Divorce is a rupture of relationship with the wife, expressed verbally or in writing, or familiar to the mute. Islam views marriage as a contract life together, which only in extreme cases can be interrupted by divorce.
Marriage should provide peace, security and stability for both spouses and their future children. Islam calls divorce the most hated act of Allah from those that are allowed by Him. This is stated in the hadith of the Prophet (peace and blessings be upon him): “The most hateful thing that is permitted to Allah Almighty is divorce”(Abu Dawood, Ibn Maja). This is the very last step, a procedure that is resorted to only after all attempts to reconcile the spouses are in vain.
If a dispute arises between a husband and wife that they cannot resolve on their own, representatives of the families of both spouses should intervene in order to bring them to reconciliation, since Allah Almighty commands in the Qur'an (meaning): “If you fear discord between them (spouses), then send to them a just representative from his family and her family. If both of them (i.e., the representatives of the parties) desire reconciliation (them), then Allah will reconcile them. Indeed, Allah is All-Knowing, All-Aware.”(Sura An-Nisa, verse 35).
Divorce is condemned, because through it the virtues of marriage are lost, the family breaks up. However, considering that sometimes divorce is inevitable if marriage causes suffering to spouses or for other reasons, such as the refusal or inability of the husband to provide for the family, the insanity of the spouse, the potency of the spouse or the shortcomings of one of the spouses that prevent family life, etc., the Creator showed mercy to His servants and allowed divorce, without linking it to any punishments.
Many people do not know the injunctions regarding divorce and pronounce divorce words when they please and how they want, not paying attention to when, how many times and in what form it is permissible, and then they realize their mistake and haste and subsequently run from the imam to imam in search of different ways for reconciliation. In order not to end up in such a situation, a Muslim in the matter of divorce and other Sharia issues must adhere to the boundaries established by the Creator and not cross them.
The Holy Quran says (meaning): “... These are the decrees of Allah, and whoever transgresses the decrees of Allah, he acts unjustly towards himself ...”(Sura At-Talaq, verse 1).
Divorce involves saying aloud words that directly or indirectly indicate divorce. It makes no difference whether this happens in front of witnesses or not, whether the wife heard these words or not, such as the word “talaq” (divorce), i.e., it means the pronunciation of this particular word in different expressions, such as: “I I give you a divorce” or “you are divorced”, etc., or a similar phrase.
Conditions for pronouncing a divorce
Since divorce is a break in relations with a wife, there are conditions for this that must be observed during a divorce, i.e. when pronouncing the word “talaq”, and after a divorce, namely:
First. It is not permissible to give a wife a divorce during her menstrual cycle. If a husband divorces his wife by saying divorce words during the period when she is menstruating, then he commits the forbidden.
If, despite the prohibition, the husband gives a divorce, then it is considered valid.
Second. If a husband has had sexual intercourse with his wife after the end of her period, then it is forbidden to give her a divorce. The husband should wait until the completion of a new cycle of menstruation, however long it may last. After the completion of this cycle, he, without sexual intercourse, can give her a divorce. If, despite the prohibition, the husband gives a divorce, then it is considered valid.
Third. It is undesirable to declare a divorce more than once at once. Divorce should be limited to a single divorce, as this allows the husband both to achieve what he wants and to get his wife back if he changes his mind within the set time (iddah). If he immediately gives his wife a threefold divorce, then he will not be able to unite with her until she marries another and has intimacy with him, and only after a divorce from him or his death can she remarry her first husband.
It is desirable that the length of time between each occurrence of the words of divorce correspond to the monthly cycle of the wife, i.e. after each time she completes her monthly discharge, the pronouncement of one divorce.
It is undesirable to say: "You are divorced twice" or "you are divorced three times" or: "you are divorced, you are divorced, you are divorced."
Allah Almighty has said in the Quran (meaning): “O Prophet! When you (i.e. Muslims) want to divorce your wives, then divorce according to the prescribed period, keep track of this period (in case they return them back) and fear Allah, your Lord (obey His commands and prohibitions) ... "(Sura At-Talaq, verse 1).
In this verse, in the words of the Almighty “according to the established period”, it is meant that the pronunciation of the words of divorce occurs after each time the spouse completes her monthly discharge, and she can perform obligatory prayers.
Once a man approached the Messenger of Allah (peace and blessings be upon him) and said that he had divorced his wife, announcing the divorce formula to her three times at once. The Prophet (peace and blessings be upon him) became angry with him and said: “You are playing with the Book of Allah! I am among you."
fourth. The need for a woman to observe the iddah. Iddah after divorce is the period of time during which a woman after a divorce does not have the right to remarry if her husband had sexual intimacy with her.
Fifth. The prohibition of a wife for a husband in the event that he gave her a divorce once or twice, and then did not return her to his wife, stating this out loud before the end of the iddah, i.e. did not return her with the words: “I return you to myself in wife" or "I return you" during the period of iddah, until the expiration of which she has no right to marry another.
sixth. The prohibition of a wife for her husband in the event that he divorced her three times. It makes no difference whether the husband said the divorce words three times at the same time in one place or between each of his wife's menstrual cycles once, or he said it once, with the intention of giving a final divorce three times. In this case, she becomes forbidden to her husband until she enters into a legal marriage with another man and sexual intercourse takes place between them. And if, for any reason, they divorce, then after that, observing all the conditions, such as the completion of the iddah time, making a new nikah and paying the mahr, etc., the former husband can take her again as his wife.
Allah Almighty says about this in the Quran: “If he gave her a divorce (for the third time), then she is not allowed to him after, until she marries another husband (and intimacy occurs between them), and if he (whom she marries) gives her a divorce, then there is no sin over them (meaning on her and her first husband) that they will return to each other (i.e. to married life) if both of them think to fulfill the decrees of Allah. These are the ordinances of Allah, which He makes clear to people who know.”(Sura Al-Baqarah, verse 230).
Thus, the Creator made the wife forbidden to her husband, who divorced her three times until she was married to another.
This is because in the early years of Islam, wives were divorced an unlimited number of times and returned again.
And Allah Almighty sent down the following verse (meaning): “Divorce (after which you can return your wife) is allowed twice, after which you must either keep your wife on reasonable terms (without harm in relation to her), or let her go kindly ...”(Sura Al-Baqarah, verse 229).
Thus, the Almighty limited the number of divorces, which protected women from the arbitrariness of their husbands, because the husbands will know that if he utters divorce words for the third time, then he no longer has the right to return her to his wife until she waits the time of iddah after his divorce, then she will marry another, enter into sexual intercourse with him, and if they divorce for any reason, she will again wait for the time of iddah after her second husband, and only then does she become permissible for him to marry her again once.
If, when making a marriage contract (nikah), before the person whom she marries after a divorce from her first husband, put a condition and say: “When you have sexual intercourse with her, you will divorce her” or “... she is not your wife after that ”, then such a condition makes this nikah invalid.
But if at the conclusion of the marriage contract the conditions for divorce are not stipulated, then such a nikah is considered valid, even if they divorce immediately after sexual intercourse, but this is undesirable. You should know that after the first and second pronunciation of the word “talaq”, the wife has the right to maintenance and housing from her husband during the period of iddah.
If, after the first or second pronunciation of the words of talaq, before the expiration of the iddah, the husband did not return her to his wife, as mentioned above, then they can reunite (without the need for her to marry another), updating the entire nikah process, observing all its initial conditions. This is possible if, during a divorce, the word “talaq” (i.e. divorce words) is pronounced only once or twice together or separately, and at the same time the spouse, uttering the words talaq once or twice, does not mean by this a threefold divorce (talaq) . If the spouse utters the word "talaq" three times, or, having said it once, intends to divorce three times, then the marriage is completely dissolved. After that, according to Shariah, spouses can no longer remain husband and wife. However, they have the right to start a family again in the future, subject to the aforementioned conditions.
Note. Any family that finds itself in a pre-divorce or post-divorce situation should consult the Ulamas and Imams who understand these issues, and, after weighing again, decide whether to resort to such a serious remedy as divorce.
Love and sex in Islam. Part Eight: Divorce. [Islam]
Divorce Rules According to Shariah
The word talaq means 'untying a knot', 'solving a problem', and is used in the Shari'ah to announce divorce.
Allah Almighty prescribes: "O Prophet [and his community], when you give a divorce to wives, then divorce them at the time fixed for them [purification after three menstrual periods], and count the time, and fear Allah, your Lord! .." (1:65). And in the 34th verse of sura 4 it says: "... And if they obey you, then do not look for a way against them - truly, Allah is exalted, great!"
Divorce Terms
Based on the prescriptions, men need to have very good reasons in order to take advantage of Allah Almighty's permission to divorce. In addition, one must always remember that even a permitted divorce does not please Allah at all. Moreover, playing with the word "divorce" and then repenting, or using Sharia permission to please your ambitions, is like playing with fire or throwing a double-edged sword over you. In order to protect family happiness, Allah Almighty has established forms of punishment for those who use the dangerous word talaq (divorce) without thinking about the consequences.
To declare a divorce, you must have a valid marriage certificate, performed in accordance with all the rules. In Islam, only those Muslims who have entered into a marriage according to Sharia, that is, have made nikah, are considered husband and wife. There can be no talk of any talaq if this condition is not met.
