Conditions of divorce in islam

Talak (Divorce) 

The process of divorce in three stages in Islam allowed to a man is known as talaq. Some allege Islam for allowing the right of Divorce to men. From the time Shabanu is divorced this propaganda spread all over the country. In marital life the woman is affected much. She loses her girlishness and the beauty if she gives birth to children. When a man divorce her, her life will be at stake. She can‟t get renovation.

Getting remarriage is also v ery hard ev en v irgins are stagnant, who will come forward to marry a divorced woman. So, the people criticize Islam in support of the divorced victim. It is true that women are affected very much when they are divorced. Why should we not prohibit Talak is also a good question? But the answer for it is more reasonable and justifiable when we consider the outcome of it.

Conditions of divorce in islam

Let us analyze both the consequences of allowing and denying the Talak. In both the cases, there will be some bad consequences. But in allowing it, we will get less bad consequences than in allowing it. Islam permits divorce wisely to avoid worst consequences. We can explain it in detail. For example a Hindu husband is not allowed to divorce his wife. When a Hindu husband dislikes his wife for a reason and he wants to divorce her.

Then, he should go to the court and declare a justifiable reason to convince the judge to get an order of div orce from the court. But, it is a tedious time consuming and expensive onerous job.  Leaving without any conjugal life He prefers to be with a concubine leaving his wife without any conjugal life. Ev en the wife‟s expenses will be denied. If she raises her voice for the right, she will be tortured.

Grounds for divorce in islam

There are so many victims in our country. Alleging with obscene blame The husband alleges his wife with obscene blame to get divorce from the court. He coins such blames, creates false witnesses and cheats the court to dance upon his whims and fancies. Murdering cruelly Impatient husband who can‟t wait for the judgment of the court and who do not want to spend for the case burns her with petrol and pretends as if it happened due to stove blasting. This kind of cruelty is the common incidents.

It is impossible to prove, as there is no eye witness for the happening and all the traces of the cases are wiped off. To avoid all these awkwardness, what is wrong in allowing divorce? Knowing the cruel nature of man, Islam has unwillingly permitted man to divorce his wife to protect her honor and life.

Divorce in islam in anger

If there is right to divorce for the husband himself he can easily divorce her. She also can remarry, as she likes, if she has the right to remarry as Islam allows. Those who criticize Talak should give a flawless solution to avoid all the above mentioned atrocities of man to avoid divorce. As Islam advices that the act of Divorcing should be easy, it does not mean that encourage doing it in haste.

On the contrary it doesn‟t allow div orcing it in haste. Islam guides to consider so many things before divorcing. Gentle advice for returning back to straight path A husband who face problem with his wife should advise her gently by pointing out her blemishes, her duties, and the future of the children and his responsibilities to protect her and how much he is affected by her behavior. If she did not understand it and did not correct herself, he may be forced to divorce her.

Then what are the bad consequences she has to face. If you afraid that there will be cleft, advise her (Al-Quran 4:34) From this advice, you should not misconstrue that women only will commit mistakes and the men never will commit mistakes. That is why Islam did not fail to advise men more forcefully than this. “Be decent with your wives. You may hate a thing from her. But it is not right.

Divorce in islam three times

In what you dislike from her, in which Allah might have reserved so many good things” (Al-Quran 4:19) “Be good to your wives. They are created from curved ribs. If you use it with that bend, it will be benefitted. If you work to straighten it you may break it.” said Prophet Mohammed (PBUH). Buhari 3331 and 5186 “If you find any bad thing from your wife, do not hate her immediately.

If you watch, you can find some other good things from her.” said Prophet Mohammed (PBUH). Buhari 2672 Abstaining from Bed to correct Even after you politely advised her, she did not change herself, to show your dissatisfaction, your hatred and the necessity of conjugal life and to impress her that you can separate her permanently, keep aloof her from your bed temporarily. “Abstain her from your bed temporarily” (Al-Quran 4:34).

When a woman is haughty that the husband is fascinated and he can‟t be without her, if her intimacy and femininity is ignored by her husband, she will clearly understand that her husband may give up her. She may correct herself. Thereby divorce will be avoided. Beating lightly to correct Even the above mentioned two actions do not have any effect on the wife and she still remains adamant, as a third option Islam allows to beat her lightly to correct her.

“Beat them lightly” (Al-Quran 4:34). It does not mean to beating with full strength. Prophet Mohammed (PBUH) has prevented beating in the face or wound the women anywhere. Buhari 4942, 5204, 6042 If her husband beat her, she understands that he is ready for all. So she corrects herself and the divorce is prohibited.

Triple talaq in quran

Islam permits the husband to beat her in order to correct her. But this also is criticized by others. But in reality non-Muslims beat and torture their wives more severely than the Muslims. The order of Prophet Mohammed (PBUH) prevents Muslim torturing his wife. Judgment of Jamaath When all the above mentioned 3 actions fail to correct the women, Muslim Jamaath will intervene to settle the matter between the couples.

“If you afraid there will be separation between couples, let a well-wisher from each side of the couples as messengers try to bring the compromise between the couples. Allah the omniscient knows everything. (Al-Quran 4:35) To solve any problem, if the concerned parties alone talk to themselves they can‟t come to a compromise.

Because, they will approach the problem on the ground of feelings and they will be obstinate in their positions only. It is no exception for the problem arising between couples. Therefore, the well-wishing relatives who are not directly involved in this problem and who like the couples to join together try to solve the problem.

Then the accusations, the likes and dislikes of the couples considered impartially avoiding divorce and arriving at amicable settlement. Even this fourth option fails, and then there is no meaning for the couples to live together. Then Islam allows „Talak‟ div orce unwillingly as there is no other go.

