And as we were going along a path, 'Umar Allah be pleased with hiyn went aside and I also went aside with him with a jug of water.
He answered the call of nature, and then came to me and I poured water over his hands and he performed ablution I said: Commander of the Faithful, who are the two ladies amongst the wives of Allah's Prophet may peace be upon him about whom Allah, the Exalted and Majestic, said: 'If you both turn to Allah in repentance, then indeed your heart are inclined to it"? Zuhri said: By Allah, he disliked what he asked about, but did not keep it a secret. He 'Umar said: They are Hafsa and 'A'isha; and he then began to narrate the hadith and said: We were such people among the Quraish who dominated women, and as we reached Medina we found there people who were dominated by their women, and our women began to learn the habits of their women.
He further said: And my house was situated in the suburb of Aledina in the tribe of Banu Umayya b. One day I became angry with my wife and she retorted upon me. I did not like that she should retort upon me. She said: You disapprove of my retorting upon you By Allah, the wives of Allah's Apostle may peace be upon him retort upon him, and one of them detaches herself from him for the day until the night. She said: Yes. I said; Does any one of you detach herself from him from the day to the night?
He said: She who did like it amongst you in fact failed and incurred loss. Does everyone amongst you not fear the wrath of Allah upon her due to the wrath of His Messenger may peace be upon him , and as a result thereof she may perish?
So do not retort upon Allah's Messenger may peace be upon him and do not ask him for anything, but ask me that which you desire, and the frank behaviour of your companion may not mislead you, if she is more graceful and is dearer to Allah's Messenger may peace be upon him than you meaning 'A'isha Allah be pleased with her.
He Hadrat 'Umar further said: I had a compalaion from the Ansar and, we used to remain in the company of the Messenger may peace be upon him turn by turn. He remained there for a day while I remained there on the other day, and he brought me the news about the revelation and other matter , and I brought him the news like this.
And we discussed that the Ghassanids were shoeing the horses in order to attack us. Id y companion once attended the Apostle. I said: What is that? Have the Ghassanids come? He said: No, but even more serious and more significant than that: the Holy Prophet may peace be upon him has divorced his wives.
I said: Hafsa has failed and has incurred loss. When it was dawn I observed the dawn prayer and dressed myself, and then came there in the house of the Holy Prophet and visited Hafsa, and she was weeping. I said: Has Allah's Messenger may peace be upon him divorced you all? She said: I do not know. He has, however, separated himself in his attic. I came to a black servant and said to him: Seek permission for 'Umar.
He went in and then came to me and said: I made mention of you to him, but he kept quiet. I then went to the pulpit and sat there, and there was a group of people sitting by it and some of then were weeping. I sat there for some time, until I was overpowered by that very idea which was in my mind. I then came back to the boy and said to him: Seek permission for Umar.
He went in and came to me and said: I made mention of you to him but he kept quiet. I was about to turn back when the boy called me and said: Go in; permission has been granted to you.
I went in and greeted Allah's Messenger may peace be upon him and he was reclining against the couch of mat and it had left its marks upon his side. I said: Messenger of Allah, have you divorced your wives?
He raised his head towards me and said: No. I said: Allah is the Greatest. Messenger of Allah, I wish if you had seen how we the people of Quraish had domination over women but when we came to Medina we found people whom their women dominated. So our women began to learn from their women. One dily I became angry with my wife and she began to retort upon me.
I did not approve that she should retort upon me. She said: You do not like that I should retort upon you, but, by Allah. I said: He who did that amongst them in fact failed and incurred loss. Does any of them feel sate from the wrath of Allahupon her due to the wrath of Allah's Messenger may peace be upon him , and she has certainly perished. Allah's Messtnger may peace be upon him smiled, I said: Messenger of Allah, I visited Hafsa and said: The behaviour of your companion 'A'isha may not mislead you, If she is more graceful than you and is dearer to Allah's Messenger may peace be upon him than you.
Allah's Messenger may peace be upon him smiled for the second time. I said: Allah's Messenger, way I talk to you about agreeable things? I sat down and lifted my head to see things in the house and, by Allah, I did not see anything significant besides three hides.