A man has the right to declare a divorce if he has reached the age of majority (has the right to nicknames) and is in a state of legal capacity.
A desirable action in Islam is a divorce from a scandalous woman who does not fulfill any mandatory condition of Shariah. For example, it is not a sin to divorce a woman who does not read the obligatory prayers. If a man cannot fulfill his male duties due to sexual impotence, then at the request of his wife, he is obliged to give her a divorce. If the husband said “insha Allah” when announcing the divorce, then this will not be considered talaq, even if he spoke with the intention of divorce and even if he gave his wife the mahr due to her.
Divorce according to Sharia is allowed only if there are good reasons for this. In such cases, according to the Sunnah, the husband is recommended to announce the first talaq to his wife after the menstruation is cleared, before the resumption of marital relations, if the husband and wife had intimacy before.
Types of divorce
1. At-talak ar-raj "i - preliminary divorce. This type of divorce does not violate the existing nikah and suggests the possibility of resuming marital relations at any time during the iddah period (three menstrual periods), the consent of the wife is not required for this. If a man does not reconcile with his wife during the iddah period (see below), then their nikah will be canceled, as the preliminary divorce will develop into a full one, and a new nikah will be needed to resume marital relations. "or" You are free. "You can write the same thing to her on paper and let her read it. If, while saying or writing these words, openly pointing to a divorce proposal, a man did not intend to divorce, then it will still be considered that at-talak has been announced ar-raj" and.
According to all four madhhabs, with such a talaq, the husband has the right to resume marital relations at any time during the period of abstinence - iddah. At the same time, there is no need to make a new nikah.
According to the Hanafi and Maliki madhhabs, it is enough to say: “I am returning to the former nikah”, there is no need to call witnesses for this. According to these madhhabs, it is allowed to simply silently hug your wife, or kiss her, or make it clear in any other way about returning to the former nikah.
According to the Shafi'i and Hanbali madhhabs, when returning to the previous nikah, it is necessary to announce this in the presence of two witnesses. In this case, there is no need for the presence and consent of the woman's guardian.
2. At-talaku al-baa "in - complete divorce: This type of divorce is announced by the husband with the intention of completely breaking off marital relations. If the husband decides to give his wife a complete divorce, then it is enough for him to tell her in any form or make it clear that she free. If the iddah period passes in the state of at-talaku al-baa "in, then the husband is not allowed to enter his wife's room, and according to Sharia, the wife is forbidden at this time to preen, seduce her husband, since a new nikah is needed to resume marital relations.
A full divorce can also occur when the wife asks for a divorce in exchange for an appropriate ransom by mutual agreement in accordance with the Shariah. Usually this ransom does not exceed the amount of the preliminary and subsequent mahr agreed upon at the conclusion of the nikah. This type of divorce also occurs when the husband announces a third full divorce to his wife, after two preliminary divorces without resuming marital relations, or if he announces a threefold divorce to her at once.
A husband who did not have sexual intercourse with his wife and announced the first talaq to his wife immediately divorces her, since in such cases the very first announcement of a divorce qualifies as a complete divorce. There is no need to observe the iddah term. A man must immediately pay his wife half the mahr, and according to Sharia, a woman is allowed to marry another person on the same day.
After the announcement of the first or second at-talaq al-baa "in, a small divorce (al-baynunatu-s-sugra) occurs. A small divorce is not final in the sense that after the first or second full divorce, the spouses can resume their relationship by concluding nikah immediately or after some time. If at-talaku al-baa "in was announced three times or announced once, but in a categorical form, indicating a simultaneous three-time full divorce, then this type of divorce is the last and is called al- bainunatu-l-kubra.
After that, the renewal of nikah becomes impossible, no matter how much both parties want it. However, Sharia provides for this possibility (see below).
3. At-talaku-s-salasiy - the third type of divorce. This is the final divorce. If a man announces to his wife in a clear and categorical manner that he has divorced completely three times or more, then the final divorce can be considered valid. The husband can declare talaq three times in a row; or he may say to his wife: "I release you three times"; or announce one time three times at different times. In any of these cases, after the third divorce, at-talaku-s-salasiy comes into force.
After this form of divorce (declared three times), a man can marry the same woman according to Sharia only after the hullah procedure.
This means that a woman can return to her former husband only after she marries another man and divorces him.
Return to the former husband will be permitted after all four preconditions have been met:
The term of the iddah has been observed;
Nikah concluded with another man;
Divorced after being in a marital relationship with him;
A new iddah period has been met.
Despite the fact that Allah has given men the right to divorce, He, praise be to Him, also prescribed for them this complex procedure for returning a wife so that women do not turn out to be toys in their hands. Given the highly difficult process returning to the house of a divorced wife, any man will think a thousand times before giving a divorce to his beloved woman, the mother of his children. Therefore, divorces are so rare in Muslim families. Pious Muslims do not even stutter about divorce without a good reason, given the great danger of going through the process of hullah.
In the book of Muhammad Maukufati, it is said that it is preferable to declare the first divorce after the wife has been cleansed of menstruation, without resuming sexual relations with her. During the first period of abstinence (iddah), it is impossible to declare a second talaq. Having waited for the second purification, the second talaq is announced, and only after the third purification - the third.
Imam Ibn-i Abidin (1198-1252 / 1784-1836) writes that it is forbidden to declare three or two talaqs in a row or at different times during one purification.
An unlawful innovation, and therefore a sin, will be the announcement of talaq after sexual intercourse with the wife after purification, as well as the announcement of talaq during menstruation. A husband who announced talaq to his wife during menstruation or postpartum hemorrhage should immediately repent to get rid of sin, and, if the intention to divorce was firm, declare this to her after cleansing from bleeding.
After the period of abstinence (iddah) has elapsed, the temporary divorce becomes complete. If the husband clarified the intention of a complete divorce when announcing talaq, then at-talaq al-baa "in will arise, that is, nikah will be violated. A new nikah can be concluded only after the iddah period. But after the announcement of any talaq three times to make a new nikah with an ex-wife a hullah procedure is necessary.As already mentioned, for a new nikah with an ex-wife with whom a man divorced three times, it is necessary that she marry another person and have with him
proximity.
If during nikah as mahr (see section "Nikah") less than the amount of the minimum mahr, which is equal to the value of 33.6 g of silver (or 4.8 g of gold), was given to the wife, then the guardian may at any time apply for the dissolution of such a marriage .
Divorce can happen both before the wedding and before the wedding night for several reasons: a) if the husband immediately gives a divorce after nikah;
b) if the husband becomes an apostate;
c) if the husband is caught in an intimate relationship with his wife's mother or daughter.
This divorce is called firkat. In this case, the husband will have to give half of the mahr to his wife. If the wife is at fault for the divorce (for example, she becomes an apostate or is caught having an intimate relationship with her stepson), then the husband does not pay the mahr, and if the mahr has already been paid, then it must be returned in full to the husband.
The book "Nigmat-i Islam" by Muhammad Zihni (d. 1332/1914) says: "If a husband announces to his wife, with whom he was in marital intimacy, about a divorce in a completely clear, open form, then immediately there will be one at-talaku ar -raj" and. If a husband says to his wife's father: "I refuse your daughter. Let her marry whomever she wants"; or when the wife asks for permission to go for a walk, and the husband says to her: "Did I tie you up? Go, you are free," or says to her: "Our nikah is gone," or "The road is open, go to all four directions," - if such expressions were spoken without the intention of divorce, then talaq does not arise. Talaq will not arise even in the case when the husband addresses his wife with the words: "Mother, my daughter, sister." But if he says to his wife: "From now on, be my sister," then there will be one at-talaq
al-baa"in".
If, when declaring one of the two varieties of talaq to the wife, their number was not said (or will not be shown on the fingers), then it is considered that one talaq has been declared. If at the same time the number 3 or more was said or indicated, then it will be considered that the divorce took place upon the announcement of three talaks.
In the book Majmuat-uz-Zuhdiyya, Ahmad Zuhdi Pasha (d. 1319/1901) writes: “Talaq is the untying of a knot. When at-talak al-baa” is announced, nikah immediately ceases to be effective. In this case, the husband cannot resume marital relations during the iddah period. When at-talaku is announced, ar-raj "and nikah ceases to be valid after the expiration of the iddah period (the husband can resume marital relations with his wife before the expiration of this period at any time). Nikah becomes invalid if any of the spouses deliberately deviate from the faith ( becomes an apostate) and the announcement of a divorce in this case will have no effect.(Hence, if the spouses divorced
after the termination of the nikah for this reason, then for a new nikah they need to re-accept Islam. The need for hull in this case disappears)".
After the announcement of the divorce, the husband is obliged to ensure the full maintenance of his wife throughout the entire period of iddah. This includes providing her with food, clothing and housing.
