[Adiva]

I wanted to know if anyone could shed light on the matter of islamic divorce. How does it work? Some people say that the husband has to say talak 3 times in one sitting for the divorce to be valid and others say that they can say it 3 times at the different occasions. Which is correct?

 

[aamirsaab]

It has to be on 3 different/seperate occasions.

 

[alcurad]

by going to court and filing for divorce. simply saying "divorce" does not do anything as many seem to think.
divorce is not something so trivial for it to happen by simply saying talak, or any other words. many households have been broken because of this strange practice which does not conform to the teachings of Islam.

 

[- Qatada -]

:salamext:


these are useful insha allah;

http://islamtoday.com/show_sub_section.cfm?main_cat_id=8&sub_cat_id=0
http://www.islam-qa.com/en/search/divorce/AllWords/t,q,a

 

[...]

by going to court and filing for divorce. simply saying "divorce" does not do anything as many seem to think.
divorce is not something so trivial for it to happen by simply saying talak, or any other words. many households have been broken because of this strange practice which does not conform to the teachings of Islam.

I've heard that the two things you can't joke about are nikkah and divorce. These two things even if you say them as a joke, they are counted- this is because of the seriousness of the matter so people don't joke about these kind of things.

wallahu a'lam

wassalam

 

[- Qatada -]

I've heard that the two things you can't joke about are nikkah and divorce. These two things even if you say them as a joke, they are counted- this is because of the seriousness of the matter so people don't joke about these kind of things.

wallahu a'lam

wassalam

:salamext:


yeh and freeing a slave.


read it here;
http://www.islamonline.net/servlet/...nglish-Ask_Scholar/FatwaE/FatwaEAskTheScholar

 

[Adiva]

My personal feeling is that if a person says talak in one sitting then it is counted as saying it one could be out of anger and twice a mistake but no one would say it thrice if they didnt mean it and know of the consequesnces.. i may be wrong..hence the thread

 

[alcurad]

I've heard that the two things you can't joke about are nikkah and divorce
wassalam

does that sound consistent with the greatness and wisdom Islam comes with?
someone jokes about marrying someone they are automatically married to them?

 

[Adiva]

salaam,

can anyone give me a quote from the quran or hadeeth about this matter?

 

[doorster]

by going to court and filing for divorce. simply saying "divorce" does not do anything as many seem to think.

where does one find a decent court in third rate countries like Arabia,India, Afghanistan, Most of Pakistan? Not everybody lives in England you know

salaam,

can anyone give me a quote from the quran or hadeeth about this matter?

did you look in to >> http://www.islamicboard.com/family-society/134275204-talak.html#post1056736

Sheikh Yusuf Al-Qaradawi, states:

"The Muslim is allowed three chances, that is to say, three pronouncements or acts of divorce on three different occasions provided that each divorce is pronounced during the time when the wife is in the period of purity and he has had no intercourse with her.

Those Muslims who utter three divorce pronouncements at one time or in one statement are rebels against Allah's law and are deviating from the straight path of Islam. Once the Prophet (peace and blessings be upon him) was informed about a man who had pronounced three divorces at one time, he got up in anger, saying: "Is sport being made of the Book of Allah while I am (yet) among you?" As a result, a man stood up and said, "O Messenger of Allah, shall I not kill him?" (Reported by an-Nasa'i)"

As for the ruling on the triple divorce and whether it is counted as one divorce or three, Sheikh Ahmad Kutty, a senior lecturer and an Islamic scholar at the Islamic Institute of Toronto, Ontario, Canada, states:

"There remains the question: Whether the triple divorce pronounced concurrently by the husband shall be considered as a single divorce or three separate divorces. If it is considered as three separate divorces, then the couple cannot be married again unless someone else has married the woman, and he has, on his own free will, divorced her.

According to scholars such as Ibn Taymiyyah and Ibn al-Qayyim, triple divorces that are pronounced concurrently shall be considered only as a single divorce. They base themselves on the evidence that it was treated by the Prophet (peace and blessings be upon him) as single divorce. It is further supported by other clear evidences from the Qur’an and the Sunnah."

