i have some question from my muslim friends if here - Page 5

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Posted: 6 years ago
#41
Praise be to Allaah.  

The scholars differed concerning the ruling on one who divorces his wife by saying "I divorce you thrice. The majority of scholars are of the view that this means that divorce has taken place three times; others are of the view that divorce takes place only once. 

Shaykh Abd al-Azeez ibn Baaz (may Allaah have mercy on him) was asked: 

A man divorced his wife by saying "I divorce you thrice; what is the ruling on that?

 He replied: 

If a man divorces his wife three times with one word, such as saying, "You are thrice divorced, the majority of scholars are of the view that the woman is indeed thrice divorced and becomes forbidden for her husband until she has been married to another man in a serious marriage in which the new husband has intercourse with her and they only separate as a result of death or divorce, not a tahleel marriage (i.e., a marriage of convenience aimed at making it permissible for her to remarry her former husband). 

They quoted as evidence for that the fact that Umar ibn al-Khattaab (may Allaah be pleased with him) counted such a divorce as being three and judged among people accordingly. 

Other scholars were of the view that this is to be regarded as a single divorce, and the husband may take her back so long as the iddah has not yet ended. If the iddah has ended then she may marry him with a new marriage contract. They quoted as evidence for that the report narrated in Saheeh Muslim from Ibn Abbaas (may Allaah be pleased with him) who said:  "At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), the time of Abu Bakr (may Allaah be pleased with him) and the first two years of the caliphate of Umar (may Allaah be pleased with him), a threefold divorce was counted as one. Umar said: "People are being hasty with regard to a matter in which they should not rush. Let us count it as three and judge between people accordingly . According to another report narrated by Muslim: Abu'l-Sahba' said to Ibn Abbaas (may Allaah be pleased with them): "Was not three counted as one at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the time of Abu Bakr (may Allaah be pleased with him) and the first three years of the time of  Umar (may Allaah be pleased with him)? He said: "Yes, 

They also quote as evidence the report narrated by Imam Ahmad in al-Musnadwith a jayyid isnaad from Ibn Abbaas (may Allaah be pleased with him), that Abu Rakaanah divorced his wife by saying "I divorce you thrice, then he regretted it, so the Prophet (peace and blessings of Allaah be upon him) returned her to him with one word and said, "This is only one (divorce). This hadeeth and the one before it are to be understood as referring to divorcing by saying "I divorce you thrice, in order to reconcile these two hadeeths and the verse in which Allaah says (interpretation of the meaning): 

"The divorce is twice

[al-Baqarah 2:229] 

"And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge

[al-Baqarah 2:230] 

This was the view of Ibn Abbaas (may Allaah be pleased with him) according to a saheeh report narrated from him; according to the other report narrated from him he shared the view of the majority. The view that they should be regarded as one divorce was narrated from Ali, Abd al-Rahmaan ibn Awf and al-Zubayr ibn al-Awwaam (may Allaah be pleased with them). 

This was also the view of a number of the Taabi'een, Muhammad ibn Ishaaq the author of al-Seerah, and a number of the earlier and later scholars. It was also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim (may Allaah have mercy on them). This is also my view, because that is following all of the texts, and because it is also more merciful and kind to the Muslims. 

Fataawa Islamiyyah, 3/281, 282. 

It seems that the qaadi was also of this view, which is that the threefold divorce counts as one divorce. Based on this there is nothing wrong with taking her back. 

But after the iddah is over you cannot take her back, rather you have to make a new marriage contract with her. 

With regard to taking her back after the iddah is over i.e., after three menstrual cycles this is not valid, because once a woman's iddah is completed she becomes a "stranger for her husband and she is not permissible for him except with a new marriage contract.

 Fataawa Islamiyyah, 3/293 

And Allaah knows best.

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Posted: 6 years ago
#42

Originally posted by: HeavenlyBliss.

Praise be to Allaah.  

The scholars differed concerning the ruling on one who divorces his wife by saying "I divorce you thrice. The majority of scholars are of the view that this means that divorce has taken place three times; others are of the view that divorce takes place only once. 

Shaykh Abd al-Azeez ibn Baaz (may Allaah have mercy on him) was asked: 

A man divorced his wife by saying "I divorce you thrice; what is the ruling on that?

 He replied: 

If a man divorces his wife three times with one word, such as saying, "You are thrice divorced, the majority of scholars are of the view that the woman is indeed thrice divorced and becomes forbidden for her husband until she has been married to another man in a serious marriage in which the new husband has intercourse with her and they only separate as a result of death or divorce, not a tahleel marriage (i.e., a marriage of convenience aimed at making it permissible for her to remarry her former husband). 

They quoted as evidence for that the fact that Umar ibn al-Khattaab (may Allaah be pleased with him) counted such a divorce as being three and judged among people accordingly. 

