ABOUT DIVORCE

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The word “divorce” in the dictionary means “untying the material and spiritual knot”.
In Shari'ah terminology, it is said in a special way to divorce a marriage or to break its integrity.
A special word is a word that means spleen or its meaning.
Divorce, on the other hand, means breaking the marriage contract and losing the spiritual connection between them. This occurs with three divorces, after which the divorced woman becomes dishonest to the one who divorced her.
Defeating her honesty means that if she divorces one, she will lose one of the three divorces, and her wife's honesty towards him will be impaired.
In addition, the number of spleens is limited to three spleens. After three divorces, the wife will have to touch another place.
Islam gave the right to divorce to a man. Because a man is the head of the family. The reputation of a family is closely linked to its reputation. That’s why a man multiplies before he breaks up a family. The children are also in the father’s name, an issue that also encourages the man to keep the family as long as possible. All the effort and expense to get married is also done by the man. He gives dowry to his wife, prepares a house, makes a wedding, and so on. If he leaves his wife and remarries, these trades will also start anew.
Most importantly, a Muslim husband will be brought up in the spirit of not divorcing as much as possible. In general, divorce is considered the most unpleasant thing in Islamic society. A Muslim husband who realizes that divorce shakes the throne of Allah will exercise this right only as a last resort. For, as stated in the hadith of divorce, it is the halal thing that Allah hates the most.
It is narrated on the authority of Abu Hurayra that
“The Prophet (peace and blessings of Allaah be upon him) said:
He said, "Allah has forgiven my ummah for what He has said to Himself and for Himself, unless He utters it or utters it."
Narrated by the five.
According to this hadith, if someone says that he has divorced his wife, the divorce will not take place. But if he speaks out loud, he will be divorced. If a man says to his wife that you are divorced, he will divorce her. He is not asked why he said that.
Also, a person who cannot speak will get divorced even if he divorces her with a gesture.
Even if he divorces by correspondence.
Even if he sends someone as a messenger and conveys the message of divorce through him, the divorce will take place.
If a person loses consciousness due to voluntary disposal, for example, if he loses consciousness because he drank intoxicants, cannabis, drugs, etc. .
So you have to be very careful in this thing.
It is narrated on the authority of Abu Hurayra that
“The Prophet (peace and blessings of Allaah be upon him) said:
He said, "Three things are more serious, and the joke is more serious: marriage, divorce, and rajah."
Narrated by Abu Dawud, al-Tirmidhi and al-Hakim.
If the marriage between them is right, they will joke, and if they get married, the marriage will be stable. The same goes for the jokingly spleen. If a man who has divorced his wife one or two rajis says in iddah that he has taken you back to himself, the rajah will also be fixed.
Because in these cases, he will have said it knowingly and deliberately. Islam takes life, especially family life, seriously. He sees the marital bond between the couple as a sacred bond. It is not possible to turn sacred things into jokes. If he jokes, will he come and joke with one of the most sacred ties? Is it easy for a woman to be honest with a stranger?
In one of the verses explaining the ruling on divorce in Surat al-Baqara, Allah says, "Do not make a joke of the verses of Allah." From this it is clear that the issue of marriage and divorce is a sign of Allah. Islam does not want the verses of Allah to become a joke.
Let a Muslim take life seriously. Let him not make his family his own toy. A man who has been with his wife, who has toyed with a marriage relationship in which the two have defiled each other, deserves any punishment.
It is narrated on the authority of Ibn 'Abbas that
“When a man divorces his wife, he has the right to take her back, even if he divorces her three times. Then it is said:
“Divorce is twice. Then to seize it with goodness or to let it go with goodness.
Narrated by the owners of Sunan.
In the age of ignorance, the number of spleens was not limited. The man would let his wife go as he pleased and reconcile as he wished.
According to a narration by Imam al-Tirmidhi, even if he divorces a hundred times. As mentioned earlier, there was oppression of women in this case. Marriage and family ties were as precious as a toy. Therefore, Allah revealed the verse in which the beginning of this narration is given, and gave a man the right to only three divorces.
It is possible to reconcile after a divorce. It is possible to reconcile even after the second divorce. After the third divorce, however, reconciliation is not possible. Throughout the verse, it is said that he (the woman) will not be lawful to her after (three divorces) until he touches another place.
That is, a woman who has been divorced three times becomes lawful for the first land only after she touches another land, has a full family life with that second land, and claims to be separated from the second land due to death or divorce. He can marry her again, just as a newlywed should do. For a self-aware man, divorcing his wife is not a decent job. However, given the different situations encountered in life, it is possible to reconcile after one and the second divorce. A man who has reconciled twice, who has not received any advice from himself, and who dares to divorce his wife again, and who intends to turn the marriage into a game, is not given the right to reconcile after the third divorce.
In the matter of divorce, special attention is paid to the words used for divorce.
The words used for divorce are divided into two.
1. Clear words.
The implication of such words is clear, and they are traditionally used for divorce. The words "talaq", "firaq" and "saroh" are words used in Arabic for open divorce. All non-Arab peoples may also be accustomed to the use of words in the sense of these words. The word divorce is a word common and known to all peoples. Words like “I let go” and “I broke up” can have the same meaning.
The following conditions are required for divorce:
1. To say, write, or signify a word that usually means divorce in the dictionary and tradition.
2. The divorcee must understand the meaning.
If someone is taught spleen urine in another language, if he uses it without knowing the meaning, the spleen will not fall.
3. To attribute a divorce to his wife.
Saying a woman's name is like calling her, saying her name, pointing at her. "I divorced my wife," "So-and-so is divorced," "I divorced Manavi," "You are divorced," "She is divorced." Also, if he says, "If I do not do something within a certain period of time, I will be obliged to divorce him."
4. There is no doubt in the wording and number of the divorce.
Even if he mispronounces the word, he will be divorced. For example, instead of saying "talaq" it means "talaq" or "talaq". Divorce comes when the word open divorce is pronounced in reference to the wife. Intention does not sit around asking for a goal.
2. Cinnamon-speaking spleen.
In this case, the word, which means both divorce and other meanings, is used in reference to the wife. “Go to your parents, go! Go away!" “Get out! You are empty, you are happy, your work is with you. ”
If these sarcastic words are uttered in a state of consent, without mention of divorce, the divorce will not take place. But if the husband says that I said this with the intention of divorce, the divorce will take place.
If there is a state of consent and the husband and wife discuss the issue of divorce, and the husband utters words such as "date your marriage," "you are divorced," "you are free," the divorce will take place. If he utters other sarcastic words, it will depend on his intention.
When there is a state of anger, a quarrel, a divorce is said by saying, "Count the iddang." In other words, it depends on the intention.
It is narrated on the authority of Imam Bukhari and Imam Muslim that 'A'isha said:
It is narrated that the Messenger of Allaah (peace and blessings of Allaah be upon him) did not beat any of his wives or servants.
These meanings should be well understood and applied to life by every Muslim woman and man. Women should not disobey their husbands, rebel against them, stand within their boundaries, and force their husbands to take emergency measures. Husbands, on the other hand, should treat their wives well, be patient and forgiving if some mistakes are made by women. Then they will be among the best of the Muslims.

Prepared by A. Shonazarov.
He is a teacher at the Khoja Bukhari Islamic School

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