What is iddah
The term 'iddah is used to refer to the period of time specified in the Holy Qur'an during which a widow or divorcee
a woman who has been married to her husband cannot remarry. The iddah period is necessary to determine
possible pregnancy and subsequent paternity. It was established by Allah Almighty to protect the rights of women and children. Quantity
days of the iddah period may be more or less depending on the condition of the woman at the time of the divorce. For example:
If a woman was pregnant before the divorce or before the death of her husband, then the iddah ends after childbirth;
If a woman was not pregnant before the death of her husband, then for her the iddah ends after 4 months and 10 days;
For a divorced non-pregnant woman, the iddah ends after three times of purification (after three menstrual periods);
For divorced women who are free from menstruation, the iddah ends after 3 months (it must be remembered that when mentioning days, months,
years in Islam are counted according to lunar calendar. The number of days in a year according to the lunar calendar is 11 days less and is 354 days).
During the entire 'iddah period, a woman should not leave her husband's house day or night. The husband (if he is alive), in turn, is obliged to support the divorced wife all this time. According to the Hanafi and Hanbali madhhabs, this period of time is calculated from the beginning of the first purification to the beginning of the fourth. According to the Shafi'i and Maliki madhhabs, it ends after three purifications.
If the divorce was final (at-talaq al-baa "in), then the husband is forbidden to enter the house (apartment, room) where the wife observes the iddah period. If the divorce was announced less than three times, then at the end of the iddah period, the husband is allowed to conclude a new nikah with this woman.
Muhammad Kok-Koz
The undesirability of divorce
The Prophet (peace and blessings of Allaah be upon him) told his followers: “Of all the permissible actions, divorce is most hated by the Almighty” (Abu Dawud). A Muslim is not recommended to divorce his wife just because he no longer likes her. The Prophet Muhammad (peace and blessings of Allaah be upon him) said: “It is not permissible for a believer to be unkind to
believer. If he hates evil in her, then let him be satisfied with what is good in her "(Muslim). The Prophet (peace and blessings of Allaah be upon him) also emphasized that the best of Muslims is the one who is best for his wives. "Those who believe, the best those who manifest their faith in a manner are those who have a gentle disposition, and of these the best are those who are kind to their wives "(Tirmidhi). However, Islam is a practical religion, and it does recognize that there are circumstances when the preservation of a marriage impossible In these cases, good advice and control
over themselves cannot solve the problem. What to do to save the marriage in such cases?
The Prophet Muhammad (peace and blessings of Allaah be upon him) instructed Muslims to avoid using extreme measures except when the wife commits a clear abomination. Even in these cases, the punishment should be light, and if the wife obeys, then the husband has no right to terrorize her. "If they commit a clear abomination, you can leave them in their beds and assign them a light punishment. If they become obedient to you, then do not look for ways against them and do not bother them" (Tirmidhi).
Further, the Prophet (peace and blessings of Allaah be upon him) condemns all unjust physical punishment. Some Muslim wives complained to him that their husbands beat them. Hearing about this, the Prophet (peace and blessings of Allaah be upon him) categorically declared: "Those who beat their wives are not among the best among you" (Abu Dawud). And we must also remember that on this occasion the Prophet (peace and blessings of Allaah be upon him) also said: "And the best of you is the one who is the best for his family, and I am the best among you for my family" (Tirmidhi). A woman named Fatimah bint Qays was advised by the Prophet (peace and blessings of Allaah be upon him) to marry a man known for beating his wives: "I came to the Prophet and said, 'Abul Jam and Mu'awiya are seeking my hand.' The Prophet said : "Muawiya is poor, and as for Abul Jam, he beats women" (Muslim).
For a wife whose husband is characterized by bad behavior that poses a threat to marriage, the Qur'an gives the following advice: spouses] - better"
(4:128). In this case, the wife should seek reconciliation with her husband (through relatives or without him).
It is important to note that the Qur'an does not advise the wife to resort to two measures - to refuse intimacy or to use physical force. Some Islamic theologians have proposed the use of such measures against the husband by the wife. Thus, it was proposed to first exhort the ill-behaved spouse, then forbid him to visit his spouse at night, and, finally, subject him to a symbolic beating.
Statistics have established that among everyday tragedies leading to heart attacks, divorce is in second place after the death of a spouse. On the contrary, those who, having entered into marriage, have lived in it all their lives, have the greatest life expectancy. It is no coincidence that a surprisingly large number of centenarians crossed the centennial milestone along with their wives. "Men, don't get divorced. It's dangerous for your health," they advise
Swiss doctors. They found that divorced men are much more prone to cardiovascular disease than single women. An analysis of the documents of insurance companies allows doctors to assert that divorced representatives of the "stronger sex" are more likely to have mental disorders and suicide attempts. And single people end up in hospitals 8 times more often than married people.
Summing up, it should be said that Islam offers married couples experiencing difficulties and stress in marriage the most practical advice to save the marriage. If one of the partners undermines the marriage, then the other is advised, in accordance with the Qur'an, to do everything possible to maintain the sacred bonds. If none of the methods leads to a result, then the spouses are advised to part amicably
and peacefully.
The three religious systems differ strikingly in regard to divorce. Christianity completely denies divorce. New Testament unconditionally insists on the indissolubility of marriage bonds.
This attitude is based on the words of Jesus (peace be upon him), who said: “But I say to you: whoever divorces his wife, except for the guilt of fornication, gives her a reason to commit adultery, and whoever marries a divorced woman commits adultery” (Gospel of Matthew, 5 :32).
Such an uncompromising ideal is, without any doubt, unattainable. He assumes so high level a moral perfection that human communities are unlikely to ever achieve. When a married couple realizes that family life failed, ban
Divorce doesn't lead to anything good. Forcing such couples to continue living together against their will is not only inefficient, but also unwise. It is not surprising that the whole of Christendom eventually won permission for divorce.
Judaism, on the other hand, allows divorce without any reason for it. In the Old Testament, a husband is given the right to divorce his wife if he simply does not like her: "If anyone takes a wife and becomes her husband, and she does not find favor in his eyes, because he finds something nasty in her, and writes her a bill of divorce, and give it to her, and let her go out of his house, and she will go out of his house, go and marry another husband, and this last husband will hate her, and write her a bill of divorce, and give it to her, and let her go from his house, or this last husband of hers, who took her to be his wife, dies, then her first husband, who let her go, cannot take her again as his wife, after
how defiled it is: for this is an abomination before the Lord, and do not profane the land, which the Lord your God is giving you as an inheritance.
(Deut. 24:1-4).
The above verses have caused considerable debate among Jewish theologians, who have had different interpretations of such words as "unpleasant", "obscene", "disgusting" mentioned in them. The Talmud reflects these different points of view: "The Shammai school is of the opinion that a husband should not leave his wife until he discovers her guilt in sexual relations, at the same time, according to the teachings of Hillel, it is believed that he can divorce her, even if she just broke a dish in his house, Rebbe Akiba says that divorce is possible if the husband finds another woman more beautiful than his wife" (Gittin, 90 a-b).
The New Testament adheres to the Shammaite school, while the Jewish laws are based on the opinion of the followers of the Hillelite school and Rabbi Akib.
As the Hillelite view prevailed, the unbreakable tradition of the Jewish right to give a husband the freedom to initiate a divorce for no good reason prevailed.
The Old Testament not only gives a husband the right to divorce a "disliked" wife, he considers divorce from a "bad" wife the duty of a man:
"A bad wife brings humiliation, downcast eyes, hurts the heart. The hands fall and the knees of a man weaken, whose wife is not able to give him joy. A woman is the source of sin, and through her we perish. Do not store water in a bad vessel and do not allow a bad wife to lead whatever she wants to say. If she rebels against your will, give her a divorce and send her away from you" (Ecclesiastes, 25:25).
The Talmud points to those special actions that a woman can commit and after which the husband is obliged to give her a divorce: "If she ate in the street, if she drank greedily in the street, if she breastfed in the street - in each case, as Rabbi Meyer says she must leave her husband" (Gittin, 89a).
The Talmud also recommends divorce from a barren wife (who has not had children for ten years): "Our rabbis teach: if a husband takes a woman as his wife and has lived with her for ten years, and she has not conceived, he must give her a divorce" (E ., 64a).
Wives, on the contrary, according to Jewish law, cannot be the initiators of a divorce. A Jewish wife, however, may apply for the right to divorce before a Jewish court if she has good reasons for doing so. There are few of them. These grounds are as follows: the presence of a physical handicap or a skin disease in the husband, or the impossibility of the husband to fulfill his marital duties, etc.
The court may uphold a woman's request for a divorce, but cannot dissolve the marriage. Only her husband can dissolve her marriage by issuing her a bill of divorce. The court can condemn, impose a fine, take into custody, issue a public censure in order to force him to issue the required bill of divorce to his wife. However, if the husband is stubborn enough, he may refuse to give his wife a divorce, and she will be related to him. Worse, he may leave her without granting a divorce, and she will be left with an unclear status: unmarried and undivorced. The husband has the right to marry
on another woman, or to cohabit with an unmarried woman without performing a wedding ceremony and to have children by her, who, in accordance with Jewish law, will be considered legitimate. An abandoned wife, on the other hand, cannot marry another person while she is married before the law, and cannot cohabit with another man, since in this case she will be considered an adulteress, and her children from this relationship will be considered outlaws for ten subsequent generations. .
A woman in this position is called "aguna" ("bound"). In the United States today, according to approximate data, there are up to one and a half thousand such women, and in the so-called state of "Israel" there are about 16 thousand of them. Husbands are able to extort thousands of dollars from their "bound" wives in exchange for a bill of divorce under Jewish law.
