Chapter of Divorce

CHAPTER Wife's Release against Payment (Khu/') A wife's release against payment is the wife', separa tion from h hl15band in , ,turn for remuneration paid to the husband, and it is effected through a certain sp d.,.;,.bl", obligatory or prohibited So, il ca n involve any of the 11"" rulings Divorce i!i permissible when th husband needs it becaus.t of his wife's ill (onduct, the harm cau$(d 10 him by k«ping hi wife, and the non-fulfillment of marriage by keeping her ofth d iVQTct i d etestable if there i no need for it, a when there i no problem the married couple; some s.cholars deem it prohibited in such a cu • According to the prepo nderan t view, divorce i p" rm is.sible with detestability in this cue, for the Prophet (P BUH ) says: "Th mOST lawful act in th Sight of Alklh is diWJrce,·' (Related by Ab" Dlw(\d and lb n M1jah, and the Inen ofit5 chain of transmitters ne tru stworthy) VI[ DIl;QRCl! In thi.! l!adith, the Propnct (PBUH) refm to divoru as lawful tbough it i.! detMahle in th e Sight of Allah, indicating its detestabili ty-based permissibility In this caSl: The reaSOn for its dctesu,bility in th i' case is that it puts an end to a marriage that fulfi1l5 Ihe lega lly desired interestS On Ihe other hand, divorce txcomes desirable if the wife suffers harm during her marital life, such 1.$ when there is diw-ension bttwttn her and her husband or when shoe dislikes him In this Ca$oe, malntaining the marriage mo , harm I(lthe wire, while !he Prophet (PBUH) says: "Ont sho"ld nor hllrM o/hus I"IOr should one S«k bultfit for ontstlf by causing harm /0 others." Divo= beandennl view in this '"'8'o'rd Ibn Taymiyah (may Allah haw mercy on him) llid, tlot wift rommits od"lury, it i$ I"lOl for the hurMMd /0 kNp hn Olher .re, Itt 1$ comide.w 11 cwdcold.'" Similarly, if the husband i.I neither righteous our upright concerning religion, it iJ obligatory for the wife 10 nk for divorce, or separa te from him by release agaInst rem uneration (khul ") h is nOI for the wife to Itly with him as long as he Is negligent of his religious duties If the hl15band hu sworn not 10 haw saual intercourse with his wik and then the waiting period of four monlM pilS$tS and he $Iill ref"mes !O so and expiate IOr bis oal h, il iJ obligatory for him !O diVOf"(c t ,r, and he must be forced 10 00 so This is b«auu ADah, I'.nJted be He, sa)'$: «For thOH II'hOlwtll r1101 to h,1't '"lUll rtllltloll' wi rh their w/w:s Is, waitlllg Hme offour monlhs, but I/thq return (Io nOnllll1 ""wHon.) - thtn /lIdud, Alwh /J Forgiving "Md Merciful And 1/ /hty dt( ldt on di'O'(Jra - tht ll indud, AI/"h /.0 Htllrillg and Knowing." (Qur'in: AI-Baqarah: 226·227) It is prohibiled for lhe husband to divorce h is wife while she is in heT Imnses during hu period of confinement, duri ng her swe of major ritual mrmln,aations) in which he has aln:ady puriry (ie.the period bet_n the had lUual inlcn:ou.rw with her The husband is also prohibited to divorce his wife thrice at a time, as will point out won in detail, Allah willing VII, DIVORCE when il C()f11otS to ttu, child's rdigion, Ihe child follows Ihe ITligion of his paten For example, if a Christian man ma rries a polythei$1 woman or vie( verMl, Ihe ch ild follows Ch ri$tianity Yet, th e chil d followli hi s mother cerninl:\ fr«dom or slavery except when th ere is a previous condition or a ki nd of deception H owever, AfleT this qukk illustration oftk I.lamic rulings on the establishment of palernity and verifkation of "'" realize the keen interest of Isbm ID protm and verify p«ople'$ as IhelT ue con$Cq\ICnt inteRS!$, such as mainlaining the lies of kinship, inheritance, guard ianship and th e like Allah, Enlt ed be He, says: "0 mankind, Ind"d We h "" created YO" from m/ll, "nd jtttwle "nd m"de you peopl" and ,.i/la th"t you may know one allo/heT lndud, th" most nobl, of )'011 in th, light of Allah Is the most riglt/nJIU of yo" Indurl, Allah Knowing and A'Illlllintrd.M (Qur'ln: Al-Hujurit: Il) of the iMage is nOllntended for bua$tfulnn.s and chauvinism known during the Pre- isJamic Period of Ignorance (Ihe loihili)'Yllh) Rl1ther, it ms I1 cooperafion, maintaining the blood ties and being merciful towardoi one another May Allah guide liS all to what He likts and pleases Endnotes I Al-IluWr1 (21 18) 1415191100 M irn (3600) [5Jt79] CHAPTER Waiting Period The waiting ""nod i$ a """,le of divoru", and il a ltplly sprc iCoed p«iod of wailing afln divor« The proofs of the waitlng.,mod are from tM NOOIe Qurln the Su"mrJr (Prophetic Tradition) and the Const:nrus ofMwlim scholars Ill proofs in the Noble Qu.lo, All ah, Exalted be He, say" -Divorced wom.n ",",,/n ill , tIWnl (j.e" no/ r"marry) for periodl AI.Baqarah: 228) He alw $a)'$; "'icHt '''''''''g ,.,u, -A d tIrnM: om no ",lIP' n/Wct mnut ., ,ell - if 1011 dOflb/, IMIf puiod i, ,Itn, '''tu ,"olltl., ,,/'Id /alsD for/ I""",,, ''"0 MW "ot "" ".stTlUltN Alld fo , re PrYJfUlltt, ,lld, le"" I, ulllil theY,,\I£ birtlr (Q url n: 4) VII: DIVORCE This concerns Ihe cases of separal ion bdWffn wife Ind husband in li fe However, concerning Ihe case of the death of the hu,\)and, Allah , E.r.altC1l He, says: 1/wR "re 11'"" in 1'1It""! YON tuld wivQ' "'hind - thcy {thc "';w" shll11] "",it!llUr monu" alld tCII/d4y,r (Qur'An; AI-Baq"uh: 234) The proof deri'ltd from the SII"""" is the /!4dlth narnllro on Ihe aUlhority o f ' A'ishah (may Allah be pleased with her) who $aid: "&lr/rah IVIIS ordered (by the Prophet) 10 COllnl Ihru monlhly periods as a aIling f/friod."' (Rdatcd by Ibn Mljah) There are other hadi,h, indica ting the same legal ruling As for the wisdom bdlirl Mot mmstruatcd yet, is Ihree momhs·" As for the woman who reached the age of puberty but has not menstruated yet, her waiting period is to be the same as the menopausal who have woman, as she is induded in the verse: _ alld (also for] no' _'" (65: 4) \\/hen the menopausal divorce., and thm if silt menstruatn again she is 10 observe a wailing per iod ofthl'« memtrual., riods However, if she does nO! menstruate, she is to observe wailing period of one year just as the woman who dDe§ not know the ClIUst that pn:vents her menstrual p