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Class Discussion - Divorce in Quran

- Sun 18 Apr, 2010 6:11 pm
Post subject: Divorce in Quran
Salaam All,

Spent several hours understanding this concept in Quran and the explanation by several translators(FYI - I don't know Arabic much). There are several different opinions and interpretations, don't know which one is correct. In particular, the concept of triple Talaaq.

Anyone who knows Arabic...please help, JazakAllah in advance for the help.
- Sun 18 Apr, 2010 6:32 pm
Post subject: Re: Divorce in Quran
zack wrote:
Salaam All,

Spent several hours understanding this concept in Quran and the explanation by several translators(FYI - I don't know Arabic much). There are several different opinions and interpretations, don't know which one is correct. In particular, the concept of triple Talaaq.

Anyone who knows Arabic...please help, JazakAllah in advance for the help.


Salaam, Zack

Are you referring to a man, who shouts Talaq three times in one go and considers Talaq done?

Personally, I believe it is against the steps given in Qur'aan. I am not too much into Islamic jurisprudence but it looks wrong to me.

However, the steps given in Qur'aan cannot be ignored. That is my frank opinion.

But then, the Mullahs know better. lol!

Salaams
BMZ
- Sun 18 Apr, 2010 6:45 pm
Post subject: Re: Divorce in Quran
Thanks brother BMZ,

You are right, what if a man utters talaaq thrice?? Whats the right method of divorce?
BMZ wrote:
But then, the Mullahs know better.

Yeah some mullahs only know how better to confuse people Confused Confused
- Sun 18 Apr, 2010 8:11 pm
Post subject: Re: Divorce in Quran
zack wrote:
Thanks brother BMZ,

You are right, what if a man utters talaaq thrice?? Whats the right method of divorce?

BMZ wrote:
But then, the Mullahs know better.

Yeah some mullahs only know how better to confuse people Confused Confused


Hello, Zack

If we read Surah 2:226-234, may be the Ulemas and Scholars use 2:227 to justify the Talaq in one go.

وان عزموا الطلاق فان الله سميع عليم

However, if we read Surah Talaq 65:1 part of the verse, it insists on divorce in stages by mentioning the periods. ياايها النبي اذا طلقتم النساء فطلقوهن لعدتهن واحصوا العدة

And the words الطلاق مرتان in 2:229 make it clear that after announcing divorce two times, the third will be the final and after that, there is no way, except that the woman gets married to another but he may not want to divorce her. Then what?

Salaams
BMZ
- Mon 19 Apr, 2010 5:17 am
Post subject: Re: Divorce in Quran
zack wrote:
Salaam All,

Spent several hours understanding this concept in Quran and the explanation by several translators(FYI - I don't know Arabic much). There are several different opinions and interpretations, don't know which one is correct. In particular, the concept of triple Talaaq.

Anyone who knows Arabic...please help, JazakAllah in advance for the help.


Salam brother Zack

Good to see you again after a while

Talaq word only appeared in the Quran in the verses posted by brother BMZ, however I believe that it is also mentioned indirectly in some other verses that I will try to find for you inshallah later today

But for now, I may tell you my own understanding to the concept of Talaq as I got it from Quran only:

Yes there are 3 times to divorce your wife, if you reached the third time then you cannot reconcile with her until sheproperly marries another man, this restriction is put in place (I believe) to make men think twice before they abuse their power in divorce, knowing in advance that if they do it for the third time, then their ex wife must mary another guy and divorce him before they can reconcile again, Muslims manipulate this restriction by hiring a guy to mary their ex then make him divorce her on the spot, possibly even without seeing her, which I believe is not right and dfies the purpose of the restriction enforced by Allah

The confused Muslims also manipulate the 3 times by dicorcing their wife three times at once, i.e. by saying to their wives that they are divorced three times, such abuse clearly violates the Quran because the Quran told us that when a problem happen between a husband and a wife, then a judge should come from her family and another judge should come from his family, then try to resolve the issue, which hardly happend with those seeking divorce, I believe that for the right count of three divorces, it should happen as follow:

1- First Divorce
2- First Reconcilation
3- Second Divorce
4- Second Reconcilation
5- Third divorce
6- Third reconcilation cannot happend until she properly marries another man and get divorced from him, and I believe this should be the case with any further divorce after the third reconcilation, i.e. if they divorce for the forth time , then she should marry another man and get divroced from him before the fourth or any subsequent reconcilation. I dont think it will be common to reach this stage, but surely it may happen, however for a husband and a wife to get divorced between them so many times only means one thing, that they should never e husband and wife between themselves.

