While it is desired that marriage is fruitful, happy and enduring. Islaam also recognizes that there may be situations where living together becomes difficult or perhaps impossible. In this situation, Islaam provides for the termination of the marriage. Talaaq or dissolution of marriage in Islaam is not done arbitrarily, rather, Muslims are required to follow the guidance of Islaam in dissolving marriage. In this edition and subsequent ones, we shall review the law of divorce in Islaam. Introduction At-Talaaq literally means, to loose a knot. According to lmaarn al- Haramain "At-Talaaq (Divorce) is one of those Jaahiliyyah (Time of Ignorance) words that Shariah has affirmed." (Fath al-Baree)
Aishah (RA) reported that: "During the time of Ignorance a man could divorce his wife whenever he wanted, and she was still his wife if he returned to her, even though she is in her Iddah (waiting period), even if he divorced her one hundred times and more. Until a man told his wife that "I swear by Allaah, I will not divorce you, so that you will be away from me, and I will not accommodate you." The woman asked him how? He replied: "I divorce you, but whenever your Iddah is about to end I will return to you.
The woman went to Aishah and informed her, Aishah was silent till the arrival of the Prophet and she informed him. The Prophet (salallahu alayhi wa sallam) kept silent till Allaah revealed: "divorce is only permissible twice, after that, the parties should either hold together on equitable terms, or separate with kindness." (Baqarah [21: 229) (Tirmidhi)
Technically or in the Sharee" ah: Talaaq (Divorce) means to dissolve a marriage. It is legal .The origin of its legality is established by the Quraan, Sunnah and Ijmaa(general consensus). Allaah says in Quraan: "O Prophet! When you divorce women, divorce them at their iddah (prescribed periods), and count (accurately) their iddah (periods)!(Tahreem [65vsI)
In the Sunan: Narrated by Salim (RAH): "That Abdullah bin Umar (RA) told him that he had divorced his wife while she was in her menses so "Umar (RA) informed Allaah's Messenger (RA) of that. Allaah's Messenger (RA) became very angry at that and said, "lbn Umar (RA) must return her to his house and keep her as his wife till she becomes clean and then menstruates .and becomes clean again. Whereupon. if he wishes to divorce her. he may do so while she is still clean and before having any sexual relations with her.
For that is the legally prescribed period for divorce as Allaah has ordered." (Bukhari) All Muslims agree upon the permissibility of divorce. (Mughnee) Divorce Is Of Five Different Types Wajib(0 bligatory) Makruh(disliked) Mubah(permissible) Mandub or Mustahaab (encouraged) Mahdhur (Haraam i.e. Forbidden) To be continued.
This article was culled from the publications of Deen Communication Limited