I said: Messenger of Allah, supplicate the Lord that He should make life prosperous for your Ummah as He has made plentiful for the people of Persia and Rome in spite of the fact that they do no, worship Allah, the Exalted and Majestic, whereupon he Allah's Messenger sat up an I then said : Ibn Khattab, do you doubt that they are a nation whom their nice things have been given immediately in the life of this world. I said: Allah's Messenger! And he Allah's Messenger had taken an oath that he would not visit them for a month due to extreme annoyance with them until Allah showed His displeasure to him Allah's Messenger.
Zuhri said: 'Urwa informed me that 'A'Isha Allah be pleased with her said: When twenty-nine nights were over, Allah's Messenger may peace be upon him visited me, and he began his visit with me. I said: Messenger of Allah, you had taken an oath that you would not visit us for a month, while you have visited after I have counted only twenty-nine nights. Thereupon he said: The month may also be of twenty-nine days. He then said: 'A'isha, I am going to talk to you about a matter, and you should not be hasty in it and do not give your final decision until you have consulted your parents.
He then recited this verse to me: "O Prophet, say to your wives" till he reached "mighty reward" xxxiii. I said: Is there any need to consult my parents in this matter? I in fact choose Allah and His Messenger may peace be upon him and the abode in the Hereafter. Ma'mar said: Ayyub reported to me that 'A'isha said: Don't inform your wives that I have chosen you, whereupon Allah's Apostle may peace be upon him said: Verily Allah has sent me as a conveyer of message, and He has not sent me as a source of hardship to others.
Qatada said: "Saghat qulubukum" means "Your hearts have inclined. Fatima bint Qais reported that Abu 'Amr b. Hafs divorced her absolutely when he was away from home, and he sent his agent to her with some barley.
She was displeased with him and when he said: I swear by Allah that you have no claim on us. He said: There is no maintenance due to you from him, and he commanded her to spend the 'Idda in the house of Umm Sharik, but then said: That is a woman whom my companions visit. So better spend this period in the house of Ibn Umm Maktum, for he is a blind man and yon can put off your garments.
And when the 'Idda is over, inform me. She said: When my period of 'Idda was over, I mentioned to him that Mu'awiya b. Abu Sufyan and Jahm had sent proposal of marriage to me, whereupon Allah's Messenger may peace be upon him said: As for Abu Jahm, he does not put down his staff from his shoulder, and as for Mu'awiya, he is a poor man having no property; marry Usama b. I objected to him, but he again said: Marry Usama; so I married him.
Allah blessed there in and I was envied by others. Fatima bint Qais reported that her husband divorced her during the life time of Allah's Prophet may peace be upon him and gave her a meagre maintenance allowance. When she saw that, she said: By Allah, I will inform Allah's Messenger may peace be upon him , and if maintenance allowance is due to me then I will accept that which will suffice me, and if it is not due to me, I will not accept anything from him.
She said: I made a mention of that to Allah's Messenger may peace be upon him and he said: There is neither maintenance allowance for you nor lodging. Fatima bint Qais reported that her husband al-Makhzulmi divorced her and refused to pay her maintenance allowance.
So she came to Allah's Messenger may peace he upon him and informed him, whereupon he said: There is no maintenance allowance for you, and you better go to the house of Ibn Umm Maktum and live with him for he is a blind man and you can put off your clothes in his house i. Abu Salama reported that Fatima bint Qais, the sister of al-Dahhak b.
Qais informed him that Abu Hafs b. Mughira al-Makhzumi divorced her three times and then he proceeded on to the Yemen. The members of his family said to her: There is no maintenance allowance due to you from us. Khalid b. Walid along with a group of persons visited Allah's Messenger may peace be upon him in the house of Maimuna and they said: Abu Hafs has divorced his wife with three pronouncements; is there any maintenance allowance due to her?