Also do not forget that such law by Allah is not only to protect the wives from abusing divorce by their husbands, but to also protect the children who will certainly get lost and confused seeing their parents doing such childish actions. These laws were put by Allah to discourage divorce but at the same time Allah does not prohibit divorce because there might be a husband and a wife that are totally incompatible

Finally for those who want to divorce, Allah has a strong message for them, let's have a look:

يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَاء كَرْهًا وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئًا وَيَجْعَلَ اللّهُ فِيهِ خَيْرًا كَثِيرًا (19)
O you who have believed! It is not lawful for you that you inherit women by compulsion. And do not make difficulties for them in order to take some of what you have given them unless they commit an obvious indecency. And live with them in kindness. And if you dislike them, then perhaps you dislike something that Allah makes in it abundant good.
[Al Quran ; 4:19]

-> See the great message from Allah to the husbands: And live with them in kindness. And if you dislike them, then perhaps you dislike something that Allah makes in it abundant good.

The above verse should be an admonition for all those husbands who started to dislike their wives and want to divorce them


Salam
- Mon 19 Apr, 2010 3:31 pm
Post subject: Re: Divorce in Quran
AhmedBahgat wrote:
zack wrote:
Salaam All,

Spent several hours understanding this concept in Quran and the explanation by several translators(FYI - I don't know Arabic much). There are several different opinions and interpretations, don't know which one is correct. In particular, the concept of triple Talaaq.

Anyone who knows Arabic...please help, JazakAllah in advance for the help.


Salam brother Zack

Good to see you again after a while

Talaq word only appeared in the Quran in the verses posted by brother BMZ, however I believe that it is also mentioned indirectly in some other verses that I will try to find for you inshallah later today

But for now, I may tell you my own understanding to the concept of Talaq as I got it from Quran only:

Yes there are 3 times to divorce your wife, if you reached the third time then you cannot reconcile with her until sheproperly marries another man, this restriction is put in place (I believe) to make men think twice before they abuse their power in divorce, knowing in advance that if they do it for the third time, then their ex wife must mary another guy and divorce him before they can reconcile again, Muslims manipulate this restriction by hiring a guy to mary their ex then make him divorce her on the spot, possibly even without seeing her, which I believe is not right and dfies the purpose of the restriction enforced by Allah

The confused Muslims also manipulate the 3 times by dicorcing their wife three times at once, i.e. by saying to their wives that they are divorced three times, such abuse clearly violates the Quran because the Quran told us that when a problem happen between a husband and a wife, then a judge should come from her family and another judge should come from his family, then try to resolve the issue, which hardly happend with those seeking divorce, I believe that for the right count of three divorces, it should happen as follow:

1- First Divorce
2- First Reconcilation
3- Second Divorce
4- Second Reconcilation
5- Third divorce
6- Third reconcilation cannot happend until she properly marries another man and get divorced from him, and I believe this should be the case with any further divorce after the third reconcilation, i.e. if they divorce for the forth time , then she should marry another man and get divroced from him before the fourth or any subsequent reconcilation. I dont think it will be common to reach this stage, but surely it may happen, however for a husband and a wife to get divorced between them so many times only means one thing, that they should never e husband and wife between themselves.