Islam, compared with Christian and Jewish laws, takes a middle position regarding divorce. Marriage is sacred in Islam and cannot be dissolved without good reason. Spouses are instructed to use all possible means to save the marriage if there is a danger of its breakdown. Divorce is not rejected if there is no other way out.
Islam recognizes divorce as a last resort, but encourages everyone to avoid it possible ways. Islam recognizes the right of both spouses to end marital relations. Islam gives the husband the right to divorce (talak), and, unlike Judaism and Christianity, gives the wife the right to dissolve the marriage through a procedure known as hula (need: hul’).
If a husband divorces his wife, then he has no right to reclaim the gifts given to her as a wedding gift. The Qur'an forbids husbands who divorce their wives from demanding back wedding gifts, no matter how expensive and valuable they were: take none of this [wealth]. (4:20).
If the wife wants to dissolve the marriage, then she can return the wedding gifts to her husband. The return of the wedding gifts in this case is compensation for the spouse, who would like to keep her with him while she left him.
The Qur'an teaches a Muslim not to take back gifts given to his wife, except if she herself is the initiator of the dissolution of marriage: "A divorce is announced twice, after which it is necessary either to keep the wife in a good way, or to let her go in a worthy manner (that is, without It is not permissible for you to withhold anything from a gift [as a mahr] unless both parties fear that they are violating the laws established by Allah. And if you fear that your husband and the wife of these laws, then they will not commit a sin if she redeems a divorce [at the expense of the mahr, stipulated in marriage]. These are the laws established by Allah. So do not break them. And those who do not observe the laws of the Almighty are wicked "(2 :229).
Once a woman came to the Prophet Muhammad (peace and blessings of Allah be upon him), seeking support in the matter of dissolution of marriage, and said that she had no complaints about her husband or his treatment. Her only problem is that she can no longer maintain the bonds of marriage with him. The Prophet (peace and blessings of Allaah be upon him) asked her: "Will you give him back his garden (given to her as a wedding gift)?" And she said, "Yes." The Prophet (peace and blessings of Allaah be upon him) ordered that man to take away his garden and decided to dissolve the marriage (Bukhari).
In some cases, a Muslim woman would like to save the marriage, but must demand a divorce for good reasons, which include the husband’s cruelty, leaving her without any reason, the husband’s failure to fulfill marital duties, etc. In these cases, the Muslim court dissolves the marriage.
In other words, in Islam, a woman is offered equal rights: she can terminate a marriage through the procedure of kula (it is necessary: hul’) and can achieve a divorce. A husband will not be able to tie a Muslim wife to himself with stubbornness. It was the presence of such rights in a woman that led to the fact that the Jews who lived in the early Islamic societies of the 7th century resorted to the help of a Muslim court in obtaining a divorce letter from their husband. The rabbis rejected the legitimacy of divorce letters obtained in this way and annulled their validity. In order to stop this practice, the rabbis gave new rights and privileges to Jewish women in an attempt to prevent them from going to Muslim courts.
Jewish women living in Christian countries did not acquire these privileges either, since the practice of divorce in the territories of the spread of Roman law was no more attractive to them than the practice of Jewish law.
To sum up, Islam offers couples experiencing difficulties and stress in their marriage the most practical advice to save their marriage. If one of the partners undermines the marriage, then the other is advised, in accordance with the Qur'an, to do everything possible to maintain the sacred bonds. If none of the methods leads to a result, then, according to Islam, the spouses are recommended to part amicably and peacefully.
"Righteous Muslim"
Actions close to divorce
In order to protect spouses from mistakes, consider some actions close to divorce.
Zihar is a husband's comparison of his wife with the body parts of a woman with whom he has no right to marry. Zihar occurs, for example, when a husband says to his wife: "You are like the back of my mother (or sister, etc.) to me." However, zihar does not occur when the husband compares his wife to the body parts of a woman with whom he is temporarily not allowed to marry (for example, if he equates him to his wife's sister). If the husband, with the intention of showing his respect, says to his wife: "You are like a mother to me," then this will not be considered zihar. But it is better to avoid such expressions.
Islam obliges the husband to give a ransom (kaffar) for zihar and, before paying it, made the wife forbidden to him, while it is not equated with divorce. Currently, as a ransom, the spouse must fast for two consecutive months. If a person, due to illness or old age, cannot fast, then he must distribute food to sixty needy in the amount of one mudd (about 600 g of wheat) each.
A vow is when a husband swears that he will not have sexual intercourse with his wife. If, for example, a husband says to his wife, "I will not approach you," then this vow is valid for four months. In this case, the spouse must return to a legal marriage if he does not wish to divorce or has uttered the above formula out of ignorance. If he has sexual intercourse with his wife at this time, then the vow he made becomes invalid, but the husband must make atonement (kaffara). If, within the above period, the spouse does not annul his vow and refuses to do so, then the wife can demand that the husband enter into an intimate relationship with her, or through the imam demand a divorce. If the imam makes a divorce, then the vow becomes invalid, while the husband again commits kaffara. In this case, one talaq raj "iy will occur (the first and second divorces, after which the husband has the right to return his wife without concluding a new marriage contract).
"Gift for newlyweds"
Wife's initiative
The wife has the right to demand a divorce from her husband if he does not fulfill his marital obligations, which the Shariah imposes on him. At the same time, she returns the mahr to her husband. Details of the process can be obtained from the local imam. However, it should be noted that in the hadith narrated by at-Tirmidhi, it is said that if a wife demands a divorce from her husband without reason, then she will not smell the smell of Paradise.
"Gift for newlyweds"
A husband can transfer his right to divorce to his wife in three ways.
1. Tafweed, irrevocable transfer. This method provides for the option of divorce, when the husband leaves the commission of this act to the discretion of the wife. For example, he tells her one of the following expressions: "Pick yourself up"; or "I leave the right of divorce to you"; or "If you want, you're free." From that moment on, the woman herself can decide on a divorce. A man will not be able to refuse his words. The woman, in this case, cannot free her husband by saying, "You are free." To make a divorce, she needs to say: "I liberate myself."
The book "Nigmat-i Islam" says: "If a man proposes to his wife to divorce "When she herself wants", then she will have the right to personally choose the time for divorce. That is, in this case, the husband's proposal is accepted literally. If a nikah sets a condition that he marries with the condition of reserving the right to divorce at any time of his own free will, and the man accepts this condition, then such a nikah will be considered valid, and the woman will receive the required right.
If the husband decides to delegate the right to divorce to his wife, saying: “You are free from our marriage whenever you want,” and the wife says in response: “I don’t need this right,” then the right to divorce will still remain with the wife and she can use it whenever he wants, by declaring a temporary divorce, which takes effect from the moment of the announcement.
The book "Fatava-i Kadykhan" by Fakhruddin Hassan ibn Mansur (Kadykhan; d. in 592/1196) says: "Abu-l-Leys-i Samarkandi writes that if, during nikah, the groom says to the bride:" I take as wife with the condition of transfer you have the right to a divorce", then it will be valid, but the wife will not receive the right to a divorce of her own free will. The wife can get the right to a divorce of her own free will if she says during nikah: "I will marry you on condition that the right to divorce is transferred to me" , and the groom will answer her that he agrees. This is because in the first case, the transfer of the right to divorce took place before the commission of the actual nikah."
2. Tavkil, trust. In this case, the husband may appoint his wife as his proxy for the divorce. This way of transferring the right to divorce differs from the first one in that the husband can at any time deprive her of the right to be his confidant.
3. Tamlik, the transfer by the husband of the right to divorce his wife through a third party or by letter. The wife, having received this message, will immediately receive the right to divorce. Tamlik also provides for divorce upon the occurrence of a certain reason, agreed upon by the husband, after which the wife will be divorced, as if the husband had declared her a temporary divorce. For example, if a husband says to his wife: "If I break (so-and-so), then you are free," then at the first violation of what was agreed, the wife will receive a temporary divorce. If, when warning his wife, the husband meant a complete divorce or he said to her: “If I violate (this or that), then let what is permitted (halal) become forbidden (haram) to me,” then a complete divorce will take place in case of violation.
Muhammad Kao-Koz
Resumption of marriage
Dr. Kardavi once had to face the following situation. A woman with four children loves and respects her husband, but he, having quarreled with her for some reason, gave her a third and final divorce. The divorced husband and wife wished to return to married life again, for which the wife entered into a marriage with a certain man for a period of a week, so that she had legal grounds to enter into a new marriage with her ex-husband, and thus return to him and her children.
The scientist analyzes the situation in order to answer whether such a marriage is legal, from the point of view of Shariah.
Yusuf al-Qaradawi:
Islam binds marriage with strong bonds, bases married life on a solid foundation of stability and on all the necessary conditions for its prosperity. For marriage, Islam creates a prelude, certain foundations and conditions that speak of the special place that marriage occupies before Allah.