Thereupon Allah's Messenger may peace be upon him said: No maintenance allowance is due to her, but she is required to spend the 'Idda; and he sent her the message that she should not be hasty in making a decision about herself and commanded her to move to the house of Umm Sharik, and then sent her the message that as the first immigrants frequently visit the house of Umm Sharik, she should better go to the house of Ibn Umm Maktum, the blind, and further said: In case you put off your head-dress, he Ibn Umm Makhtum will not see you.
So she went to his house, and when the 'Idda was over, Allah's Messenger may peace be upon him married her to Usama b. Zaid b. Fatima bint Qais reported: I had been married to a person from Banu Makhzum and he divorced me with irrevocable divorce. I sent a message to his family asking for maintenance allowance, and the rest of the hadith has been transmitted with a slight change of words.
Fatima bint Qais Allah be pleased with her reported that she had been married to Abu 'Amr b. Hafs b. She stated that she went to Allah's Messenger may peace be upon him asking him about abandoning that house. He commanded her to move to the house of Ibn Umm Maktum, the blind. Marwan refused to testify the divorced woman abandoning her house before the 'Idda was over. This hadith has been transmitted through another chain of narrators.
Abi Talib Allah be pleased with him to the Yemen and sent to his wife the one pronouncement of divorce which was still left from the irrevocable divorce; and he commanded al-Harith b. Hisham and 'Ayyash b. Abu Rabi'a to give her maintenance allowance. They said to her: By Allah, there is no maintenance allowance for you, except in case you are pregnant. She came to Allah's Apostle may peace he upon him and mentioned their opinion to him, whereupon he said: There is no maintenance allowance for you.
Then she sought permission to move to another place , and he the Holy Prophet permitted her. She said: Allah's Messenger, where should I go? He said: To the house of Ibn Umm Maktum and, as he is blind, she could put off her garmeqts in his presence and he would not see her. And when her 'Idda was over. Allah's Apostle may peace be upon him married her to Usama b. Marwan the governor of Medina sent Qabisa b. Dhuwaib in order to ask her about this hadith, and she narrated it to him, whereupon Marwan said: We have not heard this hadith but from a woman.
We would adopt a safe path where we found the people. Fatima said that when these words of, Marwan were conveyed to her. There is between me and you the word of Allah,the Exalted and Majestic: Do "not turn them out"of their houses. She asserted: This is in regard to the revocable divorce what new turn can the event take after three pronouncements separation between irrevocable.
Why do you say there is no maintenance allowance for her if she is not pregnant? Then on what ground do you restrain her?
Sha'bi reported: I visited Fatima bint Qais and asked her about the verdict of Allah's Messenger may peace be upon him about board and lodging during the 'Idda and she said that her husband divorced her with an irrevocable divorce. She further. A hadith like this has been trarismitted on the authority of Hushaim through another chain of narrators.
Sha'bi reported: We visited Fitima hint Qais and she served us fresh dates and a drink of barley flour, and I asked where should a woman who has been divorced by three pronouncements, spend the period of her 'Idda. She said: My husband divorced me with three pronouncements, and Allah's Apostle may peace be upon him permitted me to spend my 'Idda period in my family with my parents.
Fatima bint Qais Allah be pleased with her reported from Allah's Messenger may peace be upon him that there is no lodging and maintenance allowance for a woman who has been given irrevocable divorce. Fatima bint Qais Allah be pleased with her reported: My husband divorced me with three pronouncements. I decided to move from his house to another place. So I came to Allah's Messenger may peace be upon him , and he said: Move to the house of your cousin 'Amr b. Umm Maktum and spend your period of 'Idda there.
Abu Ishaq reported: I was with al-Aswad b. Yazid sitting in the great mosque, and there was with us al-Sha'bi, and he narrated the narration of Fatima bint Qais Allah be pleased with her that Allah's Messenger may peace be upon him did not make any provision for lodging and maintenance allowance for her. Al-Aswad caught hold of some pebbles in his fist and he threw them towards him saying: Woe be to thee, you narrate like it, whereas Umar said: We cannot abandon the Book of Allah and the Sunnah of our Apostle may peace be upon him for the words of a woman.
