Divorce in Islam

The Statement of Allah(swt) 

 Those who swear to abstain from their wives have four months of waiting. Therefore, if they revert back, Allah is Most-Forgiving, Very- Merciful,(Quran 2:226)

 and if they resolve to divorce, Allah is All-Hearing, All-Knowing (Quran 2:227)

"And set them free (divorce them) in a handsome manner." (Quran.33:49)

"And set you free in a handsome manner (divorce)". (Quran33:28)

(The divorce is twice) "After that, either you retain her on reasonable terms or release her with kindness." (Quran.2:229)

"Or part with them in a good manner." (Quran.65:2)

It was narrated from 'Abdullah bin 'Umar that the  Messenger of Allah said: "The  most hated of permissible things to Allah is divorce."(ibn majah :2018)

Divorce in accordance with the Sunnah: Such a divorce given to a wife during her purity period (the days other than her menses) and on the basis that he has not had intercourse with her during her purity. A husband should divorce her by saying 'I divorce you' or 'You are divorced' and thereafter he maintains her living expenses; and he keeps her in his house for the waiting period (which is three menses or three months) and they should separate after the waiting period is over. This is the best way to divorce. Restoring one's wife after issuing such a divorce is consensually correct, and establishing a new bond of marriage after the waiting time has elapsed is also permissible.

Divorce contrary to Sunnah :Divorce issued to a woman during her menses or during her purity, in which the husband has had intercourse with her; or pronouncing divorce three times in the same session is contrary  to the Sunnah.

False or Ineffective Divorce : Divorce issued by a person being forced to do so,divorcing before establishing  a bond of marriage ,divorce of a child,divorce of an insane ,or divorce of an unconscious person are all ineffective.  

Narrated 'Abdullah bin 'Umar:

that he had divorced his wife while she was menstruating during the lifetime of Allah's Apostle 'Umar bin Al-Khattab asked Allah's Apostle about that. Allah's Apostle said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced."(Bukhari 5251)

Issuing divorce during menses, or during the pure days in which the husband has had intercourse, is an illegal way of divorce. This divorce has the controversial status of it being effective or ineffective. It will take place according to many scholars (like Imam Bukhari)and they said the person giving divorce in such a way will be sinful. Some other scholars said this type of divorce cannot take place at all because it is not in accordance with the Sunnah. Imam Ibn Hazm and Imam Ibn Taimiyyah and others, may Allah have mercy on them, hold this opinion

 Nãfi' said: When Ibn 'Umar was asked about a person who had given three divorces, he said, "Would that you gave one or two divorces, for the Prophet ; ordered me to do so. If you give three divorces then she cannot be lawful for you until she has married another husband (and is divorced by him) ."(Bukhari 5264)

Narrated 'Aishah A man divorced his wife and she married another man who proved to be impotent and divorced her. She could not get her satisfaction from him, and after a while he divorced her. Then she came to the Prophet (pbuh)and said, "O Allah's Messenger! My first husband divorced me and then I married another man who entered upon me to consummate his marriage but he proved to be impotent and did not approach me except once during which he benefited nothing from me. Can I re-many my first husband in this case?" Allah's Messenger ; said, "It is unlawful to many your first husband till the other husband consummates his marriage with you."(Bukhari 5265)

It was narrated that Abu Bakr bin Abu Jahrn bin Sukbair   Al Adawi said i heared Fatimah bint Qais say that her husband divorced her three times, and the Messenger of Allah did not say  that  she was entitled to  accommodation and maintenance." (ibn majah 2035)

A husband is not responsible for a woman's living expenses for the waiting period after the final divorce. If a woman is pregnant, then the husband is responsible for the expense of her waiting period, even after the final divorce. The statement of Allah Almighty is: "And if they are pregnant then spend for them till they deliver their pregnancy." (At-Taliq 65: 6)

 It was narrated from Abu Hurairah that the Messenger of Allah said: "There are three  matters in which seriousness is serious and joking is serious: marriage, divorce and taking back(one's wife). " (ibn majah :2039)

The relationship of marriage is extremely important due to which a man and woman become lawful for each other and they accept its responsibilities; and it is also because of the marriage bond that their children are legal. Therefore, many rules were Divinely legislated to keep the sanctity of this relationship upright. When accepting a religious responsibility, or withdrawing from it, one should carefully reflect upon its consequences, so that one will not have to face regret and worry later.