For the dissolution of a marriage, Islam also creates a prelude, certain stages and conditions, the purpose of which, in their entirety, is to protect married life from destruction caused by manifestations of limited mind, rage and whims on the part of those people who are not aware of the full responsibility and seriousness of life. Therefore, the Prophet (peace and blessings be upon him) says that "the most hated kind of lawful to Allah is divorce." Also he (peace and blessings of Allaah be upon him) said: "Divorce your wives only because of bad temper." Here, "bad disposition" (riba) means its most extreme, unnatural form, which cannot be corrected, and in relation to which there is no strength and opportunity to be patient. We don't want to lengthen the subject with hadiths that denounce divorce and encourage a man to stay married to his wife even when he has a dislike for her. “And if they displease you, then perhaps something displeases you, and in this Allah has created great good for you” (4:19).
We will give a hadith, on the basis of which Islamic scholars concluded that a divorce made in a state of anger is not valid: "... a divorce given in anger is invalid." Under "anger" (iglaq) is understood the mental state of a person in which he commits unintentional actions. Ibn Abbas, called "the interpreter of the Qur'an", explains that "divorce (depends) on the purpose". In Arabic, "goal" (watar) denotes a plan with which a person's aspiration is connected, and for the implementation of which he seeks all the means available to him.
In the light of this important prophetic meaning, it becomes obvious to us that any divorce made as a result of an outburst of rage or a quarrel that has arisen has no effect - provided that the person has not previously associated his aspirations with him, has not conceived a divorce plan, previously preparing for its implementation. necessary conditions and prerequisites.
In this situation, we believe that if the reason for the divorce was anger, then the divorce is not valid. The wife is lawful for her husband. And there is no point in contemplating the use of forbidden means, circumventing the law to resume marital life, since it has not been interrupted and does not need to be restored. Accordingly, any such divorce that has previously taken place in the life of the spouses is not valid. If the previous two divorces were of the same kind, then they are not taken into account, and thus there was no divorce between the spouses.
Divorce could occur as a result of the condition set by the husband to his wife. For example, if a wife talks to such and such a man, or visits such and such a woman's house, or leaves the house, or does something, then she gets a divorce. If after that the wife spoke to him, or visited her house, or did what he forbade, then the divorce is also not valid. If the husband has taken an oath to divorce, then this oath is empty: it does not require the fulfillment of the promised or its redemption, and, accordingly, as a result of it, divorce does not occur.
Unfortunately, most cases of divorce that take place in the life of spouses belong precisely to this category of divorce, which in no way terminates the marriage union. Although we do not know the circumstances under which this imaginary divorce took place, nevertheless, we are inclined to believe that it refers precisely to the type of divorce that, from the point of view of Shariah, is not valid.
At the same time, we would like to find out from the spouses whether the divorce occurred during the menstrual cycle or during the intermenstrual period in which they had intercourse? If the husband divorced his wife during her menstrual cycle or during the intermenstrual period in which he had intercourse with her, then the divorce was made in violation of the Sunnah. A divorce that violates the Sunnah is not established by Islam, and a large number of Islamic jurists do not recognize it as valid.
We recommend that spouses analyze their imaginary divorce both this time and both previous times. Did the divorce in all these cases take place purposefully, that is, through an internal desire and after their situation was subjected to careful consideration, and attempts at reconciliation were unsuccessful, so that the need for a divorce became obvious. And if the issue of divorce was considered and a decision was made to divorce, was the divorce made in accordance with the Sunnah or in violation of it?
We must view their divorce through the prism of all of the above. If the divorce all three times occurred purposefully and in accordance with the Sunnah, then the wife receives a final divorce and the ex-husband has the right to enter into a new marriage with her only after she marries another man and receives a divorce from him.
As for the marriage entered into by a divorced wife with another man for the purpose that her first husband may marry her again after the divorce, it is forbidden and is equated with adultery. The Prophet (peace and blessings be upon him) cursed the second husband (muhallil), with whom a woman marries in order to divorce, and the first husband (muhallal lahu), for whose sake his ex-wife entered into marriage. A man who agreed to play the role of a fictitious husband in the comedic image of a mukhallil is called by the Prophet (peace and blessings be upon him) a "rented goat." Therefore, the brother who asked the question, like any other, is not allowed to commit this despicable offense.
If one of their divorces was in accordance with the Sunnah, and the other - in violation of the Sunnah, then it is necessary to recognize as valid only that divorce, the process of which was in accordance with the Sunnah. As for any other divorce, it should not be taken into account.
With all this, this issue contains many circumstances that are not clear to us, which does not allow us to give an unambiguous fatwa regarding their divorce. The only thing we can speak about unequivocally is the prohibition of marriage entered into for the purpose of remarriage of former spouses. Allah Almighty says: “And if a husband divorces his wife [for the third time], then she is not allowed to be his wife [again] until she marries another husband” (2:230).
Here Allah Almighty does not say: "until he marries another man." He unambiguously refers to him as "husband". And a man is called a "husband" only when he enters into a legal marriage, provided that he has the intention to enter into a permanent, non-temporary marriage union and realize in life the order of Allah Almighty: "And from his signs - that he is for you from Your spouse has created you yourselves, that you may live together..." (30:21). That is why the husband prepares the marriage gift, makes efforts to prepare the house for the future wife and everything else that is included in the concept of a real conjugal marriage, with which its purpose and aspiration are linked.
Of course, the husband who asked the question does not view his wife's second marriage in this way, since it is only a means for him to remarry his ex-wife. The discrepancy between this marriage and the established laws of Allah, as we found out, is an obvious fact.
pressing issues
I recently divorced my husband. We did it officially at the registry office, but there is still a kebin (marriage according to Sharia). What to do now?
If you decide to get a final divorce, then your husband must give you a divorce in accordance with Sharia law. Shariah divorce is done in the following way. The husband must utter words that clearly express his intention to divorce you, for example: “You are no longer my wife,” “I divorced you,” etc. It is desirable that two pious Muslims be present as witnesses. It is forbidden to declare a divorce to a wife who has her period or postpartum cleansing, as well as during a clean period in which physical intimacy occurred between the spouses. A woman can only remarry after a divorce after three months.
My beloved wife is not yet divorced from her ex-husband. Our marriage was concluded in a mosque, everything happened by the will of Allah, and we are both very glad that the Almighty sent us His mercy. How to be?
One of the mandatory conditions for the validity of a Sharia marriage (nikah) is that a woman should not be in another marriage at that time. Otherwise, the marriage is invalid. Therefore, a woman must first obtain a divorce from her husband and only then remarry. If, according to Shariah, she is divorced from her ex-husband, but their divorce has not yet been recorded in state bodies, then this circumstance does not invalidate your marriage.
Can a woman divorce her husband without his consent, and if so, for what reasons? How can she do it?
A woman, in accordance with Shariah, does not have the right to dissolve a marriage (nikah) herself. However, if there are reasons that violate her rights, a divorce can be announced by an imam or a Sharia judge. If there are no reasons for this, then the marriage is dissolved only with the consent of the husband.
However, according to the Hanafi madhhab, it is allowed to transfer the right to divorce to the wife at the conclusion of the nikah or some time after that.
In addition, if the husband or wife finds certain shortcomings in the spouse, then the imam has the right to dissolve the marriage at the request of the spouse.
These disadvantages include:
1. leprosy;
2. crazy;
3. castration;
4. impotence.
The reasons for divorce according to the Hanafi madhhab may include:
1. the disappearance of a spouse without a trace (on the way, in captivity, in prison);
2. hatred of spouses for each other, immorality;
3. serious illness, insanity;
4. excessive committing of sins, extravagance, stinginess, gluttony of one of the spouses, leading to a deterioration in the situation of the family;
5. infertility of one of the spouses;
6. misunderstanding of each other;
7. bad attitude of a husband to his wife or a wife to her husband;
8. shortcomings of one of the spouses that impede family life;
9. the emergence of obstacles to marriage (for example, it turns out that the wife is a milk sister). In this case, the marriage is automatically annulled;
10. Riddah (apostasy). In this case, the marriage is annulled, but if the former spouse returns to Islam during the iddah period (three monthly cycles), then the nikah is restored, and there is no need to read it again;
11. zina (adultery);
12. non-observance of the commands of Allah.
The wife also has the right to ask for an annulment if the husband is unable to provide her with material support. In all the cases mentioned, the imam, after contacting him, may terminate the nikah.
I have a happy family, a husband and two sons. Recently, my husband gave me a divorce, said the word talaq three times near my mother. He himself will not understand the reason, although he was sober. He still repents. We turned to the mullah, and he reread the nikah. Is it correct?
If a husband pronounces the word talaq three times, it is not considered a divorce. In order for the husband and wife to cease to be such, you need to say: "I announce you a talaq (divorce)", "three talaq (divorce)" or other formulas, such as: "you are no longer my wife", "you are free "- provided that the husband meant divorce by these words.
Also note that if a husband gave his wife a threefold divorce, then remarriage between them is possible only after the woman marries another man and then divorces him.
My husband drank alcohol for six months, he had binges. For this I cannot forgive him. Should I ask for a divorce?
You have every right to demand a divorce, but it should be your decision alone. To declare a divorce, you need to contact the imam of the mosque.
Is a divorce given to a pregnant woman considered valid?
Such a divorce is considered valid. Until the end of pregnancy, the husband is obliged to support his ex-wife, and she does not have the right to get married at this time.
One day my husband was very excited and gave me a talaq (divorce), but then immediately regretted it. After some time, history repeated itself: he again said "talaq", but soon regretted it.
