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

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

Mourning for the Dead


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

1. When a woman has been issued with a talâqur raj’î, her ‘iddah is that she cannot leave her home until the expiry of the period of ‘iddah nor can she marry anyone in this period. It is permissible for her to beautify and adorn herself.
As for the woman who has been issued three talâqs, one talâqul bâ’in, or her nikâh has broken in some other way – the ruling in all these cases is that such a woman cannot leave her home until the expiry of her ‘iddah, she cannot marry anyone in this period nor can she beautify or adorn herself. All these things are harâm upon her. Abstaining from this self-beautification and remaining in a dishevelled and unkempt manner is known as mourning.

September 16, 2010

Iddah after Death of the Husband


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

1. A woman’s husband passed away. She must now observe the ‘iddah for four months and ten days. She must live in the house in which she was staying at the time of her husband’s death. It is not permissible for her to go out of that house. However, if a woman is very poor and does not have the resources to lead a normal life, and she takes up a job of cooking for someone or takes up some other similar job, it will be permissible for her to leave her house. However, she will have to spend the night in her home.

September 14, 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

Disappearance of the Husband


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

When a woman’s husband disappears or goes missing and it is not known whether he is alive or dead, then such a woman cannot enter into a second marriage. Instead, she should remain waiting in the hope that her husband will return. When she remains waiting until such a time that her husband must have reached 90 years of age, we will give the ruling that he must have passed away by now. Based on this, if a woman is still young and she wishes to remarry, she must wait until her husband’s age must have reached 90, thereafter she must complete her ‘iddah, and then she can enter into a second marriage. However, the condition for this is that the ruling that her first husband must have passed away by now will have to be passed by a Shar’î judge.

August 8, 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

Divorce issued by the Sick


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

1. While a person was sick, he divorced his wife. Prior to the expiry of her ‘iddah, he passed away. This wife of his is entitled to receive her share of inheritance from the wealth of her husband. This is irrespective of whether he issued one divorce, two or three divorces. And irrespective of whether he issued talâqur raj’î or talâqul bâ’in – she is still entitled to receive her share of the inheritance. If the husband dies after the completion of her ‘iddah, she will not receive any inheritance. Similarly, if the husband does not die from this illness, but recovers and then falls ill again, even then she will not receive any inheritance. This is irrespective of whether she had completed her ‘iddah or not.

July 25, 2010

Issuing Three Talaqs


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

1. If a man issues three divorces to his wife, she becomes completely haram for him. Even if they renew their nikâh, it will be harâm for this woman to live with him. This nikâh will not be valid irrespective of whether the three divorces were issued in clear terms or in vague terms. If a woman who has been issued three divorces wishes to live with her first husband and wishes to remarry him, there is only one way in doing this. That is, she will have to marry another person, engage in sexual intercourse with him, and when he dies or divorces her, she must complete her ‘iddah. Upon completing her ‘iddah, she can remarry her first husband. Without marrying a second person, she cannot remarry her first husband. If she marries a second person, but he passed away before he could engage in sexual intercourse with her or divorced her before engaging in sexual intercourse with her, then this will not be considered. She can only marry her first husband when her second husband has intercourse with her. Without this intercourse, she cannot remarry her first husband. Understand this well.

July 21, 2010

Divorce after the bride’s departure from her parent’s home


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

After the bride’s departure from her parents’ home, the bride and bridegroom met in privacy and also engaged in sexual intercourse. Thereafter, if the husband issues one or two divorces in clear terms, talâqur raj’î will take place. If he utters the divorce in vague terms, talâqul bâ’in will take place. In talâqur raj’î he will have the choice of going back to his wife, while in talâqul bâ’in he will not have the choice. However, if he did not issue three divorces, they can re-marry within her ‘iddah (if both of them wish to remarry) and after the expiry of the ‘iddah as well. But if she wishes to marry another person, she can do so only after the expiry of her ‘iddah. But it should be borne in mind that the ‘iddah is necessary in all forms of divorce. As long as the ‘iddah has not expired, a second or third divorce can also be issued.

July 19, 2010