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Real Truth about Divorce!!

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  #1 (permalink)  
Old 24th June 2000, 01:27
bornagain bornagain is offline
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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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  #2 (permalink)  
Old 4th March 2003, 08:36
Mujer Mujer is offline
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she must marry another man?
why is that?
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Old 4th March 2003, 17:35
anisa22 anisa22 is offline
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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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Old 4th March 2003, 20:10
Star Star is offline
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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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Old 5th March 2003, 13:38
Mujer Mujer is offline
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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.
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Old 5th March 2003, 14:29
anisa22 anisa22 is offline
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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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