1) Are his words considered a valid divorce announcement? If so, is it possible to continue living together or should I read nikah again?
2) If he now by mutual consent wants a divorce, will this be considered a final divorce?
After the announcement of one or two divorces (talak), the dissolution of marriage occurs after three monthly cycles of a woman. If at this time the husband declares that he does not want to divorce and wants to save the marriage, or enters into an intimate relationship with his wife, then the period of three monthly cycles is terminated, and the marriage is not considered dissolved. However, this talaq counts as one divorce and he is only entitled to the last of the three talaqs.
Therefore, if the husband declares talaq for you again, then this will be considered a final divorce.
In any case, when analyzing questions of this kind, direct communication with the alim is necessary in order to find out all the details and avoid mistakes.
Is a divorce considered valid from the point of view of Sharia if it is officially (in court) recognized, and the husband and wife have not lived together for a year. However, the word talaq was never uttered.
Shariah divorce does not count until the husband says to his wife "I declare you talaq" or words clearly indicating his intention to divorce his wife.
Is a wife responsible to her husband after a divorce? When the property was divided, she got most of it, since the child stayed with her mother.
After the divorce, the wife does not have any obligations to the former spouse. All costs associated with the upbringing and maintenance of the child must be borne by his father, whoever he entrusts. In other words, the father has the right to decide whether to leave the child with the mother or entrust his upbringing to someone else. At the same time, the father should be guided by the good of the child in all respects.
In the event that the child remains with the mother, the father is not obliged to give her a certain share of his property, but must provide his child and his mother with everything necessary.
I converted to Islam (glory to the Almighty) recently, and before that I professed the Orthodox faith. I got married as a Christian, both officially (in the registry office) and married in the church. 5 years passed, and my husband and I separated (officially). However, the Church did not debunk us. Now I am a Muslim woman and I am going to marry a Muslim man according to Shariah. Is my first marriage considered invalid in terms of Islam?
Your marriage with your former husband is considered invalid according to Shariah. You have the right to marry a Muslim. For our part, we wish you and your husband happiness in both worlds!
Is a divorce given in anger valid?
The vast majority of Islamic theologians believe that when a person is overcome by anger, in a fit of which he loses control over his actions, feelings and words, he is not responsible for his actions, oaths or words committed and uttered in such a state.
Regarding divorce in this state, scholars cite the hadith: "There is no divorce in closedness" (hadith from "Aisha; St. Kh. "the doors are closed" understanding, awareness, perception of what surrounds him.For example, if a person is forcibly forced, he loses his mind, is overcome by anger or is in a state of deep depression.
Some scholars, among whom were Ibn Taymiyyah and Ibn Qayyim, said that the criterion for "closeness" is what can be expressed by the words: "whether a man was going to divorce his wife." If he did not intend to, but unconsciously and unintentionally uttered the words of divorce, then he was in a state of "closedness", that is, his words do not have power and effectiveness. Also, the greatest imam of the Hanafi madhhab, Ibn "Abidin, said that "when a person in a fit of anger begins to get confused in words and actions, behave unnaturally, then his words and actions do not carry any meaning, like an unreasonable child who does this or that , but does it unconsciously. " One of our contemporaries, Yusuf al-Qaradawi, agrees with this opinion and comparison. The words of Ibn Qayyim will also be useful: "If a person, after he calmed down, regretted what he was told, this means that he had no intention of getting a divorce", that is, what he said in a fit of anger is not accepted and has no legal force.
Shamil Alyautdinov
By the will of fate, it fell to me to marry a drinking man. My father and I gave our consent to the marriage, without asking then his religiosity, morality and way of life, since we were attracted by his influence and wealth.
The bottom line is that today I already have children from him, but he, despite the past years, continues to behave as before. Whenever I try to reason with him, he begins to swear at me, and sometimes he says the words of divorce without realizing what he is saying, since alcohol has a strong effect on his mind. I thought these words didn't matter, because he was losing his mind like a lunatic. But some people have recently begun to tell me that such a divorce is valid even if the husband was drunk, because he clouded his mind of his own free will, and in this case the divorce is a punishment for him. And since the divorce was announced repeatedly, it becomes final.
This means that my house is being destroyed, the bonds of my family are broken, I will be forced to part with the children: they remain with their father, who will not be able to give them a decent upbringing.
What do you say about this? Is this opinion the final rule of Shariah? Or do you have a different opinion on this matter?
For a long time in Islamic law, there have been two approaches regarding the rules on divorce:
1) "Expanding" freedom of divorce. Among this direction there are scientists who declare the validity of divorce, even committed by the imbecile, and also acting under duress. There are also those who recognize divorce by mistake, absent-mindedly, in jest, and in a state of intense anger. There are scientists who claim that if a man mentally divorces his wife, then his divorce is valid, even if he did not say the word of divorce aloud. And therefore it is not surprising that there are those who recognize as valid a divorce committed by a man in a state of intoxication, due to the fact that he was plunged into a state of intoxication of his own free will.
2) Divorce restriction. According to this approach, a divorce will only be valid if it is made by a person with full knowledge and clear intention, along with other conditions.
At the forefront of this trend is Imam Bukhari, the author of a reliable collection of hadiths "Sahih", in which he singled out a chapter called by him "The chapter on divorce in a state of anger, coercion, intoxication, mental insanity (madness); on divorce, polytheism, etc., committed by mistake and forgetting. Here Bukhari considers that in all these situations the divorce is not valid, since the responsibility lies only with persons of sound mind, acting voluntarily, with firm memory and clear intent. In support of his position, Imam Bukhari cites a number of arguments.
1. Hadith: "Indeed, all deeds [are evaluated] according to intentions, and each person is rewarded according to his intentions..." A person who is not in his right mind, acting involuntarily, for example, crazy or drunk, has no intentions what he says or does. The same can be said about a person acting by mistake, forgetfulness, or under duress.
2. The Prophet (peace and blessings of Allah be upon him) did not punish his companion Hamza, who, in a state of intoxication, slaughtered two camels belonging to his nephew Ali. When the Prophet (peace and blessings be upon him) rebuked Hamza for this, he replied: "Who are you if not the slaves of my father ?!" If he had uttered these words sober, they would certainly have plunged him into unbelief. But the Prophet (peace and blessings of Allah be upon him) did not react to them, knowing that they were uttered by him in a state of intoxication. This indicates that the words of a person, spoken by him in a state of intoxication, for example, announcing a divorce, etc., have no force and no consequences.
3. Bukhari conveys the opinion of a companion of Uthman ibn Affan: "The divorce of a madman and a drunk is not valid." In addition, Ibn Abu Shaiba narrates from al-Zuhari: "One man came to Umar ibn Abdul-Aziz and said that he divorced his wife while drunk. Umar adhered to our opinion: punish a person for drunkenness and recognize the marriage as annulled. But Aban, son Uthman ibn Affan, stopped him, conveying to him the opinion of his father: "The divorce of a madman and a drunk is not valid." Then Uthman said: "Are you ordering me to do the opposite of what he told me from Uthman?" He punished him for drunkenness and not declared their marriage annulled.
4. Bukhari conveys the opinion of a companion of Ibn Abbas: "A divorce committed in a state of intoxication or under duress is void", that is, invalid, since a drunk person does not have a sound mind, and one who is under duress does not have choice and will. Ibn Hajar said: "A divorce made in a state of intoxication and under duress is invalid."
5. This is also the opinion of Ibn Abbas: "Divorce [depends] on the goal", that is, the divorcee should pursue the goal of divorce. But the drunk does not pursue such a goal, because he carries nonsense that he himself does not comprehend.
6. Opinion of a companion of Ali: "Any divorce is valid, except for a divorce committed by a mentally handicapped person." The category of "mentally handicapped" includes minors, mentally unhealthy and intoxicated. Al-Hafiz ibn Hajar (add) comments: most scholars recognize as insignificant the words spoken by a mentally handicapped person.
These arguments are brought by Bukhari to prove the invalidity of a divorce committed in a state of intoxication. The supporters of this position include a group of major early Muslim scholars, including Abu ash-Shasa, Ata, Tavus, Akram (need: Ikrima), al-Qasim, Umar ibn Abul-Aziz, Rabia, al-Lays, Ishaq, al-Muzaniy . The same opinion was preferred by al-Tahawi, who cited as an argument that they all unanimously considered the divorce of a mentally handicapped as invalid. And a drunk, he writes, is mentally handicapped because of his intoxication (this is quoted by al-Hafiz ibn Hajar in his book "Fatah", vol. 11, p. 308).
Imam Ahmad ibn Hanbal eventually also adopted this view. He (reported by 'Abdul-Malik al-Maimuni) said: "I have stated that a divorce made in a state of intoxication is valid. Having considered this matter deeply, I am inclined to believe that this divorce is invalid, because if a drunk person admits anything, he is not responsible for it, or if he makes a trade transaction, then it is considered void.
Ibn Qayyim writes that this opinion is shared by al-Tahawi, Abu Hasan al-Kurhi (Hanafi scholar), Imam al-Haramain (Shafi'i scholar), Ibn Taymiyyah (Hanbali scholar) and ash-Shafi'i.
