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Real Truth about Divorce!!
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Abdurahman and Nur,
Since when did you become self professed scholars? Making up your own religion as you go along. Is this another kind of Islam, the one that you try to sell to the West the DIY cut and chop and prune and take away the bad type. Divorce in Islam is made very easy. By uttering the phrase, "You are divorced," the divorce takes place. In part 7, page 145 of al-Bukhari we read, " A man can suddenly tell his wife, 'I am not in need of you.' Then the verdict is to be given according to his intention." Most often, that wife would need his support and help, but that is no concern of Islamic law as long as the man does not need that wife. Thus, the Qur'an says: "It is no sin for you if you divorce women" (Sura 2:236). Let us listen to the al-Bukhari as he explains to us (Part VII, pages 145-146) how this easy divorce takes place: "If a man says to his wife, 'Go to your family,' then his intention is to be taken into consideration. Or if someone says to his wife, 'If you become pregnant, then you are divorced thrice'; then, if her pregnancy becomes apparent, she will be regarded as divorced irrevocably! If he wants her back she must marry another man first. In his book, "Asbab al-Nuzul" (p.46), the Suyuti states that this woman came to Muhammad and told him: "'Abdul-Rahman (the Muhallil whom she wed after she was divorced) has divorced me without having any sexual intercourse with me. May I go back to my ex-husband?' Muhammad said to her: 'No, that is not permissible until Abdul-Rahman has sex with you first, then you may go back to Rafa'a. The marriage of woman to her man is not substantive. It is precarious. For example if the father of the husband orders his son to divorce his wife, he must do so. (TR. P 440) 'If the husband divorces (his wife) after two divorces then she is not Halaal for him after the third divorce'.(Jalaalain p.34) Explaining the above verse, Abu Bakr Jassas Razi (Rahmatullaahi Alaihi), an expert in Jurist, states in Ahkaamul Qur'an: If both Talaaqs are given together, both will be effective and this is clearly indicated in the Qur'an. (Vol. 1 page 387) Abu Bakr Jassas Razi (Rahmatullaahi Alaihi) further explains: (Upon issuing the third divorce), she (the wife) will not be permissible for him (the husband). There is no difference whether the (divorces) were given in one Tuhr (clean period) or two different Tuhr (clean periods). The ruling will apply with regard to the issuing of all three divorces in which ever way the husband had issued them'.(ibid). He also states that it is proven from the Noble Qur'an, Sunnah and consensus of pious predecessors that the giving of three Talaaqs simultaneously is effective. Allama Alusi (Rahmatullaahi Alaihi) states: (And this ruling) upon which the people of Haq (Truth) today have opposed all of that (three Talaaqs being one). ( Ruhul Maani Vol. 2 p.13) While a detailed explanation from authentic Tafseer could be given pertaining to three Talaaqs being effective in one sitting, in the interest of brevity, we will substantiate the same from the Ahaadith of Rasulullah (Sallallaahu Alayhi Wasallam). Hadhrat Ali (Radhiallaahu Anhu) reports that when Rasulullah (Sallallaahu Alayhi Wasallam) heard one person giving his wife three divorces, Rasulullah (Sallallaahu Alayhi Wasallam) became angry and said: You are making a mockery of the verses of Allah and the Deen of Allah. Whosoever gives his wife a terminating divorce, we will make three binding on him. His wife will not be Halaal for him until she does not marry another husband.' (Darul Qutni Vol.4 p.20) If three Talaaqs given together were regarded as one then the Prophet (Sallallaahu Alayhi Wasallam) would not have got angry. He would not have said, 'We impose three Talaaqs on him'. He did not even ask if the Talaaqs were given in one sitting. This Hadith is clear in that three divorces given together will be three divorces and not one. It is reported from Mahmood Ibn Labid that Rasulullah (Sallallaahu Alayhi Wasallam) was informed of a person who had given his wife three divorces at once. Rasulullah (Sallallaahu Alayhi Wasallam) stood up in the state of anger and said, 'Are you playing with the Aayats of Allah and His Kitaab whilst I am among you.' A person stood up and said, 'Oh Rasulullah! Should I not kill him?' (Mishkaat Vol2 p.284) This Hadith too is explicit that three Talaaqs were given together; therefore Rasulullah (Sallallaahu AAlayhi Wasallam) got angry. If three Talaaqs were one, Rasulullah (Sallallaahu Alayhi Wasallam) would not have become angry. The Sahaaba also understood from Rasulullah (Sallallaahu Alayhi Wasallam) that three Talaaqs were valid and that is why one Sahaabi even asked for permission to kill the person who gave his wife three Talaaqs. Islam treats women as a piece of object and nothing more as seen above. In the Kash-shaf (the revealer) of al-Zamakhshari (Vol. 1, p. 525), we read the following, "On the authority of Muhammad (peace and blessing of Allah be upon him), he said: 'Hang up your scourge in a place where your wife (or wives) can see it. Also, on the authority of Asmaa the daughter of Abu Bakr El Sedik: "I was the fourth wife (among four) of al-Zabayr Ibn al-Awwam. Whenever he became angry at one of us he struck us with a hook rod until it was