Awazi said: "I asked Zuhri 'Which of the wives of the  Prophet sought refuge with  Allah  from him?' He said: "Urwah told me, (narrating) from Aishah, that when the daughter  of Jawn entered upon the Messenger of Allah and he came dose to her, she said: "I seek refuge with Allah from you."The Messenger of Allah said: , "You have sought refuge in the Almighty; go to your-family."(ibn majah:2050)

Some words used for divorce are very clear and manifest, and give clear message of divorce; for example: 'I divorce you.' These words consensually make the divorce effective. There are some words that have both meanings: divorce or any other meaning which is called "connotation." The dear and manifest meanings of these words rely on the intention of the person. If one uttered them with the intention of divorce, then the divorce would be effective, otherwise not.

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The Story of Jesus and Mary in the Holy Quran

The Birth of Mary

“Indeed God chose Adam, Noah, the family of Abraham and the family of Imran over the worlds. An offspring, like one another (in righ-teousness). And God is All-Hearing, All-Knowing. (And men-tion) when the wife of Imran said, ‘O my Lord, I have vowed to You what is in my womb, to be dedicated (to Your service), so accept this from me. Indeed, You are All-Hearing, All-Knowing.’ Then when she delivered her (Mary), she said, ‘O my Lord, I have delivered a female,’ and God knew best what she delivered, ‘And the male is not like the female, and I have named her Mary, and I seek re-fuge with You for her and for her children from Satan, the expelled (from the mercy of God).’” (Quran 3:33-36)

The Childhood of Mary

“So her Lord fully accepted her, and gave her a good upbringing, and put her under the care of Zechariah. Every time Zechariah entered upon her in the prayer room, he found her supplied with food. He said, ‘O Mary, where do you get this from?’ She said, ‘This is from God. Indeed, God provides for whom He wills, without limit.’” (Quran 3:37)

Mary, the Devout

“And (mention) when the angels said, ‘O Mary, in-deed God has chosen you, purified you, and chosen you above the women of the worlds.’ ‘O Mary, be devoutly obedient to your Lord and prostrate and bow down along those who bow down (in prayer).’ This is a part of the news of the unseen, which We reveal to you (O Muhammad). You were not with them when they cast lots with their pens to (decide) which of them should take care of Mary, nor were you with them when they disputed.” (Quran 3:42-44)

The Good news of a new-born child

“(And mention) when the angels said, ‘O Mary, in-deed God gives you the good news of a word from Him, whose name will be the Messiah Jesus, the son of Mary, held in honor in this world and in the Hereafter, and of those who are near to God.’ ‘He will speak to the people in the cradle, and in old age, and he will be of the righteous.’ She said, ‘My Lord, how can I have a son when no man has touched me.’ He said, ‘So (it will be,) for God creates what He wants. When He decides something, He only says to it, ‘Be,’ and it is. And He will teach him the Book and wisdom and the Torah and the Gospel. And (will make him) a messenger to the Children of Israel (saying), ‘Indeed I have come to you with a sign from your Lord. I make for you out of clay the likeness of a bird, then breathe into it, and it be-comes a bird by the permission of God. And I heal the blind and the leper, and I bring the dead to life by the permission of God. And I inform you of what you eat and what you store in your houses. Surely, there is a sign for you in that, if you are believers. And (I have come) confirming the Torah that was (revealed) before me, and to allow you some of what was forbidden to you. And I have come to you with a proof from your Lord, so fear God and obey me. Indeed, God is my Lord and your Lord, so worship Him. This is the straight path.” (Quran 3:45-51)

