So many type of divorces! It's so confusing

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Az07

@Az07

Sparkler

+ 6

Posted: 11 years ago

They have shown so many type of divorces. I myself is now confused what is the real procedure for divorce.

1) zoyaan - god alone knows when that divorce happened. Only once asad mentioned that they have signed the divorce papers & had to wait for 3 months for legally ending it.

Zoya was suppose to be in iddat. Which means she should be staying in sm. She shouldn't meet any men & she should leave seprately from her husband. But zoya was in KV with asad for these 3 months.

2) tanveer gaffour: it was an accidental divorce. Razia tactfully made tanveer signed in the papers.

3) NikhAt farhaan: NikhAt went to jail & literally blackmailed farhaan & got the divorce done. Atleast we can assume since farhaan was in jail NikhAt would have had some loop holes to get divorce according to law.

4) haya faiz - faiz said thrice talaq & got divorced from haya.

I know according to Islam if you say thrice talaq you will get divorced. But as far as I heard women's full consent is needed. Also the talaq should be done in front of the committee members, members too ask for the women's consent for divorce. Here haya didn't even give her consent, faiz didn't ask her at the first place.

In the forum I have read once to get divorced there is 3 months of waiting period were you sign 3 sets of divorce paper each month. Women shouldn't be pregnant. She will be in iddat & have to stay in her husbands house seprately from her husband & is not allowed to met any men during this period. They can even work out there marriage before signing the 3 rd set of papers.

Out of curiosity I made this post. They showed different types of divorce. Which is the real one? What is the real procedure for a divorce in Islam? I didn't mean to hurt any one. As said out of curiosity I made this post.

Edited by Az07 - 11 years ago

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radadolcevida

@radadolcevida

Voyager

+ 2

Posted: 11 years ago

i don't think in QH, they followed the good rules of Talaq

normally, the talaq should be said not under any anger, state, because you are emotionnal weak .

And for the idat, I agree with you, in those 3 month, she can get back to him if both are agree.

For the talaq, you don't need to say 3 times, it's only count as one time, BUT, if they get married 3 times and talaq 3 times, I mean first marriage and talaq, and then again mariage and then talag etc, the fourth one she had to get married to another man .

Don't try to find any logic in QH, you are going mad😆

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columbia

@columbia

Rocker

+ 6

Posted: 11 years ago

This is Hindi TV show yaar pls don't use this as any indicator of reality guys

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-RohitMaxwell-

@-RohitMaxwell-

Trailblazer

+ 5

Posted: 11 years ago

As for ZoYaan, what divorce you are talking about when the Nikah itself was invalid. so personally i don think there was any need for divorce :P
As for Rahat-Haya-Faiz i guess they are trying to follow QH1 original Asad-Zoya-Ayaan synopsis, Zoya get married to Ayaan... later they get divorced.. Ayaan request Asad to marry Zoya so that he can re-marry Zoya but Asad-Zoya fall in love. May be here Faiz now will tell Rahat to marry her after realizing his mistake as he cant get Haya back after 3 takak without Haya's second marriage. So might be Haya-Rahat marriage will happen.. They have to consummate to get divorced for Haya-Faiz marriage which wont happen coz of Rahat's love for Haya. This might lead to infamous bro clash between Rahat-Faiz. PS. i do not know much about divorce procedures.. all this i know from reading season1's post on original synopsis.

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Anisa

@AnnzSageflower7

Rocker

+ 5

Posted: 11 years ago

Disclaimer : Do not look to QH to learn Islam. Logic does not apply here 😆

First of all, there are two branches of divorce: Talaq (when a man divorces his wife) and Fasakh/Khulaq (when a woman applies for divorce from Islamic court)

Talaq is the utterance of the words to his wife with intention to separate from her. In different mazhabs (different teachings of Islam by holy ulamas adopted by people in different areas/continents) the process is different.

The husband has three chances to state his intent to divorce his wife. The first two times, he can withdraw them, and the couple can reconcile. But if he utters it the third time, it becomes official. Maybe it differs in different teachings, although she is not forced to leave the husband's home, but the wife generally returns to her parents' home, where she observes a 3 month waiting period called iddah/iddat. This translates to 3 menstrual cycles, to make sure she is not expecting.