We do not know whether she remembers that or she forgets. For her, there is a provision of lodging and maintenance allowance. Allah, the Exalted and Majestic, said: "Turn them not from their houses nor should they themselves go forth unless they commit an open indecency" lxv.
A hadith like this has been narrated on the authority of Ishaq with the same chain of transmitters. Fatima bint Qais Allah be pleased with her reported that her husband divorced her with three, pronouncements and Allah's Messenger may peace be upon him made no provision for her lodging and maintenance allowance.
She further said : Allah's Messenger may peace be upon him said to me: When your period of 'Idda is over, inform me. So I informed him. By that time Mu'awiya, Abu Jahm and Usama b. Zaid had given her the proposal of marriage. Allah's Messenger may peace be upon him said: So far as Mu'awiya is concerned, he is a poor man without any property. So far as Abu Jahm is concerned, he is a great beater of women, but Usama b.
She pointed with her hand that she did not approve of the idea of marrying Usama. But Allah's Messenger may peace be upon himn said: Obedience to Allah and obedience to His Messenger is better for thee. She said: So I married him, and I became an object of envy. Abu Rabi'a to me with a divorce, and he also sent through him five si's of dates and five si's of barley. I said: Is there no maintenance allowance for me but only this, and I cannot even spend my 'Idda period in your house?
She said: I dressed myself and came to Allah's Messenger may peace be upon him. He said: How many pronouncements of divorce have been made for you? I said: Three. He said what he 'Ayyish b.
Abu Rabi'a had stated was true. There is no maintenance allowance for you. Spend 'Idda period in the house of your cousin, Ibn Umm Maktum. He is blind and you can put off your garment in his presence. And when you have spent your Idda period, you inform me. She said: Mu'awiya and Abu'l-Jahm Allah be pleased with them were among those who had given me the proposal of marriage. Thereupon Allah's Apostle may peace be upon him said: Mu'awiya is destitute and in poor condition and Abu'l-Jahm is very harsh with women or he beats women, or like that , you should take Usama b.
Zaid as your husband. Abu Bakr b. She said: I was the wife of Abu 'Amr b. The rest of the hadith is the same, but he made this addition: "She said: I married him and Allah hornoured me on account of Ibn Zaid and Allah favoured me because of him. Abu Bakr reported: I and Abu Salama came to Fatima bint Qais Allah be pleased with her during the time of Ibn Zubair Allah be pleased with him and she narrated to us that her husband gave her an irrevocable divorce.
The rest of the hadith is the same. Fatima bint Qais Allah be pleased with her reported: My husband divorced me with three pronouncements and Allah's Messenger may peace be upon him made no provision for lodging and maintenance allowance.
Hisham reported on the authority of his father that Yahya b. Sa'id b. They said: Verily, Fatima too went out of her in-laws' house. Fatima bint Qais Allah be pleased with her reported that she said: Allah's Messenger, my husband has divorcee me with three pronouncements and I am afraid that I may be put to hardship, and so he commanded her and so she moved to another house.
Ibn al-Qasim narrated on the authority of his father that 'Urwa b. Zubair Allah be pleased with him said to 'A'isha Allah be pleased with her : Didn't you see that such and such daughter of al-Hakam was divorced by her husband with an irrevocable divorce, and she left the house of her husband? Thereupon 'A'isha Allah be pleased with her said: It was bad that she did.
He Urwa said: Have you not heard the words of Fatima? Thereupon she said : There if no good for her in making mention of it. A person scolded her for having come out during the period of 'Idda. She came to Allah's Prophet may peace be upon him. Mas'ud reported that his father wrote to Umar b. Abdullah wrote to 'Abdullah b.
Khaula and he belonged to the tribe of Amir b. Lu'ayy, and was one of those who participated in the Battle of Badr, and he died in the Farewell Pilgrimage and she had been in the family way at that time. And much time had not elapsed that she gave birth to a child after his death and when she was free from the effects of childbirth she embellished herself for those who had to give proposals of marriage.
Abd al-Sunabil b. Ba'kak from Banu 'Abd al-Dar came to her and said: What is this that I see you embellished ; perhaps you are inclined to marry, By Allah, you cannot marry unless four months and ten days of 'Idda are passed.
