Hafsah radiyallâhu ‘anhâ


Bahishti Zewar, Fiqh, Part 7 - Lives of Pious Women and Characteristics of Women, Women & Family

She is the wife of Rasûlullâh sallallâhu ‘alayhi wa sallam and the daughter of ‘Umar radiyallâhu ‘anhu. On one occasion, Rasûlullâh sallallâhu ‘alayhi wa sallam had issued one divorce to her. Thereafter, upon the instruction of Jibra’îl he revoked this divorce. Jibra’îl had spoken in her favour in the following way: “You should revoke the divorce which you issued to her because she fasts abundantly, engages in a lot of ‘ibâdah at night, and she will be your wife in jannah.” She had made a bequest to her brother ‘Abdullâh bin ‘Umar to give a certain amount of her wealth in charity. She had also made a plot of land waqf for Allah Ta’âlâ. She had also made a bequest in this regard. Her first husband’s name was Khunays bin Hudhâfah.

March 27, 2011

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

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

‘Iddah after Talâq


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

1. When the husband divorces his wife or their nikâh is annulled through khula’, zihâr, ’îlâ’ or any other way, or the husband passes away – then in all these cases the woman has to remain in a house for a certain period of time. As long as this period does not expire, she cannot go to any other place nor can she marry another person. Once this period expires, she can do whatever she wishes. This period of waiting is known as ‘iddah.

August 10, 2010

Zihâr or Likening the wife to one’s mother


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

1. A person says to his wife: “You are equal to my mother.”,”To me, you are equal to my mother”, “According to me, you are equal to my mother”, “According to me, now you are similar to my mother or like my mother”. In all the above cases, look at the intention of the person and what did he mean by these words. If he meant that she is similar or equal to his mother in respect and piety or that she is absolutely old just like his mother, equal in age to her, etc. then there will be nothing wrong in saying all these things and no rule will be enforced. Similarly, if he did not intend anything at the time of uttering these words or did not mean what he said but merely blurted these words out, even then no rule will be enforced.

August 2, 2010

Khula or Divorce at the instance of the wife


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

1. If it is not possible to bring about any conciliation between husband and wife and the husband even refuses to divorce her, it is permissible for the wife to give some money or her mahr to her husband and tell him to let her go in exchange for that money. Alternatively, she could ask him to let her go in exchange for the mahr that he is still owing her. In answer to her request, the husband says: “I let you go.” In saying so, one talâqul bâ’in takes place. The man does not have the right to keep her back or to revoke his divorce.

July 31, 2010

Îlâ’ or Taking an oath on not going to one’s wife


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

1. A person takes an oath and says: “I swear by Allah that I will not engage in sexual intercourse”, “I swear by Allah that I will never have sex with you”, “I take an oath that I will not have sex with you.” Alternately, he takes an oath that is similar in meaning to the above-mentioned oaths. The rule with regard to this is that if he does not engage in sexual intercourse with her, talâqul bâ’in will take place on the expiry of four months. Without remarrying, they cannot live as husband and wife. But if the husband breaks his oath within four months and has sexual intercourse with his wife, divorce will not take place. However, he will have to pay the kaffârah for breaking his oath. In the Sharî‘ah, such an oath is called ’îlâ’ (which literally means “oath”).

July 29, 2010

Revoking a Talâqur Raj’î


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

1. When the husband issues one or two divorces that are raj’î, he has the choice or right to revoke such a divorce before the expiry of the wife’s ‘iddah. In such a case, there is no need to renew the nikâh. The woman has no choice in this matter – he can revoke the divorce irrespective of whether she agrees or not. But if he issues three divorces, he has no choice of revoking the divorce as explained previously.

July 27, 2010