Also do not forget that such law by Allah is not only to protect the wives from abusing divorce by their husbands, but to also protect the children who will certainly get lost and confused seeing their parents doing such childish actions. These laws were put by Allah to discourage divorce but at the same time Allah does not prohibit divorce because there might be a husband and a wife that are totally incompatible

Finally for those who want to divorce, Allah has a strong message for them, let's have a look:

يَا أَيُّهَا الَّذِينَ آمَنُواْ لاَ يَحِلُّ لَكُمْ أَن تَرِثُواْ النِّسَاء كَرْهًا وَلاَ تَعْضُلُوهُنَّ لِتَذْهَبُواْ بِبَعْضِ مَا آتَيْتُمُوهُنَّ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئًا وَيَجْعَلَ اللّهُ فِيهِ خَيْرًا كَثِيرًا (19)
O you who have believed! It is not lawful for you that you inherit women by compulsion. And do not make difficulties for them in order to take some of what you have given them unless they commit an obvious indecency. And live with them in kindness. And if you dislike them, then perhaps you dislike something that Allah makes in it abundant good.
[Al Quran ; 4:19]

-> See the great message from Allah to the husbands: And live with them in kindness. And if you dislike them, then perhaps you dislike something that Allah makes in it abundant good.

The above verse should be an admonition for all those husbands who started to dislike their wives and want to divorce them


Salam


Love this part of the verse. It is so true.

فَإِن كَرِهْتُمُوهُنَّ فَعَسَى أَن تَكْرَهُواْ شَيْئًا وَيَجْعَلَ اللّهُ فِيهِ خَيْرًا كَثِيرًا

Salaams
BMZ
- Mon 19 Apr, 2010 11:26 pm
Post subject: Re: Divorce in Quran
Thanks brother Ahmed and BMZ, very much appreciate your reply.

Ahmed, the US immigration folks pestered the life out of me, they held my passport for 9 months and when I ask them, they said my case is under processing. After 9 months, I called them and said "Guys I need my passport back now". I have my passport with me now and will find a job elsewhere.

Spent a lot of time understanding the whole concept about divorce in Quran, little tough. Here is my final question:
If an ignorant Muslim divorces his wife thrice in one shot, will the couple have to wait for 3 months(iddath) or does the divorce takes effect immediately?

May Allah guide us always closer to the right path.
- Tue 20 Apr, 2010 1:17 am
Post subject: Re: Divorce in Quran
zack wrote:
Thanks brother Ahmed and BMZ, very much appreciate your reply.

Ahmed, the US immigration folks pestered the life out of me, they held my passport for 9 months and when I ask them, they said my case is under processing. After 9 months, I called them and said "Guys I need my passport back now". I have my passport with me now and will find a job elsewhere.

Spent a lot of time understanding the whole concept about divorce in Quran, little tough. Here is my final question:

If an ignorant Muslim divorces his wife thrice in one shot, will the couple have to wait for 3 months(iddath) or does the divorce takes effect immediately?

May Allah guide us always closer to the right path.


Salaams, Zack

As soon as an ignorant Muslim or a Muslim in anger divorces his wife thrice in one go, the marriage is finished and they have to keep apart and the waiting period commences immediately.

The period is basically to ensure that the divorced wife is not carrying his child.

Perhaps, Ahmed can elaborate more.

BMZ
- Tue 20 Apr, 2010 4:31 am
Post subject: Re: Divorce in Quran
zack wrote:
Thanks brother Ahmed and BMZ, very much appreciate your reply.


No worries mate, BMZ and myself have over 100 years of life experience between us

zack wrote:
Ahmed, the US immigration folks pestered the life out of me, they held my passport for 9 months and when I ask them, they said my case is under processing. After 9 months, I called them and said "Guys I need my passport back now". I have my passport with me now and will find a job elsewhere.


Good to hear mate, and good luck with finding a new job, stick with Allah on a straight path and He will certainly reward you for your good deeds and patience

zack wrote:
Spent a lot of time understanding the whole concept about divorce in Quran, little tough. Here is my final question:
If an ignorant Muslim divorces his wife thrice in one shot, will the couple have to wait for 3 months(iddath) or does the divorce takes effect immediately?

May Allah guide us always closer to the right path.


