Dear Burhan..! Asak..! I juzz wanted to no the detailz abt divorce..all I want 2 no dat is it enuff repeating orally "Divorce"thrice.... n if a man divorces his wife ..is it true that there shd b a witness.. if yes.. how many people will do..n when can de woman remarry.. after divorce n wat is she supposed to do in between..n wat iz de man supposed to do when he divorces his wife. thanx a lot
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I juzz wanted to no the detailz abt divorce..all I want 2 no dat is it enuff repeating orally "Divorce"thrice.... n if a man divorces his wife ..is it true that there shd b a witness.. if yes.. how many people will do..n when can de woman remarry.. after divorce n wat is she supposed to do in between..n wat iz de man supposed to do when he divorces his wife. thanx
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Allah Says in the Holy Quran Chapter 2 Surah Baqarah verses 229-232:
229 A divorce is only permissible twice: after that the parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back any of your gifts (from your wives) except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah; so do not transgress them. If any do transgress the limits ordained by Allah such persons wrong (themselves as well as others).
230 So if a husband divorces his wife (irrevocably) he cannot after that remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who understand.
231 When ye divorce women and they fulfil the term of their (`Iddat) either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them or to take undue advantage; if anyone does that He wrongs his own soul. Do not treat Allah's Signs as a jest but solemnly rehearse Allah's favors on you and the fact that He sent down to you the Book and Wisdom for your instruction. And fear Allah and know that Allah is well acquainted with all things.
232 When ye divorce women and they fulfil the term of their (`Iddat) do not prevent them from marrying their (former) husbands if they mutually agree on equitable terms. This instruction is for all amongst you who believe in Allah and the Last Day. That is (the course making for) most virtue and purity amongst you and Allah knows and ye know not.
Beloved Sister, there are two types of divorce in Islam:
The first type is the revocable divorce, namely the first and the second divorce; which basically means that there is a chance for the couple to reconcile and remarry after their revocable divorce, if both of them wish to do so.
The second type is the irrevocable or final divorce, namely the third divorce; there is absolutely no return or reconciliation if the husband pronounces three divorces (regardless of whether these three are announced at three separate occasions or on one occasion) unless the wife marries another man, and the new husband dies, or of his own will divorces her.
Your Question: I juzz wanted to no the detailz abt divorce..all I want 2 no dat is it enuff repeating orally "Divorce"thrice
In light of the guidance of the Quran and the Sunnah, all that takes to give a divorce in Islam is for the husband to declare ‘I divorce you’ to his wife in whatever available format he chooses: be it verbal, written, on the phone, over the email, sms text, etc.. Regardless of whether the statements of the husband are made in jest, as a joke, in seriousness, or in anger, etc.; it will constitute a pronunciation of a legal divorce in the Sight of Shariah and Allah Subhanah.
Sunan of Abu-Dawood Hadith 2189 Narrated by Abu Hurayrah
The Prophet (saws) said: ‘There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce and taking back a wife (after a divorce which is not final).’
Allah Subhanah has placed the ties of marriage in the hands of the husband and bestowed him with three divorce rights in any one marriage; the first two of which are revocable and the third and last one is irrevocable. If the husband has made up his mind to divorce his wife the correct and righteous way in Islam of pronouncing divorce is to make sure that the wife is not in her menses periods at the time, and declare only one divorce upon her. The wife should stay in her husband’s house and perform her ‘iddah’ or waiting period of divorce for a period of three menstrual cycles. If the couple agree to reconcile and revoke the divorce before the end of the ‘iddah’ or waiting period, the husband has the right to revoke the divorce simply by accepting his wife back or even by conjugating with her, thus signaling the revoking of his declaration of divorce. This revocable divorce is only allowed in the declaration of the first and second divorce.
If the ‘iddah’ of the three menses periods have elapsed and the couple have not reconciled, then the husband and wife will be considered officially divorced and separated and the couple are non-mehrams to each other in the sight of Shariah.
In the first two revocable divorces, even f the ‘iddah’ period has elapsed and the couple have not reconciled during that period; they can still marry each other by performing a brand new ‘nikaah’.
But if the husband pronounces ‘I divorce you’ for the third time, then this divorce will be absolutely irrevocable in the sight of Allah and Shariah; and there is no way for the couple to reconcile after this irrevocable third divorce until the woman marries another man, and the new husband dies, or of his own will divorces her.
Your Question: n if a man divorces his wife ..is it true that there shd b a witness..