Here it gets a little confusing. Once a man divorces his wife 3 times, he cannot reconcile with her, unless she marries, consummates and is divorced by another man. This is to impress upon a man, that although it is easier for a man to simply say the words of divorce in haste, the repercussions are there. So not to be taken in haste.

WHen a woman is the one initiating divorce, she must petition at the Islamic court with good reason upon which she will get papers to be signed for divorce. (a.k.a Nikhat's way).

A woman is granted divorce if they have not consummated the marriage, or the husband has failed to support her financially and did not provide her with shelter and support, e.g. abandonment.

This is by the Sunni Syafie teachings, small details may differ in different teachings, but the crux is the same.

I hope this helped.

Edit: another thing... some countries have a dual court system; Civil court for everyone and Sharia Islamic court for Muslims. So in these countries (India, esp) Muslim couples have to file divorce in both courts... hence Tanveer's lawyers papers and eventually Talaknaama. ..

Edited by sageflower7 - 11 years ago

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Fatima

@Fatima_Q

Sparkler

+ 4

Posted: 11 years ago

Originally posted by: sageflower7
Disclaimer : Do not look to QH to learn Islam. Logic does not apply here 😆
First of all, there are two branches of divorce: Talaq (when a man divorces his wife) and Fasakh/Khulaq (when a woman applies for divorce from Islamic court)

Talaq is the utterance of the words to his wife with intention to separate from her. In different mazhabs (different teachings of Islam by holy ulamas adopted by people in different areas/continents) the process is different.

The husband has three chances to state his intent to divorce his wife. The first two times, he can withdraw them, and the couple can reconcile. But if he utters it the third time, it becomes official. Maybe it differs in different teachings, although she is not forced to leave the husband's home, but the wife generally returns to her parents' home, where she observes a 3 month waiting period called iddah/iddat. This translates to 3 menstrual cycles, to make sure she is not expecting.

Here it gets a little confusing. Once a man divorces his wife 3 times, he cannot reconcile with her, unless she marries, consummates and is divorced by another man. This is to impress upon a man, that although it is easier for a man to simply say the words of divorce in haste, the repercussions are there. So not to be taken in haste.

WHen a woman is the one initiating divorce, she must petition at the Islamic court with good reason upon which she will get papers to be signed for divorce. (a.k.a Nikhat's way).

A woman is granted divorce if they have not consummated the marriage, or the husband has failed to support her financially and did not provide her with shelter and support, e.g. abandonment.

This is by the Sunni Syafie teachings, small details may differ in different teachings, but the crux is the same.

I hope this helped.

You explained it so well 👏

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RoxyC

@RoxyC

Navigator

Posted: 11 years ago

yes ummesuliman is right. don't trust this serial. they give you mostly wrong information. even they do not show the right way of doing namaz.

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radadolcevida

@radadolcevida

Voyager

+ 2

Posted: 11 years ago

Originally posted by: ummesulaiman

You explained it so well 👏

I agree , well written and explained 👏

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sanjana

@sanjana

Voyager

Posted: 11 years ago

Is there in anyway that a woman can object to the divorce .In that case will the divorce be granted or not. Has only men got a say

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Anisa

@AnnzSageflower7

Rocker

+ 5

Posted: 11 years ago

#10

Originally posted by: sanjana
Is there in anyway that a woman can object to the divorce .In that case will the divorce be granted or not. Has only men got a say

I'm no expert, but each case is to be treated as unique. Most times men would say, " i divorce you.." which talaq 1, after which she would return to her parents, ensuing are discussions by both parties to reconcile them. But if even if he says talaq3, (i divorce you by three talaqs) they must go before a religious authority who will still counsel them about reconciliation before giving Talaknaama. They would be advised to wait 3 months, and return again if they still wish for divorce.

I'm not sure that just anyone can draw Talaq papers that easily. I believe sharia judge would meet the parties involved first, counsel them about their problems and if satisfied that there is no chance of reconciliation, he would give them their divorce. I believe the religious dept is still an important step, as these days men can send an SMS to divorce his wife!!! 😡

It does seem like it's easier for men to divorce their wives, but like I said, there are major repercussions if made in haste.

If a woman doesn't want to be divorced, she can make her case at the religious department and appoint a sharia lawyer to mediate discussions. ..

Again I'm no expert, if anyone can explain better, please do😉