divorce in Islam from ordinary divorce to triple divorce or triple talaq
TRIPLE-TALAQ
(TRIPLE TALAQ ILLEGAL)
IN SARIAT TWO TYPES OF TALAQ ARE THERE, 1) TALAQ- SUNNAH-LEGAL,
2) TALAQ BIDAAT- ILLEGAL HARAM
Now a day’s intellectuals are crying for UCC, in which they desire to see the Muslim ladies naked, so they are against the personal choices what Muslim ladies wearing, but for nudeness of ladies they are happy. How their mind had corrupted? It is quite personal. if they permit every marriage to be registered in registrar office Muslim clergymen have no objection after performing Nikah by Muslim or seven pherey by Hindu they may submit to register the same in registrar office. 80% people are doing the practice that is acceptable by registrar office. The concept of believers of Muslim is that lawmaker is Allah swt only. Democracy is against it. There are no criteria for lawmakers that they would be expert on laws, they may be most ignorant people elected by ignorant people on the basis of quantity not on quality. It is a cumbersome job to frame laws flawlessly. If a lady desires four five time sex in a night husband is not able to, what family laws of UCC suggest, divorce or tug of war every night, neighbor may complained to family court of UCC, what will be solution, or vice versa. Anyhow I want to discuss sure talaq, sure nisa, sure baqra regarding Talaq, sure baqra:
Allah swt had created the human being so he wants best civilized society, to keep the society clean is to abstain from alcoholic drink and gambling those are curse of society:
They ask you (O Mohammad saw) concerning alcoholic drink and gambling. Say: “In them is a great sin and (some) benefit for men, but the sin of them is greater than its benefit.” And they ask you what they ought to spend. Say: “That which is beyond your needs.”Thus Allah makes clear to you His laws in order that you may give thought.”-02/219
Allah swt declared alcoholic drinks as sins to save the civil society from the havoc created by a drunkard person. No society likes it. Islam declared for this sin, 100 lashes on public places to keep the society clean. Second prohibited thing is gambling. It incurs financial havoc, creates ruckus among them resulting sometime a murder. To safeguard the society it is graded sin punishable here n hereafter. Third thing is to test the human beings that are charity. Islam has no interest in bank balance here in this world, but desires to dissipate the extra money among the needy people, to keep balance of wealth among the society. Human has bestowed a special power to think n ponder, so Allah swt invites you to think and decide the betterment of society.
In (to) this worldly life and in the hereafter. And they ask you concerning orphans. Say: “that best thing is to work honestly in their property, and if you mix your affairs with theirs, then they are your brothers. And Allah knows him who means mischief (e.g. to swallow their property) from him who means good (e.g. to save their property). And if Allah had wished, he could have put you into difficulties. Truly Allah is All-mighty, All-wise.-02/220
The weakest link of the society is orphans. If he has inherent assets the guardians try to usurp that quickly before they become sensible. Allah swt desires just and fair society. So Allah swt is warning the guardians to be fair and just, give them proper support, educate them as if they are their sons. Main purpose is to keep human society human.
Islam defines two type of talaq; one is talqe-bidat that is a sin by two folds, one is the disobedience of Allah, and second Allah swt bestowed a time period to reconciliation to couple that was marred up by sudden triple talaq. Those give simultaneously triple talaq would face the torments (that is basis of Islam for Muslims) on the Day of Judgment for both the sins. Here there would be a blot on the part of divorcee as well divorced one. When the people search for match these types of people preferred to be avoided. For the divorcee and divorced both there would be hard time to remarry.
Second is talaqe-sunnah, (according to sure Baqra, sure Nisa and sure talaq.)
Those who take an oath not to have sexual relation with their wives must wait four months, than if they return (change their idea in this period), verily, Allah is oft-forgiving, Most Merciful.—02/226
There were some traditions in Arab society that is not liked by Allah swt, they uttered some absurd words such as “Izhar” (your back is for me as if my mother’s back, meaning you are not remained a wife for me) that was a pitiable condition for the ladies, Allah swt is merciful n compassionate, hence declared it a sin, keeps a chance to reconciliation so fix a time limit for that, but for the sin committed He assigned a financial or body punishment.(buy a slave n free, or perform fast continuously two months or feed good food to 60 poor persons).
