talaq

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talaq

Post by arzo on Wed Aug 11, 2010 12:35 am

Salam,
Mera sawal hai k shoher agr aik baar talaq kah day ur phir rojo kr lay ur mana lay k main ghossay main tha tu kya talaq nai hoti ur ghossay ki halat main day tu .agr ho jati hai tu rojo karnay k baad
Iddat ya phir dobara nikah hota hai ya rojo karnay say talaq nai hoti phir say miya bv ki tarha zindagi gozar saktay hain
Plz meri email ka urgently javab dijye
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Re: talaq

Post by *LosT* on Wed Aug 11, 2010 1:02 am

wa alaikum assalam wa rahmatullahi wa barakatuhu

Jab tak teen baar aadmi moun se talaq word na keh dey.
to nahi hoti.
agar aik baar keh de aur phir ruju kare to its fine.
will try to find the reference.iddat wagera ka mujhe nahi pata
per humne kisi relative k liey puchwaya tha and it says k teen bar jab tak na keh dein to nahi hoti
and ALLAH knows the best.
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Re: talaq

Post by Noor'e Sahar on Fri Aug 13, 2010 11:16 pm

wa salam

mujhe kuch searching se info mili hai woh share kerti hon aap per lain
may b aap ko us se kuch pata chal sakey Jazak Allah khair
DIVORCE IN ISLAM
Marriage
and divorce are two basics of our family system. Beginning of a new
family starts when two male and females decide living together after a
formal marriage contract. In Islam, marriage can not become a valid
legal contract till both male and female (infront of at least two males
or one male & 2 females as witness) freely agrees on it. Willing of
the bachelor female's wali (her father or other legal patron) is
another requirement for the assistance of the female as she alone could
not select the right life partner for her. However, it is no more
required if she is re-marrying after the divorce or the death of her
husband. Marriage of a minor or underage girl can be done by her wali's
wish alone. Quran allows such marriage of minor girls in surat
talq-4. According to Islamic scholars, such minor girl have the right
to cancel her marriage as when she becomes adult if she is not yet
handed over to her husband.

After marriage both male and
female life partners have almost equal opportunities to get divorce if
they don't want to live together. However it should be noted that as
per our beloved prophet (peace be upon him):
Allah
did not make anything lawful more abominable to Him than Divorce. Of
all the lawful acts the most detestable to Allah is Divorce.
(Sunan Abu dawud: Book #12, Hadith #2172-2173)
There are 5 types of divorce, in Islam

1.
The first type is by unilateral… by unilateral agreement, between the
husband and wife - Both may say… 'Okay, we are not compatible… let us
part'.

2.The second type, is by the unilateral will of the
husband, that is called a 'Talaq', in which, he has to forgo his
'Meher'. If he has not paid it, he has to pay it to her… and including
the gifts, he has given to her.

3.Third type, is by the
unilateral will of the wife - I repeat, by the unilateral will of the
wife… if she mentions it in her marriage contract. If she mentions it
in her Nikah-Nama… in her marriage contract, that she has the right to
give unilateral divorce, she can give it - It is call as 'Isma'. I have
never heard of anyone speaking of an 'Isma' - It is called as 'Isma' -
Even a woman can give divorce, 'Isma'.

4. Fourthd category is,
if the husband ill-treats her, or not give her equal rights, she has
the right to go to a Kazi, and nullify the marriage - It is called as
'Nikah-e-Fask'. In this, according to the Kazi, he may ask the husband
to give the full 'Meher', or part of the 'Meher', depending upon the
Kazi.

5.And the last is 'Kulah'- that even though the husband
may be a very good husband, the wife has got no complaints against the
husband, but for personal reasons, she does not like the husband - she
can request the husband, to divorce her - and that is called as
'Kulah'.

But very few people talk about women giving divorce,
to the men. Some of the Ulemas have categorized these 5 types of
divorce, into 2 or 3 different categories, but broadly there are 5
types of divorce, in Islam. Hope that answers the question.


Here are some Quran verses dealing with divorce affairs.

And
divorced women shall wait (as regards their marriage) for three
menstrual periods, and it is not lawful for them to conceal what Allah
has created in their wombs, if they believe 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 they (women) have rights
(over their husbands as regards living expenses) similar (to those of
their husbands) over them (as regards obedience and respect) to what is
reasonable, but men have a degree (of responsibility) over them. And
Allah is All-Mighty, All-Wise. (Al-Baqara-228)


The
divorce is twice, after that, either you retain her on reasonable terms
or release her with kindness. And it is not lawful for you (men) to
take back (from your wives) any of your Mahr (bridal - money given by
the husband to his wife at the time of marriage) which you have given
them, except when both parties fear that they would be unable to keep
the limits ordained by Allah (e.g. to deal with each other on a fair
basis). Then if you fear that they would not be able to keep the limits
ordained by Allah, then there is no sin on either of them if she gives
back (the Mahr or a part of it) for her Al-Khul' (divorce). These are
the limits ordained by Allah, so do not transgress them. And whoever
transgresses the limits ordained by Allah, and then such are the
Zâliműn (wrong-doers). (Al-Baqara-229)


