A Few Masâ’il related to Divorce

Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

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.

October 10, 2010

The Detestation of Divorce

Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. It is mentioned in a Hadîth that of all the permissible actions, divorce is the most detestable in the sight of Allah Ta’âlâ. The meaning of this is that divorce has been permitted at times of necessity. However, when there is no need, it is extremely detestable. The reason for this is that the purpose of marriage is to foster mutual understanding, mutual love, and comfort for the husband and wife. Divorce wipes out all these factors, shows ingratitude to the favours of Allah Ta’âlâ, the husband and wife become distressed, and it results in mutual enmity. Based on this, it also results in enmity towards the wife, her family and her relatives. As far as possible, one should never ever intend to divorce one’s wife. In all their dealings, the husband and wife should try and accommodate each other and live with love for each other. However, if there is no way that they can live together, there will be no harm in divorce. Understand this well.

October 8, 2010


Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

The Rights of Parents
1. You should not cause them any harm even if they commit any excesses.
2. Respect and honour them in your speech and dealings with them.
3. Obey them in permissible acts.
4. If they are in need of money, assist them even if they are kâfirs.
5. The following rights are due to parents after their death:
(a) Continue making du‘âs of forgiveness and mercy for them. Continue sending rewards to them in the form of optional acts of worship and charity on their behalf.
(b) Meet their friends and relatives in a friendly way and also assist them wherever possible.
(c) If you have the finances, fulfil their unpaid debts and the permissible bequests that they have made.
(d) When they pass away, abstain from crying and wailing aloud or else their souls will be troubled.
6. According to the Sharî‘ah, the rights of the paternal and maternal grandparents are similar to those of the parents and they should be regarded as such.
7. Similarly, the rights of the maternal and paternal uncles and aunts are similar to those of the parents. This has been deduced from certain ‘Ahâdîth. (Rasûlullâh sallallâhu ‘alayhi wa sallam said: “The maternal aunt has the status of one’s mother.” – Tirmidhî)

October 6, 2010

The Method of Bringing up Children Part 3

Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

41. Teach them the etiquette and manners of eating, sitting and standing in gatherings. We will now enumerate a few of these etiquette:

The etiquette of eating
1. Eat with the right hand.
2. Read Bismillâh in the beginning.
3. Eat the food that is in front of you.
4. Do not commence eating before others.
5. Do not ogle or stare at the food.
6. Do not look at those who are eating.
7. Do not eat very quickly.
8. Chew the food well.
9. Do not take another morsel as long as the morsel that is in your mouth is not chewed and swallowed.
10. Do not allow the gravy and other liquids to drip onto the clothes.
11. The fingers should not be allowed to become too messy.

October 4, 2010

The Method of Bringing up Children Part 2

Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

21. As far as is possible, make him learn under a religious-minded teacher.

22. Don’t ever allow him to absent himself from going to madrasah.

23. Set aside certain times in which you narrate stories of the pious to him.

24. Do not allow the child to look at books that contain love stories, stories that are contrary to the Sharî‘ah, stories that are obscene or that have no benefit, love poems, etc.

25. Give them books that cover the different aspects of the Dîn, and books that cover the necessary aspects of this world.

October 2, 2010

The Method of Bringing up Children Part 1

Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

It should be borne in mind that the bringing up of children in the proper manner is of prime importance. This is because whatever good or bad habits they learn in their childhood, they do not leave them for the rest of their lives. From the time of infancy till they reach maturity, the following matters should be strictly adhered to:

1. Ensure that the child drinks the milk of a pious, religious woman. Milk has a great effect in the life of a person.

September 30, 2010

The Method of Living with one’s Husband

Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

It should be understood well that the intimacy and contact between husband and wife is such that they will have to live together for the rest of their lives. If they love each other and are compatible to each other, then there is no greater bounty than this. And if, Allah forbid, there is conflict between the two, then there is no greater calamity than this. Therefore, as far as is possible, live with his heart in your hands and carry out your duties through the mere indication of his eyes. If he orders you to tie your hands and remain standing the entire night, then the prosperity of this world and the hereafter is in this that you bear this minor difficulty of this world and thereby attain the prosperity and success of the hereafter. Never do anything that is contrary to his mood. If he regards the day as night, you should also do the same.

September 28, 2010

The Rights of the Husband

Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

Allah Ta‘âlâ has given great rights to the husband and has attached a lot of virtue to him. Pleasing the husband and keeping him happy is a great act of ‘ibâdah and displeasing him or keeping him unhappy is a major sin.

1. Rasûlullâh sallallâhu ‘alayhi wa sallam said: “The woman who offers her five times salât, fasts in the month of Ramadân, protects her honour and respect, and obeys her husband has the choice of entering jannah from whichever door she wishes to enter from.” This means that from the eight doors of jannah she can enter through whichever door she wishes without even having to knock on that door.

September 26, 2010

The Custody of Children

Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. The husband and wife have been separated, divorce has taken place and they have a small baby. The mother of the child has the right of custody over the child. The father cannot take this child away. However, the father will have to pay for all the expenses that will be borne in order to bring up the child. If the mother does not take the child, and instead, gives it to the father, he will have to take it. The mother cannot be forced to keep the child.

September 24, 2010

Legitimate Offspring

Bahishti Zewar, Fiqh, Part 4-Nikah (Marriage) in Islam

1. When a married woman gives birth to a child, that child will be attributed to her husband. It is not permissible to say that this child is not her husband’s and that it is someone else’s merely on a doubt or suspicion. It is also not permissible to refer to such a child as being illegitimate. In an Islamic state, such a slanderer will be whipped.

2. The minimum period of pregnancy is six months and the maximum period is two years. In other words, a baby remains in the womb of a woman for a minimum period of six months. It cannot be born before this period. The maximum period it can remain in the womb is two years and not more than this.

September 22, 2010