broken." In Chapter 38:44, the Qur'an declares that God has commanded righteous Job to beat his wife. We read: "And (it was said unto him), 'Take in thine hand a branch and smite therewith and break not thine oath."' All Muslim scholars agree on the exposition of this verse. Both Jalalan (page 383), and Baydawi (page 604) say: "When Job's wife was slow (to do something for him) one day, he swore to scourge her one hundred times. God told him, 'Do not break .... oath, but take a bundle of grass in your hand or rods to beat her up with."' The Jalalaan say that Job took one hundred sticks and scourged her once. The Baydawi says that Job's wife's name is Liyya, daughter of Jacob or Rahmeh, daughter of Aphraim, son of Joseph. Who among us would believe this ridiculous story of the Qur'an about Job, the righteous man, who was famous for his patience? Who among us would believe that God encouraged him to beat his wife with a bundle of grass or sticks so that he would not break his oath? The Torah certainly does not say this!!! What a disgraceful and degrading thing a temporary, contractual marriage is for a woman! This is something which Muhammad made lawful according to all the scholars and chroniclers without exception. What an insult to a woman whom Muhammad stripped of her humanity and dignity in order to become a mere instrument for man's enjoyment! Can contemporary Muslim scholars who would die defending Islam answer this specific question and tell us why Muhammad allowed men to have sexual relationships with women merely for the sake ofenjoyment? According to Muhammad's statement, it could be for some money, or a dress, as Muhammad said to his followers, then he could desert her, leaving her without any rights. What is the difference between this and adultery and debauchery? Could Muhammad and the scholars solve this problem by calling it a temporary marriage or marriage of enjoyment? Muhammad made it lawful for his followers at first, then prohibited it! Then he made it legal again! Therefore, as soon as he died, the most famous Muslim scholars and relatives of Muhammad (such as Abdulla Ibn -Abbas and Ibn Mas'ud) made it lawful It was also in practice during the era of Abu Bakr and Umar, as is recorded in Sahih Muslim. You have to ask yourself the serious question, does Islam really treat women with dignity and honour as above statements don’t see to point to that? bornagain |
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she must marry another man?
why is that?
__________________
Just 'cuz I'm a freak don't mean that we could hit the sheets. Baby, I can see that you don't recognize me. I'm Shock-G, the one who put the satin on your panties~2paC |
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thats exactly what i was thinking... its so illogical. if you wanna get remarried, why do you have to have married someone else first? say you got doiivorced, and then realised you had made a mistake a few months down the line and wanted to get back together again for the sake of your family. would that mean you would each have to marry someone else, get divorced and then remarry after that? it makes no sense to me.
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Prophet Muhammad (pbuh) said, "of all things permitted by law, divorce is the most hateful in the sight of Allah (Sunan Abu Dawud).
I think Islam strongly emphasises Divorce - only as a last resort. Hence the Quran outlines various procedures one must go through before deciding upon divorce. I think too often ppl in today's society do not appreciate the significance of divorce - it has become almost too easy an option. In the Quran, we are told that after the "third" time when you have pronounced divorce - then you should not immediately reconcile.. Now to follow this through - you've taken all the time required, you've sought reconciliation... then you've decided upon divorce - three times - and this isn't supposed to be three times in one go - this is meant to imply on three separate occasions... THEN and only then does the divorce become permament so to speak... surely because we know this (this encourages us to see the act of divorce as no light matter - this is no "trial separation") - then we won't make such a decision in haste... That's purely my own understanding - so may be incorrect.. In any case this is a clear instruction from Allah(swt) in the Quran... so doesn't matter if we see the logic or not - BUT in all things ordained by God - there is logic, whether we realise it or not |
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For the first time I agree with Star on what Prophet Mohammad (S.A.) had said, even though I don't like Star.
__________________
Just 'cuz I'm a freak don't mean that we could hit the sheets. Baby, I can see that you don't recognize me. I'm Shock-G, the one who put the satin on your panties~2paC |
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Star,
you have really cleared that up for me to a certain extent. it is a major decision and people should think about it before they say their final talaq. however, i still dont get the logic behind having to marry someone else first. maybe i should have blind faith, but i always have problems accepting something unless i know the reasoning behind it. i just gotta learn that there arent always answers to everything i suppose! |
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