Excepted, with modifications, from: www.muslims.ca

Sheikh Sayyed Sabiq in his well-known book, Fiqh As-Sunnah sheds more light on the issue He writes:

"Muslim scholars maintain that the one who divorces his wife three times in one occasion has committed a sin. It is reported that the Prophet (peace and blessings be upon him) became very angry when he was informed that a man had divorced his wife by pronouncing it three times on one occasion.

However, jurists differ as to whether the divorce pronounced three times in succession is to be counted as one divorce pronouncement or three separate divorces. The majority of scholars state that if the husband pronounces the divorce of his wife three times on one occasion, it will be counted as three divorces. This is the opinion of many of the Prophet's Companions, the majority of the successors, and the imams of the four schools of fiqh.

Other scholars including Ibn Taymiyyah, Ibn al-Qayyim are of the opinion that it should be counted as only one pronouncement of divorce. This is also reported by Ibn al-Munzir from `Ata', Tawus, Ibn Dinar. Ibn Mughith also reported this opinion of `Ali ibn Abi Talib, Ibn Mas`ud, `Abdur-Rahman ibn `Awf, Az-Zubayr from among the Companions of the Prophet (peace and blessings be upon him).

They quote the following hadith in support of their view: “Ibn `Abbas (may Allah be pleased with him) reports that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (peace and blessings be upon him) and that of Abu Bakr (may Allah be pleased with him) and two years of the caliphate of `Umar ibn Al-Khattab (may Allah be pleased with him) was treated as once. But `Umar ibn Al-Khattab (may Allah be pleased with him) said: "Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them (i.e. regard the divorce pronounced three times in succession as irrevocable divorce, it would have deterred them from doing so)!" So he regarded it as such. This latter view is believed to be the most correct."

You can also read:
Divorce Should Be the Final Resort
Divorce Should Be the Final Resort
Ruling on Triple Divorce
Divorce: Islamic Procedure & Rulings

 

[alcurad]

doorster, I lived in 'arabia' for most of my life, they do have courts at that..
again, just because it happened a certain way in the past does not mean it is how we muslims should do it.

يا أيها النبي إذا طلقتم النساء فطلقوهن لعدتهن وأحصوا العدة واتقوا الله ربكم لا تخرجوهن من بيوتهن ولا يخرجن إلا أن يأتين بفاحشة مبينة وتلك حدود الله ومن يتعد حدود الله فقد ظلم نفسه لا تدري لعل الله يحدث بعد ذلك أمراً* فإذا بلغن أجلهن فامسكوهن بمعروف أو فارقوهن بمعروف وأشهدوا ذوي عدل منكم وأقيموا الشهادة لله ذلكم يوعظ به من كان يؤمن بالله واليوم الآخر ومن يتق الله يجعل له مخرجا

the verse(65:1-2) states several rules regarding divorce, one being:let two bear witness, thus simply saying I divorce you to your wife is not enough.

 

[doorster]

I never said that you/they don't,I only tried to hint that those places, to my knowledge, did not have or rarely have served justice, because anyone with some cash can buy them, only the one with bigger wallet ever won from according to what I saw

by going to court and filing for divorce. simply saying "divorce" does not do anything as many seem to think.

where does one find a decent court in third rate countries like Arabia,India, Afghanistan, Most of Pakistan? Not everybody lives in England you know

have another look

simply saying I divorce you to your wife is not enough.

I can't remember saying that either

 

[alcurad]

, the other was a reply to someone else,,

 

[Adiva]

Thank you ..its so confusing...i guess no one can really make up their minds..go with the gut

 

[FatimaAsSideqah]

“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 Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge” (al-Baqarah 2:230)

Its only I can give you the verse from the Quran. Insha'Allah, it will helpful for you.

 

[Adiva]

So from all of this im thinking that you need 2 witnesses..which makes sense as that is what is needed during a marriage