When he said that. I dressed myself, and as it was evening I came to Allah's Messenger may peace be upon him and asked him about it, and he gave me a religious verdict that I was allowed to marry when I had given birth to a child and asked me to marry if I so liked.
Ibn Shihab said: I do not find any harm fur her in marrying when she has given birth to a child even when she is bleeding after the birth of the child except that her husband should not go near her until she is purified.
Abu Salama b. Allah be pleased with them got together in the house of Abu Huraira Allah be pleased with him and began to discuss about the woman who gave birth to a child a few nights after the death of her husband. Ibn 'Abbas Allah be pleased with then said: Her 'Idda is that period which is longer of the two between four months and ten days and the birth of the child, whichever is longer.
AbuSalama,however said: Her period of 'Idda is over with the birth of the child , and they were contending with each other over this issue, whereupon Abu Huraira Allah be pleased with him said: I subscribe to the view held by my nephew i. Abu Salama. He came back to them and informed them that Umm Salama Allah be pleased with her said that Subai'ah al-Aslamiyya gave birth to a child after the death of her husband when the few flights had hardly passed and she made mention of that to Allah's Messenger may peace be upon him and he commanded her to marry.
This hadith has been narated with the same chain of transrmitters except with a small change of words and that is : They sent him to Umm Salama, but no mention was made of Kuraib. Umm Habiba sent for a perfume having yellowness in it or something else like it, and she applied it to a girl and then rubbed it on her cheeks and then said: By Allah, I need no perfume but for the fact that I heard Allah's Messenger may peace be upon him say on the pulpit: "It is not permissible for a woman believing in Allah and the Hereafter to mourn for the dead beyond three days, but in case of the death of the husband it is permissible for four months and ten days.
I have a daughter whose husband has died and there has developed some trouble in her eye; should we apply collyrium to it? Thereupon Allah's Messenger may peace be upon him said: No repeating it twice or thrice, saying only ,NO" all the time. Then he said: It is only four mouths and ten days, whereas in the preIslamic period none of you threw away the dung until one year had passed.
Humaid said: I said to Zainab: What is this throwing of dung until a year is passed? Zainab said: When the husband of a woman died, she went into a hut and put on her worst clothes, and did not apply perfume or something like it until a year was over.
Then an animal like a donkey, or a goat, or a bird was brought to her and she rubbed her hand over it, and it so happened that one on which she rubbed her hand died. She then came out of her house and she was given dung and she threw it and then she made use of anything like perfume or something else as she liked. Zainab bint Umm Salama Allah be pleased with her reported that a relative of Umm Habiba Allah he pleased with her died. She sent for a yellow perfume and applied that to her forearm and said: I, am doing it, for I have heard Allah's Messenger may peace be upon him saying: It is not permissible for a woman believing in Allah and the Hereafter to mourn beyond three days except the husband for whom she can mourn for four months and ten days, This hadith was narrated by Zainab from her mother and from Zainab, the wife of Allah's Apostle may peace be upon him , or from some other lady from among the wives of the Prophet may peace be upon him.
Zainab bint Umm Salama Allah be pleased with her reported on the authority of her mother that a woman lost her husband. As her eyes were ailing they her kith and kin entertained fear about her eyes, so they came to Allah's Apostle may peace be upon him and sought permission for the use of collyrium, whereupon Allah's Messenger may peace be upon him said: One among you used to spend one year in a dungeon dressed in worst clothes.
And at the end of this period she threw dung at the dog which happened to pass that way and then she came out of her 'Idda. Can't she wait even for four months and ten days? Humaid b.
Nafi' narrated two traditions from Umm Salama dealing with collyrium and the other hadith from the wives of Allah's Prophet may peace be upon him except with this that no mention was made of Zainab. Zainab bint Abu Salama reported: Umm Salama and Umm Habiba Allah be pleased with them were talking with each other and saying that a woman came to Allah's Messenger may peace be upon him and mentioned to him that her daughter had lost her husband, and her eyes were sore and she wnted to use collyrium, whereupon Allah's Messenger may peace be upon him said: One among you used to throw dung at the end of a year, and now this abstinence from adornment is only for four months and ten days.