“And mention in the Book (the story of) Mary, when she withdrew from her family to an eastern place. And she placed a screen to seclude herself from them. Then We sent to her Our angel (Gabriel), and he took the form of a well-created man before her. She said, “In-deed I seek refuge with the Most Merciful from you, if you do fear God.”1 (The angel) said, ‘I am only the messenger of your Lord to give to you (the news of) a pure boy.’ She said, ‘How can I have a son, when no man has touched me (in marriage), and I am not a pros-titute?’ He said, So your Lord said, ‘It is easy for Me. And We will make him a sign to people and a mercy from Us. And it is a matter (already) decided.’”(Qu-ran 19:16-21)

The Immaculate Conception

“And she who guarded her chastity, so We breathed (a spirit) into her through Our angel, and We made her and her son (Jesus) a sign for the worlds.”(Quran 21:91)

The Birth of Jesus

“So she conceived him, and she withdrew with him to a remote place. And the pains of childbirth drove her to the trunk of a palm tree. She said, ‘I wish I had died before this, and had been long forgotten. [Mary was worried that people would think badly of her as she wasnot married.] Then (baby Jesus) called her from below her, saying, ‘Don’t be sad. Your Lord has provided a stream under you.’ Shake the trunk of the palm tree towards you, and it will drop on you fresh ripe dates. So eat and drink and be happy. And if you see any hu-man, then say, ‘Indeed I have vowed a fast to the Most Merciful so I will not speak to any human today.’ Then she carried him and brought him to her people. They said, ‘O Mary, indeed you have done a great evil.’ ‘O sister of Aaron, your father was not an evil man, and your mother was not a fornicator.’ So she pointed to him. They said, ‘How can we speak to a child in the cradle?’ (Jesus) said, ‘Indeed, I am a slave of God. He has given me the Scripture and made me a prophet. And He has made me blessed wherever I am, and has commanded me to me pray and give charity as long as I remain alive. And (has made) me kind to my mother, and did not make me arrogant or miserable. And peace be upon me the day I was born, and the day I will die, and the day I will be raised alive.’” (Quran 19:22-33)

“Indeed, Jesus is like Adam in front of God. He created him from dust, then said to him, ‘Be,’ and he was.” (Quran 3:59)

“And We made the son of Mary and his mother a sign, And We gave them refuge and rest on a high ground with flowing water.” (Quran 23:50)

The Excellence of Mary

“And God gives as an example for those who be-lieve, the wife of Pharaoh, when she said, ‘My Lord, build for me a home near You in paradise, and save me from Pharaoh and his deeds, and save me from the wrongdoing people.’ And (the example of) Mary, the daughter of Imran, who guarded her chastity, so We blew (the spirit of Jesus) into her through Our angel (Gabriel). And she believed in the words of her Lord, and His scriptures, and she was of the devout ones.” (Quran 66:11-12)

Jesus the Prophet

“Say, ‘We believe in God and what has been re-vealed to us and what has been revealed to Abraham, Ishmael, Isaac, Jacob, and to the prophet-descendants (of Jacob), and what has been given to Moses and Je-sus, and what has been given to the prophets from their Lord. We make no distinction between any of them, and we are Muslims (in submission) to Him.’” 

(Quran 2:136)

“Indeed, We have revealed to you (O Muhammad) as We revealed to Noah and the prophets after him. And We revealed to Abraham, Ishmael, Isaac, Jacob, and the prophet-descendants (of Jacob), Jesus, Job, Jo-nah, Aaron, and Solomon, and We gave the book to David.”

