Sunday, December 9, 2012

PERTAINING TO DIVORCE


Assalam oalaikum,

In my previous post I have discussed about the Ila law in Islam which has been mentioned in verse 2:226 of the Holy Quran.
In the next verse, i.e. 2:227 Allah (swt) says:
“And if they decide on divorce then indeed- Allah is Hearing and Knowing”.
This verse shows that after the expiry of the four month period of separation (in their marital life), the divorce between the estranged husband and wife does not take place automatically. On the contrary, the husband will have to divorce his wife legally. If he does not divorce his wife even after 4 months then the Shariah court is empowered to force the husband to either reunite with his wife or divorce her.

In the verse 2:228 of the Holy Quran, Allah (swt) commands the divorced women to wait till three menstrual periods. This verse specifically mentions about those women who have been divorced after consummation. This verse does not include those divorced women who are pregnant, or who have been divorced before consummation and who have reached menopause. After three menstrual periods the women (who have been divorced after consummation), are entitled to marry elsewhere, if they wish. According to this verse it is unlawful for the divorced women to hide their pregnancy and their menstrual periods, if they believe in Allah (swt) and the Day of Judgment. The women alone know about the facts related to their menstrual periods or pregnancy. Nobody else can verify these facts. Hence, the women have been warned against hiding the facts about their pregnancy or menstrual periods.
A divorced woman can hide her pregnancy or monthly periods for two reasons, firstly she may be interested in a reunion with her husband and secondly she might be interested in a divorce. For example, in case a women is interested in getting back with her estranged husband (and the husband may also be yearning for a reunion) she may tell a lie that she has had just one or two monthly periods whereas actually she may have had all the three of them. In the second case, where a woman might be interested in a divorce, she may tell a lie that her three periods have got over. Such women have been commanded not to conceal their pregnancies. This would be a grave sin (Gunah-e-Kabirah) on their part. If such pregnant and divorced women hide their pregnancies and marry someone else then this may lead to a confusing situation wherein the child of their ex-husband will get the name of their present husband.


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

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