Zainab bint Abu Salama reported that when the news of the death of Abu Safyan came to Umm Habiba she sent for yellow perfume on the third day and rubbed it on her forearms and on her cheeks and said: I had in fact no need of it, but I heard Allah's Messenger may peace be upon him as saying: It is not permissible for the women believing in Allah and the Hereafter to abstain from adornment beyond three days except at the death of husband in which case she must abstain from adornment for four months and ten days.
Safiyya bint Abu 'Ubaid reported on the authority of Hafsa or 'A'isha Allah be pleased with thein or from both of them that Allah's Messenger may peace he upon him said: It is not permissible for a woman believing in Allah and the Hereafter or believing in Allah and His Messenger that she should observe mourning for the dead beyond three days except in case of her husband. Safiyya bint Abu 'Ubaid reported that she heard Hafsa daughter of Umar Allah be pleased with them , and wife of Allah's Prophet may peace be upon him , narrating a hadith like this from Allah's Apostle may peace be upon him , and she made this addition: "She should abstain from adorning herself in case of the death of her husband for four months and ten days.
Safiyya bint Abu 'Ubaid narrated this tradition of Allah's Prophet may peace be upon him on the authority of some wives of Allah's Apostle may peace be upon him. Umm 'Atiyya Allah be pleased with her reported that Allah's Messenger may peace be upon him had said: A woman must not observe mouriaing for one who had died for more than three days except for four months and ten days in the case of her husband.
A hadith like this has been narrated on the authority of Hisham with the same chain of narrators but with a slight variation of words. Umm 'Atiyya 'Allah be pleased with her said: We were forbidden to observe mourning for the dead beyond three days except in the case of husband where it is permissible for four months and ten days, and that during this period we should neither use collyrium nor touch perfume, nor wear dyed clothes, but concession was given to a woman when one of us was purified of our courses to make use of a little incense or scent.
Sahl b. Sa'd al-Sa'idi reported that'Uwaimir al-'Ajlani came to 'Asim b. Tell me about a person who finds a man with his wife; should he kill him, and be killed In retaliation; or how should he act?
So 'Asim asked Allah's Messenger may peace be upon him and he did not like this question and he disapproved of it so much that'Asim felt aggrieved at what he had heard from Allah's Messenger may peace be upon him.
When 'Asim came back to his family, 'Uwaimir came to him and said: 'Asim, what did Allah's Messenger may peace be upon him say to you? Divorced women entitled to stay in the same house she stayed before divorce Do Not Throw the Divorcees Out Onto the Streets [Quran ] If you divorce the women, once they fulfill their interim three menstruations , you shall allow them to live in the same home amicably, or let them leave amicably.
Do not force them to stay against their will, as a revenge. Anyone who does this wrongs his own soul. Do not take God's revelations in vain. Remember God's blessings upon you, and that He sent down to you the scripture and wisdom to enlighten you. You shall observe God, and know that God is aware of all things. If they are pregnant, you shall spend on them until they give birth. If they nurse the infant, you shall pay them for this service. If you disagree, you may hire another woman to nurse the child.
In other words, if the couple reconciles after the first divorce and wish to be husband and wife again, they can re-marry. This is allowed for two divorce only. If the couple divorces third time they have to observe God's commandment in quoted below. God makes it not-so-easy for the couple to divorce. This law serves as a deterrent for those who want a divorce for the third time and they would be very careful to take this step.
The divorced woman shall be allowed to live in the same home amicably, or leave it amicably. It is not lawful for the husband to take back anything he had given her. However, the couple may fear that they may transgress God's law. If there is fear that they may transgress God's law, they commit no error if the wife willingly gives back whatever she chooses.
These are God's laws; do not transgress them. Those who transgress God's laws are the unjust. This shall be heeded by those among you who believe in God and the Last Day. This is purer for you, and more righteous. God knows, while you do not know. The first husband can then remarry her, so long as they observe God's laws. These are God's laws; He explains them for people who know. Also note the words " It is not lawful for the husband to take back anything he had given her.
