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 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

Feeding and Clothing the Wife


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

1. It is wâjib on the man to provide his wife with food and clothing. Irrespective of how rich the wife may be, the responsibility of feeding, clothing and providing shelter to the wife rests entirely on the shoulders of the husband.

2. If the nikâh has been performed but she has not gone to live with her husband as yet, she can still claim for the food and clothing. However, if the husband wished to take her to his house and she did not go or was not sent by her parents, then as long as she does not go, she will not be entitled to ask for any food or clothing.

September 18, 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

Kaffârah


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

1. The kaffârah for zihâr is the same as that which was mentioned for fasting. There is no difference between the two. We have mentioned these masâ’il in detail in Part Three of Bahishti Zewar. Please refer to them. A few necessary matters which were not mentioned previously will be mentioned here.

August 4, 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

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

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