DIVORCE IN ISLAM

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DIVORCE IN ISLAM

• Presentation
• by Dr. Misbah Salam
• at the
• Family Study Circle
• Islamic Center of Basking Ridge
• Sunday, January 11, 2009

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DIVORCEQURAN

• THOSE WHO TAKE AN OATH THAT THEY WILL NOT
  APPROACH THEIR WIVES SHALL HAVE FOUR MONTHS OF
  GRACEAND IF THEY GO BACK ( ON THEIR OATH )
  BEHOLD , GOD IS MUCH FORGIVING , A DISPENSER OF
  GRACE . BUT IF THEY ARE RESOLVED ON DIVORCE
  BEHOLD, GOD IS ALL HEARING AND ALL KNOWING,
  (SURAH 2 226-227)

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DIVORCE

• Divorced women shall wait concerning themselves
  for three monthly periods. Nor is it lawful for
  them to hide what God has created in their wombs,
  if they have faith in God and the Last Day. And
  their husbands have 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 God is exalted in
  Power, Wise. (Surah Al Baqarah 2228)

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divorce

• A divorce is only permissible twice
• after that, the parties shall 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 God . If you
  (judges ) do indeed fear that they would be
  unable to keep the limits ordained by God ,
  there is no blame on either of them if she gives
  something for her freedom. These are the limits
  ordained by God so do not transgress them if any
  do transgress the limits ordained by God, such
  persons wrong (themselves as well as others ).
• (surah 2, ayah 229)

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Divorce

• So if a husband divorces his wife (irrevocably),
  he cannot, after that, remarry 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
  God. Such are the limits ordained by God, which
  He makes plain to those who understand (sura 2
  ayah 230)

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Divorce

• When you have divorced your wives and they have
  reached the end of their waiting period, either
  retain them in honor or let them go in kindness.
  But you shall not retain them in order to harm
  them or wrong them. Whoever does this wrongs his
  own soul.
• Do not make fun of Allahs revelations. Remember
  the favors He has bestowed upon you, and the Book
  and the wisdom which He has revealed for your
  instruction. Fear Allah and know that He has
  knowledge of all things ( sura 2 ayah 231)

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Divorce

• If a man has divorced his wife and she has
  reached the end of her waiting period, do not
  prevent her from remarrying her proposed husband
  (former or someone else) if they have come to an
  honorable agreement. This is enjoined on everyone
  of you who believe in Allah and the Last Day it
  is more honorable for you and more chaste. Allah
  knows, but you do not. ( sura 2 ayah
  232)

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Divorce

• It shall be no offence for you to divorce your
  wives before the marriage is consummated or the
  dowry settled. Provide for them with fairness
  the rich man according to his means, and the poor
  man according to his. This is binding on
  righteous men. ( sura 2 ayah 236)

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Divorce

• And if you divorce them before consummation, but
  after fixation of a dower for them, then the half
  of the dower (is due to them) , unless they remit
  it or ( the mans half ) is remitted by him in
  whose hands is the marriage tie and the
  remission (of the mans half) is the nearest to
  righteousness. And do not forget liberality
  between yourselves. For God sees well all that
  you do. ( sura2ayah237)

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Divorce

• For divorced women maintenance ( should be
  provided ) on a reasonable (scale). This is a
  duty on the righteous. (sura 2 ayah 241)
• If you fear a breach between a man and his wife,
  appoint an arbitrator from his people and another
  from hers. If they (man and wife) wish to
  reconciled, Allah will bring them together again.
  Allah is Knowing, Wise. ( sura 4 ayah 35)

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Divorce

• If a woman feels ill-treatment or desertion on
  the part of her husband, it shall be no offence
  for them to seek a mutual agreement, for
  agreement is best. Man is prone to avarice. But
  if you do what is right and guard yourselves
  against evil, know then that Allah is cognizant
  of all that you do. ( sura 4 ayah 128)
• If they separate, Allah will compensate each of
  them out of His own abundance He is Munificent,
  Wise . ( sura 4ayah 130)
• Believers, if you marry believing women and
  divorce them before the marriage is consummated,
  you have no right to require them to observe a
  waiting period. Provide well for them and release
  them honorably. (sura33ayah 49)

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Divorce

• Those of you who divorce their wives by zihar
  should know that they are not their mothers.
  Their mothers are those only who gave birth to
  them. The words the utter are unjust and false
  but Allah is Pardoning, Forgiving.
• Those that divorce their wives by zihar and
  afterwards retract their words shall free a slave
  before they touch each other again. This you are
  enjoined to do Allah is cognizant of all your
  actions. He that does not have ( a slave) shall
  fast two successive months before they touch one
  another. If he cannot do this, he shall feed
  sixty of the poor.. (sura 58 ayah 2-4)

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Divorce

• O Prophet ! When you do divorce women, divorce
  them at their prescribed periods ( before
  beginning of menstrual periods), and count (
  accurately) their prescribed periods and fear
  God your Lord and turn them not out of their
  houses, nor shall they (themselves) leave, except
  in case they are guilty of some open lewdness,
  those are limits set by God and any who
  transgresses the limits of God ,does verily wrong
  his (own) soul You know not if perchance God
  will bring about thereafter some new situation. (
  sura 65 ayah 1)

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Divorce

• Thus when they fulfill their waiting term
  appointed, either take them back on equitable
  terms or part with them on equitable terms and
  take for witness two persons from among you,
  endued with justice, and establish the evidence
  (as) before God. Such is the admonition given to
  him who believes in God and the Last Day . And
  for those who fear God, He (ever) prepares a way
  out.
• And He provides for him from (sources) he never
  could imagine. And if anyone puts his trust in
  God, sufficient is (God) for him. For God will
  surely accomplish His purpose verily, for all
  things has God appointed a due proportion. ( sura
  65 ayah 2-3)

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divorce

• Let the women live( in iddat) in the same style
  as you live, according to your means Annoy them
  not, so as to make their lives miserable. And if
  the carry (life in their wombs ), then spend
  (your substance ) on them until they deliver
  their burden and if they suckle your (offspring)
  give them their recompense and take mutual
  counsel together, according to what is just and
  reasonable. And if you find yourselves in
  difficulties, let another woman suckle (the
  child) on the (fathers) behalf.
• Let the man of means spend according to his
  means and the man whose resources are
  restricted, let him spend according to what God
  has given him. God puts no burden on any person
  beyond what He has given him. After a difficulty,
  God will soon grant relief. ( sura 65 ayah
  6-7)

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Sahih Muslim

• Umar woe to you. Do you narrate this, whereas
  Umar said we do not abandon the Book of Allah
  and the Sunnah of our prophet for the words of a
  woman. We do not know whether she remembers that
  or she forgets. She is entitled to lodging and
  maintenance, the Exalted and Glorious, said Do
  not drive them out of their homes, nor shall they
  leave unless commit a clear gross act of
  indecency. (651)

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Sahih Muslim

• Aisha said
• Fatimah bint Qais did not do good to say that
  there is no lodging and maintenance for the
  triple divorced woman
• Sahih Bukhari 5321-6

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Pronouncing three divorces at a time of the
Messenger of Allah

• Abdullah bin Abbas narrated The pronouncement of
  three divorces during the lifetime of the
  Messenger of Allah and that of Abu Bakr and two
  years of the Caliphate of Umar was reared as
  one. But Umar bin Khattab said verily, people
  have begun to hasten in the matter in which they
  are required to observe respite. So let us impose
  this ( i.e.) three pronouncements ) to be three
  divorces upon them and he imposed it upon them.