Sunday, December 9, 2012

ISLAMIC LAW ON DIVORCE (SURAH AT-TALAQ, VERSE- 1)


Assalam oalaikum,

 In verse 65:1 of the Holy Quran, Allah (swt) says,
“O Prophet (saw)! When you divorce women divorce them at their Iddah (prescribed periods) and count (accurately) their Iddah period. An fear Allah, your Lord, (O Muslims) and turn them not out of their (husband’s) homes, nor shall they themselves go forth, unless they commit a open indecency’ and these are the limits of Allah and whoever goes beyond the limits of Allah, he indeed does injustice to his own soul. You do not know that Allah may after that, bring about reunion”.

Verse 65:1 of the Holy Quran lays down the Islamic ruling regarding the method and time of giving divorce. According to this verse a man can divorce his wife only when she has taken a bath after her menstrual period. It is a wrong practice to divorce one’s wife during her menstrual period. This Islamic ruling is also evident by a hadith mentioned in Sahih-Al-Bukhari. It has been passed on that when Abdullah bin Umar narrated a similar matter before Prophet Mohammad (saw), he became angry. He said, ‘He must take her back. If he still wishes to divorce her, he may do so when she is clean of the menstrual discharge before having intercourse with her; for that is the period of waiting that Allah has prescribed for divorce.
Abu Dawood has transmitted on sound authority that when Abdullah bin Umar was asked about his opinion regarding a man divorcing his wife during menstruation, he related his own experience of divorcing his wife during menstruation and Allah’s Apostle’s (saw) commanded him to take her back, thereby paying no heed to his divorce.
Hence, the Fiqh scholars, too, have disregarded the practice of divorcing one’s wife during her menstruation period as biddah.
The waiting period or Iddah begins soon after the husband has pronounced divorce (for the first time) after his wife’s menstrual period gets over. According to the Islamic ruling mentioned in verse 65:1 the men are required to keep a check on the commencement and end of the Iddah period so that the divorced woman can marry elsewhere after the Iddah ends. Or else, if the husband changes his mind (of divorcing his wife) then he can reconcile within the period of Iddat.
This verse also emphasizes that after divorce, the man should not drive out his wife from the house. Besides this, he should also take the responsibility of his wife’s maintenance (food, clothing etc) during the waiting period. The divorced woman should also avoid moving out of the house except for some urgent reason. The man can drive out his wife during the Iddat period only in those cases wherein she may have committed adultery or she may be foul-mouthed and ill-tempered, thereby, causing inconvenience to the family. This verse says that these are limits set by Allah (swt) and crossing these limits is tantamount to harming one’s own soul.
This verse ends on a beautiful note that there are chances that Allah (swt) might mellow down the man’s attitude towards his wife and bring about reconciliation between the two.

Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com


No comments:

Post a Comment