 (Quran 4:163)

“The Messiah son of Mary was only a messenger (like other) messengers that had passed away before him. And his mother was a strong believer.7 They both used to eat food.8 Look how We make the proofs clear to them, then look how they (disbelievers) turn away.” (Quran 5:75) “He (Jesus) was only a servant whom We have fa-vored, and We made him an example to the Children of Israel.” (Quran 43:59)

The Message of Jesus

“And in their (the prophets’) footsteps, We sent Jesus the son of Mary, affirming the Torah that had come before him. And We gave him the Gospel, in it was guidance and light, affirming the Torah that had come before it, and a guidance and an admonition for the pious.” (Quran 5:46)

“O people of the Scripture, do not go to extremes in your religion, and do not say about God except the truth. The Messiah Jesus, son of Mary, is only a messenger from God and a word from Him (“Be” and it is), which He sent to Mary, and a soul from Him.9 So, believe in God and His messengers, and do not say, “Three.” Stop, it is better for you. Indeed, God is one; exalted is He above having a son. To Him belongs whatever is in the heavens and whatever is on the earth. And God is sufficient as a Determiner of all af-fairs. Never would the Messiah look down upon being a worshipper of God, nor would the angels who are close (to God). And whoever looks down upon the worship of God and is arrogant, then He will gather them to Himself all together.” (Quran 4:171-172)

“This is Jesus, the son of Mary. And this is the statement of truth, which they doubt. It is not possible for God to take a son. Far is He above this! When He decides something, He just says to it, “Be,” and it is.11 (Jesus said), ‘And indeed God is my Lord and your Lord, so worship Him. That is a straight path.’ But the sects disagreed (over the straight path), so woe to the disbelievers from meeting a horrible Day.” (Quran 19:34-37) 

“And when Jesus came with clear proofs, he said, ‘I have come to you with prophet hood, and to make clear to you some of what you disagree about, so fear God and obey me. Indeed, God is my Lord and your Lord, so worship Him. This is a straight path.’ But the groups disagreed among themselves (about the message of Jesus), so woe to those who disbelieved from the punishment of a painful Day.” (Quran 43:63-65)

“And (remember) when Jesus, son of Mary, said, “O Children of Israel, I am the messenger of God to you confirming the Torah that came before me, and bringing good news of a messenger that will come after me, whose his name will be Ahmed.But when he came to them with clear proofs, they said, “This is clear magic.” (Quran 61:6)

The Second Coming

“And there is not one of the people of the Scripture but will believe in him before his death. And on the Day of Resurrection, he will be a witness against them.” (Quran 4:159)

“And he (Jesus) is a sign of (the coming of) the Hour, so do not doubt it.28 And follow Me, this is a straight path (leading to God and His paradise).” (Qu-ran 43:61)

Jesus on the Day of Resurrection

“‘When God will say,’ O Jesus, son of Mary, re-member My favor upon you and upon your mother when I supported you with the Pure Spirit (Gabriel) and you spoke to people in the cradle and in old age; and when I taught you the Book, wisdom, the Torah and the Gospel; and when you made out of clay the likeness of a bird, by My permission, then you breathed into it, and it became a bird by My permission, and you healed the blind and the leper by My permission, and when you brought the dead to life by My permission; and when I restrained the Children of Israel from (killing) you when you came to them with clear proofs, but the dis-believers among them said, ‘This is nothing but plain magic.’” (Quran 5:110)

“And God will say (on the Day of Resurrection), ‘O Jesus, son of Mary, did you say to people, ‘Worship me and my mother instead of God?’’ He will say, ‘Glory be to You! It is not for me to say what I have no right (to say). If I had said it, You would have known it. You know what is (hidden) in myself and I do not know what is in Yours. Indeed, You are the Knower of the unseen.’ I did not tell them except what You commanded me, ‘Worship God, my Lord and your Lord.’ And I was a witness over them while I was among them, but when You took me up, You were the Watcher over them, and You are a Witness to all things. If You punish them, they are Your servants, and if You forgive them, indeed You are the All-Mighty, the All-Wise.”31 God will say, ‘This is the Day when the truth will benefit those who were truthful. To them belong gardens with rivers running through it (in Paradise), where they will stay forever. God is pleased with them and they are pleased with Him. That is the great success.’ To God belongs the heavens and the earth and whatever is within them, and He is Able to do all.” 

(Quran 5:116-120)

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