No man they do not have to wait as BMZ explained that the wait is needed to make sure that she is not pregnant so we dont know who is the father, on the other hand the matter is not only knowing who is the father as with recent sience we can know who is the father, the wait is for a higher wisdom as stated in the Quran, to give a chance for their husband to reconcile after knowing that their divorced wife us pregnant with his child, see this verse:

]وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاَثَةَ قُرُوَءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللّهُ فِي أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِاللّهِ وَالْيَوْمِ الآخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلاَحًا وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللّهُ عَزِيزٌ حَكُيمٌ (228)
And the divorced women should wait for three periods; and it is not lawful for them that they conceal what Allah has created in their wombs if they believe in Allah and the last day. And their husbands have right to take them back in that period if they want reconciliation. And for them (the wives) is similar rights to what is expected of them. And for the men, they have a degree over them, and Allah is Mighty, Wise.
[Al Quran ; 2:228]

-> See: And the divorced women should wait for three periods; and it is not lawful for them that they conceal what Allah has created in their wombs if they believe in Allah and the last day. And their husbands have right to take them back in that period if they want reconciliation.

Take care mate
- Tue 20 Apr, 2010 5:23 am
Post subject: Re: Divorce in Quran
Thanks brother Ahmed and BMZ,

So that means if someone divorces his wife thrice in one shot, and after a month(or within the time of three periods), they realize that they can reconcile for good, they can revert back without any Nikah. Is that correct?

I hate to say that I don't know Arabic, I tried brother and failed miserably. Sometimes due to improper direction and sometimes due to week Imaan I guess.
- Tue 20 Apr, 2010 5:31 am
Post subject: Re: Divorce in Quran
zack wrote:
Thanks brother Ahmed and BMZ,

So that means if someone divorces his wife thrice in one shot, and after a month(or within the time of three periods), they realize that they can reconcile for good, they can revert back without any Nikah. Is that correct?


I think, only if she is pregnant

Tough question btw

zack wrote:
I hate to say that I don't know Arabic, I tried brother and failed miserably. Sometimes due to improper direction and sometimes due to week Imaan I guess.


Learning Arabic has nothing to do with Iman

I think you lack confidence and patience, this is what you need to learn anything

Take care and may Allah bless you

Salam
- Tue 20 Apr, 2010 5:55 am
Post subject: Re: Divorce in Quran
AhmedBahgat wrote:
I think you lack confidence and patience, this is what you need to learn anything

May be you are right mate, I am a little impatient and lacking confidence. I think learning Arabic is one of the best method to understand Quran. I know you said we don't need to learn Arabic if we have a very good translation at hand, but, how would anyone validate the authenticity of the translation unless he/she knows Arabic?

Take care brother...

May Allah bless you too, may HE guide us all closer to the truth.
- Tue 20 Apr, 2010 10:28 am
Post subject: Re: Divorce in Quran
zack wrote:
I think learning Arabic is one of the best method to understand Quran.


Yes but to understand the language of Quran

But with understanding the moral of the message of Quran, I dont think anyone needs Arabic for it, any good translation should sufice

zack wrote:
I know you said we don't need to learn Arabic if we have a very good translation at hand, but, how would anyone validate the authenticity of the translation unless he/she knows Arabic?


Through ones you can trust their Arabic language knowledge

zack wrote:
Take care brother...

May Allah bless you too, may HE guide us all closer to the truth.


Likewise mate

Salam
- Tue 20 Apr, 2010 1:42 pm
Post subject: Re: Divorce in Quran
AhmedBahgat wrote:
zack wrote:
Thanks brother Ahmed and BMZ, very much appreciate your reply.


No worries mate, BMZ and myself have over 100 years of life experience between us

zack wrote:
Ahmed, the US immigration folks pestered the life out of me, they held my passport for 9 months and when I ask them, they said my case is under processing. After 9 months, I called them and said "Guys I need my passport back now". I have my passport with me now and will find a job elsewhere.


Good to hear mate, and good luck with finding a new job, stick with Allah on a straight path and He will certainly reward you for your good deeds and patience

zack wrote:
Spent a lot of time understanding the whole concept about divorce in Quran, little tough. Here is my final question:
If an ignorant Muslim divorces his wife thrice in one shot, will the couple have to wait for 3 months(iddath) or does the divorce takes effect immediately?

