THE BOOK OF TALAQ (DIVORCE)
AL-KHUL’: The woman’s Right of cancellation of her marriage.
قال الله عز وجل (فإن خفتم ألا يقيما حدود الله فلا جناح عليهما فيما افتدت به).البقرة229
ALLAH (AZZ WA JALL) SAID: “If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is not blame on either of them if she give something for her freedom”. Al-Baqarah 229.
Also see HADEETH # 914 in Bulugh Al-Maram.
ALLAH (AZZ WA JALL) has ordained the conjugal/marriage live to be with love and mercy. But when it comes to a closed bath, then it is possible for the woman to request the
KHUL’ and redeem herself from the husband. Unless it is not needed then it is disliked.
[1]
AT-TALAQ (DIVORCE)
قال الله عز و جل (الطلاق مرتان فإمساك بمعروف أو تسريح بإحسان) البقرة 229
ALLAH (AZZ WA JALL) SAID : A divorce is only permissible twice: after that, the parties should either hold together on equitable terms, or separate with kindness. Al-Baqarah 229.
Definition of AT-TALAQ:
LINGUISTICALLY: To set free.
JURIDICALLY: To free the woman from the bond of marriage.
The Rule of AT-TALAQ: In general it is hated to ALLAH, but in some
cases it is the only solution.
When to divorce: When the wife is purified, before having intercourse
with her. Otherwise it is HARAM.
Who can divorce: The discernment, realized husband, who recognizes it.
SUNNAH TALAQ vs.
BID’A TALAQ
Time wise When wife is purified When wife is menstruated
And before intercourse (or post-birth bleeding), or when purified after an intercourse.
Number divorce her
once divorce her
multiple times
Wise [three times for free man and two times for a slave].
<< HALAL >> << HARAM >>
CONDITIONS FOR TAKING BACK THE WIFE (
RAJ’A):
1) The divorce should be less than the max. number.
2) During the
IDDAH (period of waiting).
3) The divorced wife was gone in.
4) The divorce should be a compensated.
5) It should be a true
NIKAH (marriage).
6) It should be unconditioned.
General notes:
1- It is equal to pronounce the divorce seriously or jokingly.
2- The divorce must be pronounced or written.
3- It is possible to make the divorce conditioned.
4- During the
IDDAH the marriage is still valid
5- When getting the wife back it is liked to be witness on.
: Some scholars consider
KHUL’ different than Divorce.[1]