In principle, there is no need for a witness to the divorce between a husband and the wife. If the husband has declared his divorce, then it will constitute a legal and binding divorce in the sight of Allah Subhanah and Shariah.
will only be need if the woman claims in a
Your Question: if yes.. how many people will do..
In a case where the woman claims in Court that her husband has divorced her and the husband refuses her claim or accusation, the Court will demand that the wife produce at least two witnesses who can testify that her claim is true.
Your Question: when can de woman remarry.. after divorce
Allah Says in the Holy Quran Chapter 2 Surah Baqarah verse 228:
228 Divorced women shall wait concerning themselves for three monthly periods nor is it lawful for them to hide what Allah hath created in their wombs if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period if they wish for reconciliation. And women shall have rights similar to the rights against them according to what is equitable; but men have a degree (of advantage) over them and Allah is Exalted in Power Wise.
If the husband does not reconcile and take his wife back before the ‘iddah’ period of divorce is over, the couple will be officially divorced and must separate. At this time, the woman is free to marry anyone of her choice, if she wishes to do so.
Your Question: wat is she supposed to do in between
Islam guides that during the ‘iddah’ or waiting period between the pronouncement of divorce and the actual separation at the completion of three menstrual cycles, the couple must fear Allah, live in the same house in peace and harmony, and if possible, try to reconcile their differences (applicable only in the first two ‘revocable’ divorces).
If the husband takes her wife back, or the two of them conjugate during this period of ‘iddah’ in the first two revocable divorce, the divorce will be deemed null and valid and the couple may continue living as husband and wife again.
But when the third and irrevocable divorce is pronounced, there is absolutely no chance of reconciliation between the two. But even during that period of ‘iddah’, the couple must fear Allah and wait out the waiting period in peace.
Your Question: wat iz de man supposed to do when he divorces his wife.
Allah Says in the Holy Quran Chapter 65 Surah Talaq verse 1:
1 O Prophet! When ye do divorce women divorce them at their prescribed periods and count (accurately) their prescribed periods: and fear Allah your Lord: and turn them not out of their houses nor shall they (themselves) leave except in case they are guilty of some open lewdness. Those are limits set by Allah: and any who transgresses the limits of Allah does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.
Allah Says in the Holy Quran Chapter 4 Surah Nisaa verses 19-21:
19 O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness that ye may take away part of the dower ye have given them except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing and Allah brings about through it a great deal of good.
20 But if ye decide to take one wife in place of another even if ye had given the latter a whole treasure for dower take not the least bit of it back: would ye take it by slander and a manifest wrong?
21 And how could ye take it when ye have gone in unto each other and they have taken from you a solemn covenant?
Since Allah has bestowed the ties of marriage in the hands of the husband in Islam, he is bound by strict boundaries of what he can do and especially what he cannot do; so that the rights of the woman are safe and protected. Islam guides that just as the two of them at one time agreed to marry and live their lives in peace and harmony together; if a situation arises where the two do not wish to continue to live together as husband and wife, they should fear Allah and just as they as they united in peace, they should separate in peace.
Here’s what a husband is commanded to do after he pronounces divorce to his wife:
Count accurate the prescribed period of the ‘iddah’ of divorce
Absolutely cannot force or coerce the wife in anyway to leave the house during the period of divorce.
Absolutely cannot treat the wife with harshness, abuse, cruelty, spitefulness, slander, mud-slinging, blame-mongering, or any injustice whatsoever.
But rather live out the waiting period on a footing of kindness, patience, and justice.
And finally, absolutely cannot demand or take back anything from the ‘mehr’ he gave her or any other gift which he presented to her during their time of marriage.
Dear and Beloved Sister in Islam, the above answer is only a general preview to the conditions and legality during divorce. There are some variations like when the woman is pregnant, her rights and the rights of the baby after divorce, etc. which we have not gone into here; but rather just presented a general overview of the conditions of pronouncing divorce in Islam.
Every believing man and believing woman who marries or wishes to marry must know the Shariah laws of marriage and divorce, and the rights which Allah has bestowed upon the believers so that they may live their lives in accordance with the boundaries and commands of Allah Subhanah.
If you have any questions or need any further clarification on the subject, please do consult a good knowledgeable and pious scholar, or alternatively you could write to us and we shall strive to the best of our ability to guide you in light of the Quran and the Sunnah, Insha Allah.
Whatever written of Truth and benefit is only due to Allah’s Assistance and Guidance, and whatever of error is of me. Allah Alone Knows Best and He is the Only Source of Strength.
Your Brother and sincere well wisher in Islam,