May Allah guide us always closer to the right path.


No man they do not have to wait as BMZ explained that the wait is needed to make sure that she is not pregnant so we dont know who is the father, on the other hand the matter is not only knowing who is the father as with recent sience we can know who is the father, the wait is for a higher wisdom as stated in the Quran, to give a chance for their husband to reconcile after knowing that their divorced wife us pregnant with his child, see this verse:

]وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلاَثَةَ قُرُوَءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللّهُ فِي أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِاللّهِ وَالْيَوْمِ الآخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلاَحًا وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَاللّهُ عَزِيزٌ حَكُيمٌ (228)
And the divorced women should wait for three periods; and it is not lawful for them that they conceal what Allah has created in their wombs if they believe in Allah and the last day. And their husbands have right to take them back in that period if they want reconciliation. And for them (the wives) is similar rights to what is expected of them. And for the men, they have a degree over them, and Allah is Mighty, Wise.
[Al Quran ; 2:228]

-> See: And the divorced women should wait for three periods; and it is not lawful for them that they conceal what Allah has created in their wombs if they believe in Allah and the last day. And their husbands have right to take them back in that period if they want reconciliation.

Take care mate


وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُواْ إِصْلاَحًا

Thanks for adding that great verse, Ahmed. I had not addressed that.
And our Mullahs never refer to this.

Jazakallah

Salaams
BMZ
- Wed 21 Apr, 2010 1:16 am
Post subject: Re: Divorce in Quran
I have a different take on this, and I believe that a single 'talaq' is sufficient.

Again, I believe that the waiting period is compulsory so that it can be ascertained that she is not carrying a child, and in case she marries another man, her new husband cannot lay a claim against her that she is carrying the previous husband's child, nor can the previous husband lay a claim to a child born after her completion of the term. Likewise, it also safeguards the rights of the previous and new husband respectively.
- Wed 21 Apr, 2010 4:33 pm
Post subject: Re: Divorce in Quran
The wrote:
I have a different take on this, and I believe that a single 'talaq' is sufficient.

Again, I believe that the waiting period is compulsory so that it can be ascertained that she is not carrying a child, and in case she marries another man, her new husband cannot lay a claim against her that she is carrying the previous husband's child, nor can the previous husband lay a claim to a child born after her completion of the term. Likewise, it also safeguards the rights of the previous and new husband respectively.


Salams, bro

I agree with the second part of your post.

Are you referring to a single 'talaq' as a talaq pronounced three times in one go?
- Thu 22 Apr, 2010 1:27 am
Post subject: Re: Divorce in Quran
No, buddy. I mean that once a 'talaq' has been decided upon, and the woman completes the waiting term, then they are both free to marry whoever they want. Take care.
- Fri 14 May, 2010 6:58 am
Post subject:
I have one more question brothers -
Can a man divorce her wife and take her back before the iddah period completes, then divorce her second time and take her back before the iddah period completes and again divorce her and take her back before the iddah period more than thrice? I know a case wherein the husband divorced his wife 3 times and took her back each time before the iddah period. Now he is afraid that the relationship is not valid. Can someone please advise? I couldn't find any verse that explicitly said so or I must have missed.
- Sat 15 May, 2010 5:46 pm
Post subject:
zack wrote:
I have one more question brothers -
Can a man divorce her wife and take her back before the iddah period completes, then divorce her second time and take her back before the iddah period completes and again divorce her and take her back before the iddah period more than thrice? I know a case wherein the husband divorced his wife 3 times and took her back each time before the iddah period. Now he is afraid that the relationship is not valid. Can someone please advise? I couldn't find any verse that explicitly said so or I must have missed.