Part of the Tabi'ins (contemporaries of the companions of the Prophet) considered a divorce in a drunken state to be valid. Among them: Said ibn Musayib (necessary: Musayab), Hasan of Basri (needed: Basri), Ibrahim, al-Zukhariy (needed: Zuhri), ash-Shabiy, al-Awzaiy, as-Sauriy, Malik, Abu Hanifa. There are two opinions reported from ash-Shafi'i, but the more reliable opinion is that he considered such a divorce to be valid.
Ibn Murabit believes: “If there is confidence that due to intoxication a person has lost his mind, then his divorce will not be valid. Otherwise, the divorce should be valid. what he says." There are different opinions on this matter, and we will return to this issue later.
The arguments of supporters of the validity of a divorce committed in a drunken state are as follows:
1. Divorce will be a punishment for him because he committed a sin of his own free will. Ibn Taymiyyah refutes this argument, noting that:
Q Sharia does not provide for this type of punishment, determining the validity or nullity of a divorce;
Q In this punishment, the wife also suffers, who is not guilty of her husband's behavior, as well as children (if any). Punishing an innocent person for the sin of another Sharia does not allow;
Q There is already a separate punishment for drinking intoxicants in Sharia, and applying additional punishment means violating the boundaries of Divine law.
2. A drunk person cannot be compared in terms of responsibility with an insane or sleeping person, the "recording" of whose deeds, in accordance with Islam, completely stops. A drunk, for example, is not relieved of responsibility for the sins committed, and he is obliged to fulfill the prayer, as well as other instructions.
Responding to these arguments, the scholar of the Hanafi madhhab at-Tahawi explains that the norms of Islam regarding people who have lost their mind do not differ depending on the cause of the clouding of the mind in the same way as there is no difference between someone who is not able to pray standing up circumstances depending on him (by the will of God), and those who cannot perform it standing due to their own fault. For example, if a person deliberately breaks his leg, he is nevertheless exempt from the order to pray standing up. In other words, he commits a sin by causing physical damage to his body, but this does not preclude the application of his norms, which were the result of his real inability to pray standing up. A similar situation will arise if he uses something that will lead him to lose his mind. He commits a sin by drinking alcohol in his right mind, but after losing his mind, the relevant Sharia norms still apply to him.
Imam Ibn Qudama gives another example: “If a pregnant woman hits her stomach and she has a miscarriage, she will still be removed from the obligation to perform prayer due to postpartum hemorrhage; or if someone hits himself on the head and loses his mind, any responsibility for future behavior.
Ibn Taymiyyah, who considers the actions of a drunk person (including his divorce) null and void, gives the following arguments:
1. Hadith (narrated by Muslim): The Prophet (peace and blessings of Allah be upon him) demanded to check the smell of the mouth of Maiz (need: Muiz) ibn Malik when he confessed to him committing adultery. The meaning of this test was that if at that moment Maiz (properly: Muiz) was in a state of intoxication, his confession would be invalid.
2. The worship of a drunkard, according to the Koran, the Sunnah and the unanimous opinion of scholars (ijma) is invalid. "And do not approach prayer when you are drunk until you can discern the meaning of your words" (4:43). If a person's worship is not valid due to his loss of reason, then his contracts and actions are all the more invalid. Indeed, in some cases, worship is accepted from those who do not have the right to conclude contracts due to the inferiority of the mind, for example, from minors or feeble-minded people.
3. The acceptance of words and contracts occurs with an indispensable condition for their subjects to have the ability to think sensibly and assess the situation. Sharia does not attach any importance to the words of people who do not meet these requirements. This is logical and is confirmed by other Shariah norms.
4. The condition for the validity of all contracts is also the intention, the goal. As it is said in the hadith: "Indeed, all deeds [are evaluated] according to intentions..." Words spoken without a specific purpose and intention due to absent-mindedness, accident or loss of reason? do not give rise to legal relations.
Taking into account these and the earlier arguments of Imam Bukhari, it becomes obvious that the correct opinion is about the invalidity of a divorce committed in a state of intoxication, due to a person’s lack of intention, awareness, and understanding of their behavior. This position is confirmed by the Koran, the Sunnah, as well as the words of two companions (Uthman and Ibn Abbas), for which there is no reliable refutation. This norm is also confirmed by the fundamentals and basic principles of Shariah. Finishing the presentation, it remains to decide what should be considered a state of intoxication. Ibn Murabit (as reported by Al-Hafiz) calls drunk one who, due to the use of alcohol, has lost his mind and the ability to assess the situation. But, according to the opinion of most scholars, as Ibn Qayyim writes, such a state is not decisive. Imam Ahmad ibn Hanbal and other scholars defined intoxication as a state when a person is confused in words, cannot distinguish his own things from others, his actions from the actions of other people.
Ibn Qayyim writes the following on this subject: "A reliable Sunnah directly shows us the landmarks. The Messenger of Allah (peace and blessings of Allah be upon him) ordered to check the smell from the mouth of a person who confessed to committing adultery, although he was of sound mind and memory, clearly and consistently stated Despite all this, the Prophet (peace and blessings be upon him) did not rule out the possibility that a person could be in a state of intoxication, which to a certain extent influenced his mind, and ordered to check the smell from his mouth. Thus, a divorce made by a husband in a state of intoxication, from the point of view of Shariah, is not valid. We ask Allah for forgiveness for the husband of the questioning woman who commits sins, and we ask for help for the sister in her difficulties. We ask Allah to give the rulers of Islamic countries help in the prohibition of the use of alcoholic beverages and punishment of those who use them or in any way contribute to their spread. Indeed, help and success is only from Allah.
Yusuf al-Qaradawi
To be continued
Love and sex in Islam: Collection of articles and fatwas. - M.: Ansar Publishing House, 2004. - 304 pages.
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Many couples test their relationship for years before entering into legal marriage. The decision is complex and responsible, and therefore you should never rush. However, by submitting an appropriate application to the registry office, future spouses are faced with an unpleasant discovery.
It turns out that in order to become legal spouses, must comply whole line formalities. What formalities and rules are we talking about?
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There are cases when employees of the instance go to meet future spouses. For example, if the bride is pregnant, the union is registered on the day the relevant paper is submitted. If there is a threat to the health or life of one of the members of the couple, early registration also occurs.
However, in most cases, the monthly period turns out to be an unbreakable rule. During this time, the spouses must weigh all the pros and cons of their union, making a final decision.
Where and when to apply for marriage registration?
In which registry office to apply for marriage?
Previously, it was possible to submit papers only to the authorities at the place of residence, but now the requirements have become a little softer. That is why future spouses can apply to any registry office in their city which they just love.
Moreover, there is even an opportunity to submit relevant documents to several instances. This is what couples do who want to get married on a certain date (for example, on the popular 12/12/12). Usually there are many applicants for beautiful dates, and therefore couples have to submit several applications at once.
When submitting certificates to several branches, the couple will have to pay several corresponding fees. If the application is submitted to 2 registry offices, then the fee must be paid twice.
You can submit the relevant documents on any convenient day, except Sunday and Monday. These days, registry office employees usually do not work according to the schedule. It is better to come to the relevant authorities in the morning, because during the day there is a huge queue.
The sooner the couple applies, the better. The fact is that all the people standing in line with future spouses are potential “rivals” for the most successful time of marriage.
All these couples will be assigned a wedding for approximately one period, and the newlyweds at the front of the line have the opportunity to get married at a better time (for example, in the morning) on a day convenient for them.
However, the most important thing in this matter is not the time for submitting documents, but the collection of all necessary papers. And with this question, certain difficulties may arise.
Application form and list of required documents
The most important paper is a completed application, for which people come to these instances. It consists of two columns for the bride and groom. They have to write their full name, date of birth, passport details correctly.
An application form in form No. 7 is issued at the registry office itself. But if you have concerns about the unknown, here is an example of filling it out:
The most important question here is name change. Usually brides are in favor of changing their surnames, but grooms are much less likely to take such a step. And yet, this issue is better discussed in advance.
If one of the spouses, for a good reason, cannot be present during the submission of the relevant application, the registry office staff usually go forward. In the event of such a situation, one of the members of the couple needs to come to the registry office in advance and take special separate applications.
Those who are unable to attend the application can fill it out at home. That's just Signature must be notarized. A notarized application must be brought to the registry office, but the second spouse will fill out the paper directly at the office.
What documents are required at the application stage?. We provide a list of them:
- Passports of both members of the couple.
- Receipts for payment of the corresponding (now its size is 350 rubles from each spouse).
- If the newlyweds are under 18 years old, the local authorities must provide a document confirming the marriage license.
- If the spouses already had another marriage, it is necessary to provide a certificate of its dissolution.
After submitting an application with all the relevant papers, the couple just has to wait a bit. During this time, you can plan the celebration itself, because usually the matter is not limited to simple registration.
It is not possible to apply online, but a couple can make their lives much easier if they look at the public services website in advance. The fact is that there you can book a suitable date and time by setting the date of visiting the desired registry office.
If the bride and groom are not at the registry office at a certain, appointed time, their reservation for the date is cancelled. Thus, by accessing the online site, you can avoid long queues at the offices of the registry office by submitting an appropriate application within a certain period.