The Procedure of „Talak‟ (Divorce) in 3 times Even in this situation also, Islam does not prescribe divorce impatiently. Islam prescribes three stages for declaring „Talak‟ (Div orce). In the first two times of interval, if the couples reconsider their decision of separation and like to join together they can. If they utilized the third time also, then they have to separate themselv es permanently.

This is the procedure of „Talak‟ (Divorce) in Islam. The First stage Islam prescribes three stages/opportunities for „Talak‟ (Divorce). If a man declares „Talak‟ (Div orce) for the first time it is considered as First Stage. When the husband declares „Talak‟ (Div orce) to his wife for the first time, if his wife is not pregnant and they wish to live together again they have to wait till she gets her third menses and before she gets purified from it.

If his wife is pregnant and they wish to live together again they have to wait before she gives birth to the child. For those old women had passed the age of monthly courses, if their husband wished to live together, they should within 3 months. There is no other ceremony for it. As soon as the husband declares „Talak‟ (Divorce) to his wife for the first time, their marital relationship does not end. It is a temporary pause only.

If did they not join together within the stipulated time can‟t they join forever? It is not so. Even after a long time also they can join again. But, they have to remarry in Islamic way again. For your young women if you have any doubt and those who had passed the age of monthly courses, for them all the prescribed period is the same 3 months. For the pregnant women, until they deliver their burdens. (Al-Quran 65:4)

Divorced women should wait for three menses periods. If they have faith in Allah and the Last Day, it is not lawful for them to hide what Allah has created in their wombs. If their husbands wish for reconciliation, they have the better right to take them back in that period. (Al-Quran 2:228) The Second stage The husband who utilized the first opportunity of, „Talak‟ (Divorce) while liv ing together finds it difficult to continue anymore can divorce as he did earlier and join again in the same way.

This is the second opportunity. Thus declaring „Talak‟ (Divorce) is twice only. The divorce is permissible twice only. Then, the couples should either have together on justifiable terms or separate from each other with kindness. (Al-Quran 2:229) The Third stage The husband who utilized the two opportunities of, „Talak‟ (Divorce) while living together finds it difficult to continue anymore can divorce as a third time.

But he can‟t retrieve after it, as he used his last opportunity. If again the husband wants to take her back, she should be married to another man and he should also declare „Talak‟ (Div orce) to her. Then her first husband can marry her again. As the condition is very severe the husband will not dare to use it and thereby „Talak‟ (Div orce) will be av oided. If a husband divorces his wife for a third time, after that, he cannot re-marry her until she is married to another husband and he also divorces 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. Allah makes it clear to those who understand. (Al-Quran 2:230) „Muthtalak‟-Divorcing thrice at a time explanation There is a misconception among Muslims. Some Muslims misconstrue that if a man declared 3 Talak, or Muthtalak or Talak, Talak, Talak, at a time, it means he has utilized all his three chances of Talak.

Among the contemporaries of Prophet Mohammed (PBUH) if a man declared Muthtalak, it was considered that the man used his right for a time only. Ibnu Abbas (RL) Muslim 2689-2691 Talak is the 3 chances bestowed to men to show his hatred towards his wife for leaving her. Getting angry, if a man tells many Talak at a time, it means he used his chance of declaring Talak. Some Muslims consider if a husband used the word „Muthtalak =3 Talak‟ he can‟t get his wife back. He is separated permanently from his wife.

Muslims should give up this wrong notion. This is only criticized vehemently by others. If it is understood properly, though Islam allowed men to declare „Talak‟ (Divorce), the procedure to adopt it is meaningful, impartial thinkers will accept it. Women‟s Right to Divorce Islam has given right to Divorce for both sexes equally. But the procedure only differs.

Though some ignorant Muslims deny it for women, we can‟t blame Islam for it. The wife of Sabith Bin Khais informed Prophet Mohammed (PBUH) that she can‟t blame the conduct and character of her husband but she does not like to live with him. The Prophet Mohammed (PBUH) enquired her whether she can return back the garden she received from him as Mahar. She replied her consent.

The Prophet Mohammed (PBUH) informed Sabith Bin Khais to receive the garden and divorce her. _ Ibnu Abbas (RL) Buhari 5273, 5277 If the women do not like her husband she has to report to the community leader. This arrangement is in practice as she has received Mahar from the husband and she has to return it back to him in public. Moreover, after divorce they have to suffer a lot to recover their life.

So, she should not take any hasty decision. When she report to the community leader, he may advise her. That is why, it is better for her to get divorce in front of the community leader. It is the easiest way, which you can‟t find anywhere for women to get divorce. What is not available in other communities even in 21st Century, Islam has bestowed 14 centuries ago.

In the cited example the woman did not find any fault with him, she did not like him, the Prophet Mohammed (PBUH) did not even enquire her reason for it. Islam does not consider wedding as an irrevocable one. It is merely an agreement. How could you take it when you have mingled into each other and she has taken from you a solemn covenant? (Al-Quran 4:21) Women have rights similar to those of men over them in kindness (Al-Quran 2:228)

If we do not allow women the right of Divorce, there will also be some bad consequences. As the Divorce Act is severe, the women who do not like her husband, plans for murdering him. Such events are increasing. If women die of stove blasting, men are killed by poison. Among the cases, he was well to go to bed but did not wake up, most of them belong to these category.

As kitchen responsibility is in the hands of woman, it is easy to be executed. Or some women conspire to kill her husband with her sweetheart. If the right of Divorcing was easy such kind of murders will be avoided. Islam has allowed both the sexes the right of divorce equally. From this we can understand that Islam has bestowed all the rights to women no less than men

Alimony in islam : Maintenance under islamic law

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