Sala mate

I discussed the matter with a knowledgeable Mulsim and good friend from Egypt and I agree totally with what he said which is simply, yes they are in illegal relationship becuase the iddah has nothing to do with counting the number of divorce and reconcilation between the same husband and wife, the iddah is only to protect all possible parties from the mix of children

Allah is most Knowing

Salam
- Sat 15 May, 2010 11:49 pm
Post subject:
Thanks brother Ahmed,

I know the questions was not easy to answer. I don't know how to convince this person because he is far too elder to me(he is in his 50s). Moreover, there doesn't seem to be any verse in the Quran which explicitly clarifies this. Also, this guy told me that when he was divorcing his wife for the third time, he thought it is the second time and so was not mindful of the consequences. May Allah help him.
- Mon 17 May, 2010 4:58 pm
Post subject:
@zack: I know a case wherein the husband divorced his wife 3 times and took her back each time before the iddah period. Now he is afraid that the relationship is not valid.


As per my understanding of the Quran your friend's marriage is still valid.

An important question is why is he repeating the thing over and again?

...Take not God's signs in mockery, and remember God's blessing upon you, and the Book and the Wisdom He has sent down on you, to admonish you. And fear God, and know that God has knowledge of everything.
- Mon 17 May, 2010 11:19 pm
Post subject:
Dear brothers,

Part of verse 2:229 is absolutely clear when it says:

Quote:
الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ
Which means divorce can only be pronounced a maximum of two times and after that either remain together nicely or it is time to part in a nice manner.

Part of 2:230 shows the Red Light:

Quote:
فَإِنْ طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِنْ بَعْدُ

Which clearly shows that pronouncing divorce after two times, she will not be lawful for the man, unless she gets married to another man, who may or may not divorce her.

The new husband, if he wishes to divorce, still has to go through the same process.

And if the new husband completely divorces her, only then she and her first ex-husband can marry again and they would not be doing any wrong, if they maintain the bounds set by Allah.

Thus, as soon as the divorce was pronounced the third time, the man lost his wife and they cannot live together as husband and wife. Their marriage is null and void.

Salaams
BMZ
- Tue 18 May, 2010 12:11 am
Post subject:
Hey, buddy, we have different takes on the issue.
- Tue 18 May, 2010 5:46 pm
Post subject:
The wrote:
Hey, buddy, we have different takes on the issue.


That is cool man, but I have not read your comment yet which I will do soon

Cheers
- Tue 18 May, 2010 5:48 pm
Post subject:
The wrote:
As per my understanding of the Quran your friend's marriage is still valid.



Can you elaborate please
- Tue 18 May, 2010 8:08 pm
Post subject:
Sure thing, buddy.

This is the case:

took her back each time before the iddah period.

We know from the Quran that the woman has to be put away for a term, and upon reaching the term they have to make the decision of reconciliation or separation, in the presence of two witnesses.

In this case the term was never reached, so I hold that the marriage is valid.

What is your reasoning for stating that the marriage is invalid?
- Wed 19 May, 2010 4:41 am
Post subject:
The wrote:
Sure thing, buddy.

This is the case:

took her back each time before the iddah period.

We know from the Quran that the woman has to be put away for a term, and upon reaching the term they have to make the decision of reconciliation or separation, in the presence of two witnesses.

In this case the term was never reached, so I hold that the marriage is valid.

What is your reasoning for stating that the marriage is invalid?


Salam mate

I dont think so man, there will be a massive loophole in the laws of Allah concerning divorce. Earlier I was wrong too when I suggested to Zack that if she is pregnant in the third time, her husband may return her without marrying another man, I was certainly wrong because this is another loophole that I created, however I totaly forgot about the thread and forgot to correct myself with Zack

The Iddah is only to prevent her marrying another man while she may be pregnant from her divorced husband, the Iddah is not a time for both to rethink of reconcilation, if it is the case, then the husband can divorce his wife million times as long as he returns her during the Iddah period, which makes no sense of course and creates a massive loophole in Allah's law

The divorce is 2 times, and if they divorced the third time then she must marry another man and divorce him before returning to her first husband, regardless they reconciled in the first two times during iddah and regardless she is pregnant or not

Take care
- Wed 19 May, 2010 5:33 am
Post subject:
@ahmedbahgat: I dont think so man, there will be a massive loophole in the laws of Allah concerning divorce.