And if they decide upon divorce, then Allah is all-hearer, All-knower.-02/227
There were some people most arrogant, instead of taking the wife back n bearing the punishments assigned by Allah swt, they preferred to divorce, and in that case Allah is All-knower. He has the choice to punish here or in the hereafter. He is not forcing the couple live together unwillingly n create ruckus every night n make the lives of neighbor hell. No authority can be a police in between the couple.
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 right (over their husbands as regards living expenses, etc.) similar (to those of their husbands) over them (as regards obedience and respect, etc.) to what is reasonable, but men have a degree (of responsibility) over them. And Allah is All-Mighty, All-Wise.-02/228
Notes: In Arab it is very common to marry a widow or divorced ladies. In Indian peninsula they imposed a discarded condition for those types of ladies, that unjust. Some families other than Muslims, shaved the heads of ladies, restricted the food items, now some reforms occurred. All civilized society desire a pure generation, not a mixed one. In approximately three months it is cleared the lady is pregnant or not, if not she is free to remarry. If pregnant the feud is belonging to her previous husband so she has been allowed to stay in the home of her husband till delivery. Allah swt has given a chance to both of them by month wise for three months to reconciliation. If she is pregnant both have more chances, one the period is longer till delivery, if sucking period is taken in consideration, is added two years more. The love of the child is an additional factor. So the month wise Iddah period of three month is a bonanza to mankind by Allah swt.
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 Maher (the 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. t 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 give back ( her Maher or part of it) for her Al-khula(divorce). These are the limits ordained by Allah, so do not transgress them. And whosoever transgresses the limits ordained Islamic jurisprudence by Allah, and then such are the Zalimun (wrong doers etc.)-02/229
Notes: If couple could not settled down their smooth lives and they want separation the last resort, they are to very calmly n sensibly decide the separation, they are to wait the menses is over the lady is clean, without making any sexual relation inform the lady, in a very clear words before two just witnesses that she is divorced. She would live in the same honorable place but may not share the bed. Both, maintaining a pious life, wait for next month’s cleanliness of the lady then second time he has to utter in very clear words that she has been divorced second time in presence of two just witnesses. Both are not to developed enmity among them, it was willing contract not to live together. So separated with kindness, i.e. means before leaving the house, she is needed some material of her use, her ornaments or needed some financial help it may be extended to her, up to his means. As both are free to live together on the basis of covenant made at the time of marriage, so both are free to separate out at any time. If the guardian of lady asks khula (technically a lady wants separation from her husband by terminating the marriage contract is khula) in that case her husband may ask to forego some of gifts given to the lady, that if she can, part it to give back to her husband to get khula(separation)
And when you have divorced women and they have fulfilled the term of their prescribed period, either take them back on reasonable basis or set them free on reasonable basis. But do not take them, back to hurt them, and whosoever does that, then he has wronged himself. And treat not the verses (laws) of Allah as a jest, but remember Allah’s favors on you (i.e. Islam), and that which he has sent down to you of the Book (i.e. the Quran) and Al-Hikmah (the prophet’s sunnah-legal ways-Islamic jurisprudence, etc.) whereby He instructs you. And fear Allah and know that Allah is All-Aware of everything.-02/231
Notes: Allah swt is most merciful and kind to human being, He prescribe the term of their period of Iddah month-wise three months, if in first two months divorce was clearly uttered, but third month person make relation and keep his wife as a wife on reasonable basis there is no problem for whole life. The rest of life he has to take precaution not utter divorce 3rd time. If anybody is acting contrary to the laws assigned by Allah swt, will face the torments. These are only for the believers in Islam, so no disbeliever is entitled to intervene in the matter of laws of Allah swt. If a poor man divorced a poor lady, how UCC will decide the case? Islam has three public funds to support the poor, 1) Zakat=2.5% of entire wealth deposited in public account, 2) Sadaqat unlimited amount either in form of kind or money available in public account. 3) khairat- good deeds, in the form of kind or money available in public account. The committee reviews the cases and decide stipend on reasonable basis. In our court only wealthy ladies of wealthy husband go to court. They may expect some relief from court. Allah swt already considered the separation with kindness; kindness means kindness in his means.
