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

‘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