The husband cannot force her to return to him, so why will she agree on reconciliation a million times?
- Wed 19 May, 2010 4:35 pm
Post subject:
The wrote:
@ahmedbahgat: I dont think so man, this was, there will be a massive loophole in the laws of Allah concerning divorce.

The husband cannot force her to return to him, so why will she agree on reconciliation a million times?


Salam mate

I didn't mean the husband only, so let me rephrase what i said:

Both husband and wife cannot use the Iddah as a loophole to get around the 3 times limit of divorce, the iddah has nothing to do with counting the number of divorces/reconcilations

The Iddah is only there to protect the pregnant wife. This is obvious with the case of a widowed wife, she still has to wait for Iddah

The only difference with the divorced husband and wife is this, they don't need to wait for Iddah if they want to reconcile, however it is still a count of divorce and reconcilation

Salam
- Wed 19 May, 2010 6:28 pm
Post subject:
@ahmedbahgat: I didn't mean the husband only, so let me rephrase what i said:

Both husband and wife cannot use the Iddah as a loophole to get around the 3 times limit of divorce, the iddah has nothing to do with counting the number of divorces/reconcilations

The Iddah is only there to protect the pregnant wife. This is obvious with the case of a widowed wife, she still has to wait for Iddah

The only difference with the divorced husband and wife is this, they don't need to wait for Iddah if they want to reconcile, however it is still a count of divorce and reconcilation



This is getting interesting, buddy, and I think we will need more time to resolve the points we disagree upon. If you are interested in it then please start a new thread. Take care.
- Wed 19 May, 2010 6:33 pm
Post subject:
No worries mate, regardless of our disagreement on a few issues, we are still united in facing the majority of Mushrik Muslims, this is enough for me to consider you a sincere brother in Islam

I really have nothing to say more concerning the issue, however you may post a Quran verse that may support your idea of not counting divorce/reconcilation as long as reconcilation happens in Iddah period. We dont need to create a new thread, let's continue in here please

Cheers
- Wed 19 May, 2010 6:51 pm
Post subject:
Cool, buddy. Can you explain the following a little further:

The Iddah is only there to protect the pregnant wife.
- Wed 19 May, 2010 9:10 pm
Post subject:
The wrote:
Cool, buddy. Can you explain the following a little further:

The Iddah is only there to protect the pregnant wife.


To protect her in a sense of knowing who is the father of her child
- Wed 19 May, 2010 9:37 pm
Post subject:
Okay, you meant to say that the "iddah" is there only to know the identity of the father. Is it compulsory to observe the waiting term?


I didn't get this part, either. You first said:

Both husband and wife cannot use the Iddah as a loophole to get around the 3 times limit of divorce, the iddah has nothing to do with counting the number of divorces/reconcilations

Then you said:

The Iddah is only there to protect the pregnant wife. This is obvious with the case of a widowed wife, she still has to wait for Iddah

And you ended with:

The only difference with the divorced husband and wife is this, they don't need to wait for Iddah if they want to reconcile, however it is still a count of divorce and reconcilation

Does it have or not have to do with the count of divorce/reconciliation?.
- Wed 19 May, 2010 9:57 pm
Post subject:
What I said is clear

The Iddah has nothing to do with counting the divorce/reconcilation

The iddah is only to confirm that the woman is pregnant or not, and if she turns to be pregnant, then she will have new Iddah which finishes when she delivers the baby.

Let's not leave it to me and you and our desires, rather bring all the verses talking about the subject and see for ourselves, so you can do it, however if you dont, I am happy to do it but at a later time, possibly this weekend inshaallah

Salam
- Wed 19 May, 2010 10:13 pm
Post subject:
I still don't understand what you are trying to say, brother. But I think now I know where we are disagreeing.


We agree that the term is in place so that it can be ascertained whether the woman is carrying a child. Tell me, is it compulsory to observe the term?
- Thu 20 May, 2010 6:24 pm
Post subject:
The wrote:
Tell me, is it compulsory to observe the term?