And when you have divorced women and they have fulfilled the term of their prescribed period, do not prevent them from marrying their (former) husbands, if they mutually agree on reasonable basis. This (instruction) is an admonition for him among you who believe in Allah and the Last Day. That is more virtuous and purer for you. Allah knows and you know not.-02/232
Notes: that is the condition husband has given one talaq in taher (the period of cleanliness from end of menses to beginning of next menses and wife left the house and remained away more than three months the prescribed period of 3 months were passed away, now they want to live together as wife n husband, thus they are allowed to but with had given his sister in Nikah to another young companion, who divorced the lady, she had gone to her brother, after some time so many placed offer to marry the lady, her previous husband had also offered for nikah, her brother was so angry, refused the offer but the lady wanted to marry her previous husband. when above mentioned verse was revealed the brother of the lady accepted the offer in reference of the verse. If a person in third month keep his wife without uttering 3rd talaq, and remain aloof so he can offer fresh nikah to his own wife and live as family forever.
There s no sin on you, if you divorce women while yet you have not touched (sexual relation with) them, nor appointed unto them their Maher (bridal money given by husband to his wife at the time of marriage). But bestow on them (a suitable gift), the rich according to his means, and poor according to his means, a gift of reasonable amount is a duty on the doers of good.-02/236
And if you divorce them before you have touched (had a sexual relation with) them, and you have appointed unto them the Maher (the bridal money given by the husbands to his wife at the time of marriage), then pay half of that (Maher), unless they (the women) agreed to forego it, or he (the husband), in whose hands is the marriage tie, agrees to forego and give her full appointed Maher. And to forego and give (her full Maher) is nearer to At-taqwa(piety, righteousness, etc.) And do not forget liberality between yourselves. Truly, Allah is All-seer of what you do.-02/237
Sure Nisaa states:
O you believe! You are forbidden to inherit women against their will, and you should not treat them with harshness, that you may take away part of the Maher you have given them, unless they commit open illegal sexual intercourse. And live with them honorably. If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good. -04/19
But if you intend to replace a wife by another and you have given one of them a Cantar ( of gold i.e. a great amount) as Maher, take not the least bit of it back; would you take it wrongfully without a right and (with) a manifest sin?-04/20
And how could you take it (back) while you gone in unto each other, and they had taken from you a firm strong covenant?-04/21
Sure Talaq says:
O prophet saw! When you divorce women, divorce them at their Iddah, (prescribed periods), and count (accurately) their Iddah (periods). And fear Allah 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 Allah. And whosoever transgresses the set limits of Allah, and then indeed he has wronged himself. You (the one who divorces his wife) know not, it may be that Allah will afterwards bring some new thing to pass (i.e. to return her back to you if that was the first
Then when they are about to fulfill their term appointed, either take them back in a good manner or part with them in a good manner. And take for witness two just persons from among you (Muslims). And establish the witness for Allah. That will be an admonition given to him who believes in Allah and the last Day. An whosoever fears Allah and keeps his duty to Him, He will make a way for him to get out (from every difficulty).-65/02
And He will provide him from (sources) he never could imagine. And whosoever put his trust in Allah, and then He will suffice him. Verily, Allah will accomplish his purpose. Indeed Allah has set a measure for all things.-65/03
And those of your women as have passed the age of monthly courses, for them the Iddah (prescribed period), if you have doubts (about their periods) 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 deliver (their burdens), and whosoever fears Allah and keeps his duty to Him, He will make his easy for him. -65/04
That is the command of Allah, which He has sent down to you, and whosoever fears Allah and keeps his duty to Him, He will remit his sins from him, and will enlarge his reward.-65/05
Lodge them (the divorced women) where you dwell, according to your means, and do not treat them in such a harmful way that they be obliged to leave. And if they are pregnant, then spend on them till they deliver. 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)-65/06
Let the rich man spend according to his means, and the men whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what he has given him. Allah will grant after hardship, ease.-65/07
And many a town (population) revolted against command of its Lord and His messengers, and we called it to a severe account (i. e. torment in this worldly life), and shall punish it with a horrible torment (in Hell, in the hereafter).-65/08
So it tasted the evil result of its disbelief, and the consequence of its loss (destruction in this life and an eternal punishment in the hereafter).-65/09
Allah has prepared for them a severe torment. So fear Allah and keep your duty to Him, O men of understanding who have believed! Allah has indeed sent down to you a Reminder (his Quran).-65/10
(And has also sent to you) a Messenger (Mohammad saw), who recites to you the verses of Allah (the Quran) containing clear explanations, that He may take out, those who believe and do righteous good deeds from the darkness (of polytheism and disbelief) to the light (of monotheism and true faith). And whosoever believes in Allah and performs righteous good deeds, He will admit him into Gardens under which rivers flow (paradise), to dwell therein forever. Allah has indeed granted for him an excellent provision.-65/11
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