And
if he has divorced her (the third time), then she is not lawful unto
him thereafter until she has married another husband. Then, if the
other husband divorces her, it is no sin on both of them that they
reunite, provided they feel that they can keep the limits ordained by
Allah. These are the limits of Allâh, which He makes plain for the
people who have knowledge. (Al-Baqara- 230)


And
those of you who die and leave wives behind them, they (the wives)
shall wait (as regards their marriage) for four months and ten days,
then when they have fulfilled their term, there is no sin on you if
they (the wives) dispose of themselves in a just and honorable manner
(i.e. they can marry). And Allah is Well-Acquainted with what you do
(Al-Baqara-234)


O
you who believe! When you marry believing women, and then divorce them
before you have sexual intercourse with them, no iddah (divorce
prescribed period) have you to count in respect of them. So give them a
present, and set them free (i.e. divorce), in a handsome manner.
(Al-Ahzab-49)


On the basis of above verses, Islamic scholars have compiled following valid points.
1. Husband can give maximum three divorces to his wife.
2.
After one or two divorces, he has right to take back his divorcee
within iddah period and after iddah period he can re-marry with her.
3. If three divorces have been given, husband has no right to take back his divorcee.
4.
After three divorces, husband can not re-marry with her divorcee till
she marries with another person and get divorce from that person. This
is called halalah in Islamic shariyat.
5. Iddah of a divorcee woman is three menstrual periods. Only after this period, she can marry to any one else.
6. No iddah period is required if woman is divorced before sexual intercourse.
7. Iddah of a widow woman is four lunar months and ten days.
8. Iddah of a pregnant widow or divorce woman is the period till she delivered the child.


Let's recite some more verses given in soorah talaq.

O
Prophet (SAW)! When you divorce women, divorce them at their 'Iddah
(prescribed periods), and count (accurately) their 'Iddah (periods).
And fear Allâh your Lord (O Muslims), and turn them not out of their
(husband's) homes, nor shall they (themselves) leave, except in case
they are guilty of some open illegal sexual intercourse. And those are
the set limits of Allâh. And whosoever transgresses the set limits of
Allâh, and then indeed he has wronged himself. You (the one who
divorces his wife) know not, it may be that Allâh will afterward bring
some new thing to pass (i.e. to return her back to you if that was the
first or second divorce). (talaq-1)


Then
when they are about to attain their term appointed, either take them
back in a good manner or part with them in a good manner. And take as
witness two just persons from among you (Muslims). And establish the
testimony for Allâh. That will be an admonition given to him who
believes in Allâh and the Last Day. And whosoever fears Allâh and keeps
his duty to Him, He will make a way for him to get out (from every
difficulty). (2) And He will provide him from (sources) he never could
imagine. And whosoever puts his trust in Allâh, then He will suffice
him. Verily, Allâh will accomplish his purpose. Indeed Allâh has set a
measure for all things. (3)


And
those of your women as have passed the age of monthly courses, for them
the 'Iddah (prescribed periods), if you have doubt (about their
period), is three months, and for those who have no courses (i.e. they
are still immature) their 'Iddah (prescribed period) is three months
likewise, except in case of death . And for those who are pregnant
(whether they are divorced or their husbands are dead), their 'Iddah
(prescribed period) is until they laydown their burden, and whosoever
fears Allâh and keeps his duty to Him, He will make his matter easy for
him. (Talaq-4) That is the Command of Allâh, which He has sent down to
you, and whosoever fears Allâh and keeps his duty to Him, He will
expiate from him his sins, and will enlarge his reward. (Talaq-5)


Lodge
them (the divorced women) where you dwell, according to your means, and
do not harm them so as to straiten them (that they be obliged to leave
your house). And if they are pregnant, then spend on them till they lay
down their burden. Then if they give suck to the children for you, give
them their due payment, and let each of you accept the advice of the
other in a just way. But if you make difficulties for one another, then
some other woman may give suck for him (the father of the child). (6)
Let the rich man spend according to his means, and the man whose
resources are restricted, let him spend according to what Allâh has
given him. Allâh puts no burden on any person beyond what He has given
him. Allâh will grant after hardship, ease. (Talaq-7)


In above verses following instructions have been given to men and women on divorce affairs.

1.
Do not divorce a woman during her menstrual periods. Divorce should
only be given in her that neat and clean period in which sexual
intercourse is not done. Woman can be divorced if she is pregnant. It
should be noted that divorce will be still valid if it is granted
against these quranic instructions. However they will be considered as
sinful.
2. After having divorce, woman should stay to her
husband's home till the end of iddah i.e. three menstrual periods. She
should not leave her husband's home nor should her husband force her to
leave home.
3. While divorcing a woman, man should witnessed two
persons. Please note that witnessing is better for both parties.
Otherwise divorce will be legally valid without witness too.
4. Iddah period of old women is three lunar months if she is no more menstruating.
5.
Iddah period of a minor or underage girl is also three lunar months if
she has not yet started menstruating. Quran here not only allows
marrying with such minor girl but also allows sexual intercourse with
underage wife. Because there is no iddah period of untouched divorced
wife as mentioned surah Al-Ahzab-49.
6. During iddah period, husband is responsible to bear expenses of his divorced wife.
7.
If divorced wife is pregnant, the man is responsible to bear all her
expense till delivery and expense of his child after birth as well.


yeh authentic references k sath hain umeed hai ap ki help ho sakey Smile



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