Well, it depends

If the husband did not touch the wife after they married until they divorced, then no Iddah for the wife after divorce

If the wife has reached menopause, then Iddah is three months

If the wife is between periods, then the iddah is three periods

If the wife is pregnant , then the Iddah is until she delivers the baby

If the wife is widowed (the husband died), then Iddah is four months and 10 days

Therefore, in some cases the Iddah may not be observed but in most cases it has to be observed

Cheers
- Fri 21 May, 2010 11:33 pm
Post subject:
Let us all get back to the case, which was brought up.

The man divorced his wife by pronouncing Talaq, three times in one go.

Actually, this is against the teachings of Qur'aan. Anyway, if one did it that way, the divorce would be considered irrevocable and final. And the iddah starts straightaway from that point.

At-tallaqo-marrataan makes the divorce revocable, but after the third time, the divorce is irrevocable and the marriage is finished.

Salaams
BMZ
- Tue 25 May, 2010 9:17 pm
Post subject:
AhmedBahgat wrote:
If the wife has reached menopause, then Iddah is three months

Salaam brother Ahmed,

Don't you think that the women who reached menopause wont get pregnant? Why is the waiting period prescribed for them then?
- Wed 26 May, 2010 4:47 pm
Post subject:
zack wrote:
AhmedBahgat wrote:
If the wife has reached menopause, then Iddah is three months

Salaam brother Ahmed,

Don't you think that the women who reached menopause wont get pregnant? Why is the waiting period prescribed for them then?


Hello mate

Sorry for the late reply, I was in a business trip for 3 days and just arrived home.

I think the answer is in the same verse, I actually forgot a piece of information concerning those women who reach menopause, let me bring the verse in here:

وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ ۚ وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ ۚ وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مِنْ أَمْرِهِ يُسْرًا (4)
And those who have despaired of menstruation among your women, if you doubt, then their waiting period is three months, and also for those who do not menstruate (between menstruations). And the pregnant women, their waiting period is until they deliver their burden; and whoever fears Allah He will make for him through his affair easiness.
[Al Quran ; 65:4]

-> Can you see the piece of information in the same verse concerning women who reached menopause: if you doubt, i.e. only if we doubt that they have reached menopause or not, however if we are sure that they reached menopause, then I believe that there should be no Iddah for them. Possibly at the start of the menopause age, at which we may doubt if they reached it or not.

Take care mate
- Wed 26 May, 2010 6:05 pm
Post subject:
AhmedBahgat wrote:
zack wrote:
AhmedBahgat wrote:
If the wife has reached menopause, then Iddah is three months

Salaam brother Ahmed,

Don't you think that the women who reached menopause wont get pregnant? Why is the waiting period prescribed for them then?


Hello mate

Sorry for the late reply, I was in a business trip for 3 days and just arrived home.

I think the answer is in the same verse, I actually forgot a piece of information concerning those women who reach menopause, let me bring the verse in here:

وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِنْ نِسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ ۚ وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَنْ يَضَعْنَ حَمْلَهُنَّ ۚ وَمَنْ يَتَّقِ اللَّهَ يَجْعَلْ لَهُ مِنْ أَمْرِهِ يُسْرًا (4)
And those who have despaired of menstruation among your women, if you doubt, then their waiting period is three months, and also for those who do not menstruate (between menstruations). And the pregnant women, their waiting period is until they deliver their burden; and whoever fears Allah He will make for him through his affair easiness.
[Al Quran ; 65:4]

-> Can you see the piece of information in the same verse concerning women who reached menopause: if you doubt, i.e. only if we doubt that they have reached menopause or not, however if we are sure that they reached menopause, then I believe that there should be no Iddah for them. Possibly at the start of the menopause age, at which we may doubt if they reached it or not.

Take care mate


Good answer, Ahmed.

إِنِ ارْتَبْتُمْ is the key word in there.

Hope you had a good trip.

Salaams, mate
- Wed 26 May, 2010 6:17 pm
Post subject:
Thanks mate, it was cold out there and when I came back to sydney, it is cold and pouring rain for two days now, bloody wet everywhere

Take care
- Thu 27 May, 2010 7:48 am
Post subject:
JazakAllah brother Ahmed,

That makes perfect sense, may Allah bless you for helping people out.
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