorced" and you don't know about it? How would you feel? Great? You would jump and smile, right?
What kind of perverted statement is this?
"If hubby claims that he has given 3 talaqs, whether woman heard or not, talaq is valid."
Don't you think that makes a woman in Islam look like animal? Because of this perverted opinion and so called wannabe Scholars Islam suffers till Today and you ALL HERE tell us that these are the teachings of Islam!?
This is why one opponent of Islam and Muhammad Mustafa (saw) said:
"Muhammad and his fellows are all perverts. They use their women as sexual objects and when they are done, they throw them away like animals" (nauzobillah)
Shame shall be on these Scholars who have such a perverted view and they call themselves Scholars and Ulema? ***** that!
dude, I did not invent Islam neither I invented that ruling, nor am I embarrassed about my faith or google or give a damn to the quotes of people who call Muhammad and his fellow perverts.
From my perspective .. it could be any looser who started calling himself opponent and started inventing quotes from thin air .. and as I said, I dont give a damn
Re: The proper way of divorcing
It is good that you dont give a damn for if you gave a damn, there would be a lot to think about. A woman might be happyily sitting at home without even realising that she has been divorced. It is just not the perverts who believe that some archaic laws need to change.