A Few Masâ’il related to Divorce


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam / Sunday, October 10th, 2010

1. When it becomes necessary to issue a divorce, there are three ways in doing so: (a) the most preferable method, (b) a good method, (c) a bid’ah and harâm method.

The most preferable method: is that the husband issues one divorce to his wife while she is pure, i.e. not experiencing hayd or nifâs. A further condition is that he must not have engaged in sexual intercourse with her in this entire period of her purity. He must not issue any other divorce till the end of the expiry of her ‘iddah. The moment her ‘iddah expires, the nikâh will come to an end and there is no need to issue any further divorce. This is because divorce has only been permitted at the time of extreme need. Accordingly, there is no need to issue several divorces.

The good method: is that the husband issues three divorces over a span of three periods of her purity. In addition to this, he should not engage in sexual intercourse with her during these three periods.

The bid’ah and harâm method: is that which is contrary to the above two methods, e.g. he issues three divorces in one sitting, he issues a divorce while his wife is in her hayd, he issues a divorce in her period of purity but he had already engaged in sexual intercourse with her in that very period of purity. In all these cases, although divorce will take place, he will be committing a sin for adopting such methods.

Understand all this very well. All the above situations (i.e. all the three methods) apply when sexual intercourse with the wife has taken place or they have at least met in privacy and solitude (the details of which have been mentioned in the relevant chapters). If they did not engage in sexual intercourse or did not meet in privacy and solitude, the rules are mentioned in the next mas’ala.

2. Once nikâh has been performed with a woman but they did not engage in sexual intercourse as yet, it is permissible to divorce such a wife irrespective of whether she is in her hayd or not. However, he should issue only one divorce.

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