The step-by-step procedure for recording through the public services website is indicated in.
After filing the paper, one more question arises before the bride and groom: what ceremony to hold? If they want a solemn process of marriage, they will have to pay for additional services..
For example, you can use the services of local photographers and live musicians. Also, at the request of the newlyweds, video filming can be carried out in the hall.
If the couple prefers a closed, informal ceremony, then everything is much simpler, and no additional costs are required.
Regardless of the chosen place of marriage registration and the nuances of the procedure, the most important are always the feelings that the members of the couple experience. It is these chemical reactions that become the main heroes of the occasion!
Great video to summarize the above:
Orthodox Muslims believe that first you need to perform the nike ceremony and only then officially register the marriage in state registry offices. The public notes that with the adoption of the law, the number of early marriages will decrease.
Altynai, a Bishkek resident, supports a bill that prohibits performing a ceremony before the official registration of marriage. She was stolen at the age of 16 and performed the nike ceremony.
- I just finished the 9th grade, I entered one of the educational institutions. Then I was not even 16 years old. As soon as school started, they stole me. They did not even pay attention to the fact that both me and my mother were against it. They put a scarf on me, and I became a daughter-in-law. In the evening, moldo came and performed the nike ceremony. That's how I became a married woman. We did not officially register the marriage, I told my husband a couple of times, but he referred to the fact that he had lost his passport. So this question hangs. Then I gave birth, due to the lack of a marriage certificate, we did not issue a birth certificate for the child. After a while we divorced. Until now, the child has no evidence, - she tells.
According to sociological surveys, 15% of girls in Kyrgyzstan marry before the age of 18. Many do not withstand adulthood and get divorced. Altynai believes that the law proposed by parliamentarians can reduce the number of early marriages.
Muftiyat: Official registration of marriage - after nike
The Spiritual Board of Muslims of Kyrgyzstan supports the initiative of the parliamentarians, and at the same time proposes to carry out nike, official registration, first, within ten days after it. Head of the Education Department of the SAMK Zamir Rakiev believes that the rite of nike should be performed first:
- You must first make a nike and only after that, within 10-20 days, officially register the marriage. Those who do not comply with this norm should be held administratively liable. This would be positively received by the population. It’s better this way, because Sharia forbids a man and a woman to be together before nike, so this rite should be in the first place. We propose a certain procedure: rural moldos, imams, when performing the ceremony, must record the data of the spouses, and then transfer them to the registry office. Then government agencies will be aware of who got married.
The Ata Meken parliamentary faction has already approved this bill, which provides for criminal liability for Moldovans who performed the nike ritual without a marriage certificate. Priests are proposed to be imprisoned for up to five years.
The religious community is vigorously discussing amendments to the law. Orthodox Muslims write on social networks that the bill, which provides for the rite of passage after the official registration of marriage, violates Sharia norms. Some users state that girls and boys should marry when they reach the legal age. In Kyrgyzstan, the age of marriage is set by the Family Code - 18 years.
ex-mufti Chubak azhy Zhalilov believes that the concepts of puberty and readiness for marriage should not be confused. According to him, reaching puberty is not an indicator that young people are ready for marriage, that they are aware of the seriousness of their decision:
- In addition, not every moldo is authorized to perform the rite of nike. This issue is regulated by the Muftiate. A clergyman can perform a marriage only after obtaining a license. For this, there is an appropriate journal in which a special entry is made, young people sign in it. They also present documents confirming the official registration of marriage. If people do not need such certificates, then let them throw away their passports. We want to raise the authority and status of nike. We want this document to be recognized in court proceedings. There are times when one of the spouses after a divorce evades alimony.
If the bill is passed, will the number of early marriages decrease or not? Time will answer this question, and our heroine Altynai still blames Moldo, who “married” a girl with a man who is 8-9 years older than her:
“Sometimes it seems to me that this moldo, seeing me so young, might not have performed the nike ritual. He could then explain to my parents and my future husband that it was too early for me to get married. Perhaps I would have had a completely different fate ...
Translation from Kyrgyz. Original material
Will the registry office replace nikah
This is a sore subject for all illiterate imams, showing their ignorance in Sharia issues. When Yerzhan Mayamerov, a graduate of the world-famous al-Azhar University, who graduated from the Sharia course and then underwent an internship in the Egyptian Muftiate in the fatwa department, was appointed the new mufti of Kazakhstan, I was delighted with his appointment. But then he was disappointed when he heard his first sermon before juma prayer on this very topic in the central mosque of Almaty, where he publicly asserted that marriage in the registry office replaces nikah according to Sharia, that mahr is just a Sunnah andwhether to give mahr to his future wife is at the discretion of the groom himself. Then I could not believe my ears that since such a literate person gets confused in such an elementary question, that one can speak of illiterate imams. I am generally silent about his other delusions . Allah said about such people: “They follow only the assumptions and what the soul desires, although the right guidance from their Lord has already come to them” (53:23). He speaks well and beautifully, but this is not an indicator of the level of his knowledge. An indicator of his level of knowledge is precisely his fatwas, misleading the Muslims of the country. Allah said: “You spread lies with your tongues and speak with your lips what you have no knowledge of, and think that this act is insignificant, although in the sight of Allah it is a great sin” (24:15). That's why I decided to answer this question in more detail so that Muslims would not be mistaken.
The registry office cannot replace nikah according to Sharia, because during the marriage, the registry office does not take into account the basic requirements of Sharia. Therefore, before performing nikah, the imam must definitely take into account these basic conditions of Sharia, which they themselves often forget. Now, for the pleasure of Allah, I will prove my words point by point:
1) Marriage in the registry office takes place in a secular state between people of different faiths. And nikah is performed in front of Allah according to the Sharia of Allah only between Muslims! According to the Sharia of Allah, nikah with a representative of another religion is categorically prohibited. Therefore, before performing nikah, the imam is obliged to demand the adoption of Islam by the spouses, saying the shahada .Allah ordered: “Do not marry polytheists until they believe. Of course, a believing slave is better than a polytheist, even if you liked her. And do not marry Muslim women to polytheists until they believe. Of course, a believing slave is better than a polytheist, even if you like him. They call to the Fire, and Allah calls to Paradise and forgiveness with His permission. (2: 221).
2) For marriage in the registry office, future spouses pay money. And nikah should be performed by the imam for free, although many ignorant imams refuse to perform nikah without prepayment.
3) One should be interested in whether a man has other wives so that their number, together with his future wife, does not exceed four.
4) To be honest, many sisters leave their homes without a divorce, leaving their husbands and marrying another, violating the Sharia of Allah and becoming adulteresses. And some get divorced and immediately marry another without observing the terms of iddah. Therefore, it is necessary to ask the bride whether she was married before that time or not. If there was, did you receive it? talaq» from ex-husband and whether 3 months of the iddah period has elapsed after that.
5) Another important condition of Sharia is a gift to the bride - mahr. Our mufti considers the mahr to be simply Sunnah, and the wedding ring in the registry office is mahr. I want to upset everyone who thinks so! The wedding ring is not a mahr, because. the bride herself must say what exactly she wants to receive as mahr, and not silently accept what her husband gives her, because. the ring given by the husband is just an additional gift on his part. Mahr is not a Sunnah, but an order from Allah! In Surah Women, Allah says: Give women their marriage gift with a pure soul» (4:4). Therefore, in order to consider a nikah complete, it is necessary to have an agreement on the mahr before concluding a nikah! If the parties mutually agree, then the mahr can be donated later. Nowadays, there are often especially materialistic women who want to get an apartment or a car as a mahr. So that there are no unexpected surprises from such girls in front of the imam and those present, when it is embarrassing to reverse or there is nothing to buy such expensive gifts, it is best to agree on the mahr before performing nikah.
6) Many people think that " dowry" is also one of the conditions of nikah. Therefore, they pay the parents of the bride the required amount and buy the wife as a commodity in the bazaar. In fact, kalym has nothing to do with Sharia. But at the same time, if the groom is a wealthy man and, if he wishes, can give gifts to the bride's relatives, this is a good thing, strengthening ties between new relatives, in which there is nothing forbidden. The fact is that the mahr is a gift to the bride and the mahr remains with her forever. Mahr does not go to the bride's family, because. future wife keeps it to herself. And kalym is a ransom for the bride, agreed upon during the matchmaking and which is transferred to her parents. If the bride's parents are poor people, then the groom can pay the dowry as alms. But, as I already said, the requirement of kalym contradicts the Sharia of Allah.
7) A guy and a girl must be present as witnesses in the registry office. And according to the Sharia of Allah, nikah must be witnessed by two men or one man and two women.
8) The newlyweds themselves can apply to the registry office. And according to the Sharia of Allah, nikah is performed with the permission of the mahram - the guardian of the bride. If the bride is a virgin, then the permission of her parents is all the more required. The Messenger of Allah said: “You cannot marry without a guarantor of your wife. And the guarantor of the bride, who does not have a guarantor, is the Sultan ”( Ahmad). The Messenger of Allah also said: “You cannot enter into a marriage without a guarantor of your wife and two just witnesses” ( Beihaki).
If one of these conditions is not met, the imam is obliged to refuse to conclude nikah between a man and a woman.
Website owner Meirkhanov Meiram