In case there is a baby during the interim: If during the observation of the interim period it is discovered that the divorced women is pregnant then as stated in the interim ends upon giving birth. God has decreed the following law dealing with the infant: [Quran ] Divorced mothers shall nurse their infants two full years, if the father so wishes.
The father shall provide the mother's food and clothing equitably. No one shall be burdened beyond his ability. No mother shall be harmed on account of her infant, nor shall the father be harmed because of his infant.
If the father dies , his inheritor shall assume these responsibilities. If the infant's parents mutually agree to part, after due consultation, they commit no error by doing so.
You commit no error by hiring nursing mothers, so long as you pay them equitably. You shall observe God, and know that God is Seer of everything you do. Whichever party chooses for divorce must obey the laws as aforesaid. Normally divorce is mutually decided by the couple. If the aforesaid laws are observed, there could be a situation where either of the spouse may not give their consent but if the arbitrators from both the families decide that divorce is the best solution for the estranged couple then they would, nevertheless go through divorce.
The divorce laws are applicable to both man and woman and indicate this except that there are certain additional laws which a divorced woman has to observe. The following seem to be the only conditions where a believing women leaves her husband without observing the above laws. In fact, I think in this case even a formal divorce is not required under Quran. However if the law of the land requires a formal divorce then one must follow suit.
God is fully aware of their belief. Once you establish that they are believers, you shall not return them to the disbelievers. They are not lawful to remain married to them, nor shall the disbelievers be allowed to marry them. Give back the dowries that the disbelievers have paid.
You commit no error by marrying them, so long as you pay them their due dowries. If you would like to contribute please email editor familylaw. Children and Same Sex Families.
More info. Mental Capacity. Mental Capacity: Law and Practice. Evidence in Family Proceedings. View All. A day in the life Of Siddique Patel. In my last article , I briefly mentioned the four main methods of separation in Islam.
They are: Granting of Divorce by the Husband — Talaq Separation by way of consent between the parties — Khula Dissolution of Marriage — Faskh-e-Nikah When the power of Talaq is transferred to the Wife — Tafweedh-e-Talaq In this article I focus on the first type of separation mentioned above, and certainly the most well-known out of the four, Talaq.
The International Family Law Practice provides comprehensive coverage of the international elements of English family law. Subscribers can log in here. Find out more or request a free 1-week trial to the online service. Talaq is the unilateral right of the man to divorce his wife. He can do this either verbally or in writing. That much is common knowledge. The type of Talaq pronounced by the husband affects the type of separation that ensues and also affects the methods of reconciliation to be adopted by the parties if reconciliation does indeed happen.
I think it would be prudent to mention at this point that whilst Islam has not made divorce a sin and has kept the door open for both men and women to end their marriages, divorce as a whole is the least liked out of all the Halal permissible acts in Islam.
This is to emphasise to Muslims the gravity of marital break-up and how much thought and consideration the parties should give to try to save their marriage before embarking upon the process of separation. It would be fair to say that this teaching,that of the unity of the family and of maintaining ties of kinship, is one of the most central yet most overlooked teachings of Islam.
However, it must also be stressed that any attempts at reconciliation are only advocated from an Islamic point of view as long as both parties as consenting — to force a married couple to stay together or indeed to force a marriage in the first place is against the teachings of Islam. What follows is a brief exposition on the different types of Talaq and the process for each, as this piece is meant to provide the reader with an insight into the practical side of how Talaq is given and its consequences.
He can do this in writing as well. Readers will note that the word of Talaq need only be uttered by the husband for it to be effective. However, as lawyers, we are trained to confirm things in writing and so from a personal point of view, I take the view that if a husband gives Talaq , it is better that it is in written form so that there is record of it. This can be beneficial especially when parties wish to re-marry and their prospective spouses or families want to see proof of Islamic divorce.
Traditionally, Iddah is a requirement so that the couple can think about what has happened and for thereto be time for reconciliation before the Talaq is made final.
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