Other scholars were of the view that this is to be regarded as a single divorce, and the husband may take her back so long as the iddah has not yet ended. If the iddah has ended then she may marry him with a new marriage contract. They quoted as evidence for that the report narrated in Saheeh Muslim from Ibn Abbaas (may Allaah be pleased with him) who said:  "At the time of the Messenger of Allaah (peace and blessings of Allaah be upon him), the time of Abu Bakr (may Allaah be pleased with him) and the first two years of the caliphate of Umar (may Allaah be pleased with him), a threefold divorce was counted as one. Umar said: "People are being hasty with regard to a matter in which they should not rush. Let us count it as three and judge between people accordingly . According to another report narrated by Muslim: Abu'l-Sahba' said to Ibn Abbaas (may Allaah be pleased with them): "Was not three counted as one at the time of the Messenger of Allaah (peace and blessings of Allaah be upon him) and the time of Abu Bakr (may Allaah be pleased with him) and the first three years of the time of  Umar (may Allaah be pleased with him)? He said: "Yes, 

They also quote as evidence the report narrated by Imam Ahmad in al-Musnadwith a jayyid isnaad from Ibn Abbaas (may Allaah be pleased with him), that Abu Rakaanah divorced his wife by saying "I divorce you thrice, then he regretted it, so the Prophet (peace and blessings of Allaah be upon him) returned her to him with one word and said, "This is only one (divorce). This hadeeth and the one before it are to be understood as referring to divorcing by saying "I divorce you thrice, in order to reconcile these two hadeeths and the verse in which Allaah says (interpretation of the meaning): 

"The divorce is twice

[al-Baqarah 2:229] 

"And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allaah. These are the limits of Allaah, which He makes plain for the people who have knowledge

[al-Baqarah 2:230] 

This was the view of Ibn Abbaas (may Allaah be pleased with him) according to a saheeh report narrated from him; according to the other report narrated from him he shared the view of the majority. The view that they should be regarded as one divorce was narrated from Ali, Abd al-Rahmaan ibn Awf and al-Zubayr ibn al-Awwaam (may Allaah be pleased with them). 

This was also the view of a number of the Taabi'een, Muhammad ibn Ishaaq the author of al-Seerah, and a number of the earlier and later scholars. It was also the view favoured by Shaykh al-Islam Ibn Taymiyah and his student Ibn al-Qayyim (may Allaah have mercy on them). This is also my view, because that is following all of the texts, and because it is also more merciful and kind to the Muslims. 

Fataawa Islamiyyah, 3/281, 282. 

It seems that the qaadi was also of this view, which is that the threefold divorce counts as one divorce. Based on this there is nothing wrong with taking her back. 

But after the iddah is over you cannot take her back, rather you have to make a new marriage contract with her. 

With regard to taking her back after the iddah is over i.e., after three menstrual cycles this is not valid, because once a woman's iddah is completed she becomes a "stranger for her husband and she is not permissible for him except with a new marriage contract.

 Fataawa Islamiyyah, 3/293 

And Allaah knows best.


I dint knew about this , I was in ignorance. May Allah guide us all to right deen. If this is true then the struggle going o regardng tripal talaq is meaning less and in Islamic.
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Posted: 6 years ago
#43

Originally posted by: MuratHayat

@nihaara Hi, I watched promos and few clips and have an idea of what the show is about. As of now, I am not watching the show as I am very skeptical about shows based on muslim culture. All thanks to qubool hai and beintehaa😆 

I dislike the fact in tv sopas based on muslims they portray muslim men as some ignorant, tyrants and oppressive. This behavior is cultural and depends on individual households irrespective of religion they follow.
But from what I understood in this show is that the male lead kabir is an ignorant man. He blindly follows some baba or whoever is that person. In the promo where zara tells him to not just recite but understand Quran, there she was correct. But In latest promo of marriage the condition of asking her before divorcing sounded ignorant. 
Because when women goes for khula (women's way of initiating divorce), then if husband is not ready to leave her then judge and relevant authorities can intervene and order him to forgo her. So basically rules are for both. 

As to your question on triple talak. Instant triple talak or divorcing a women in spurt of anger is not talak. They are still married and man is committing a sin by abandoning his wife.
It has to happen over a period of 3 months. In any Islamic divorce procedure, there is a three-month waiting period before the divorce is finalized.After a declaration of divorce, Islam requires a three-month waiting period (called the iddah) before the divorce is finalized. During which the second and third divorces are given. 

During this time, the couple continues to live under the same roof, but sleeps apart. This gives the couple time to calm down, evaluate the relationship, and perhaps reconcile. 

Sometimes decisions are made in haste and anger, and later one or both parties may have regrets. During the waiting period, the husband and wife are free to resume their relationship at any time, thus ending the divorce process without the need for a new marriage contract. 

In this period if they have sex then the entire divorce proceedings cancels out. It is regarded as reconciliation. And man can't say after having sex that he will continue with the 2nd and 3rd divorce.

Another reason for the waiting period is a way of determining whether the wife is expecting a child. If the wife is pregnant, the waiting period continues until after she has delivered the child. During the entire waiting period, the wife has the right to remain in the family home and the husband is responsible for her support.

If the waiting period is completed without reconciliation, the divorce is complete and takes full effect. The husband's financial responsibility for the wife ends, and she often returns to her own family home. However, the husband continues to be responsible for the financial needs of any children, through regular child support payments.

Islam discourages Muslims from going back and forth about their decisions, engaging in emotional blackmail, or leaving the other spouse in limbo. The Quran says, "When you divorce women and they fulfill the term of their iddat, either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage. If anyone does that, he wrongs his own soul..." (Quran 2:231) Thus, the Quran encourages a divorced couple to treat each other amicably, and to sever ties neatly and firmly.

In general, if a man divorces his wife irrevocably, either by a third divorce (talaaq), or khula', or an annulment, and she is pregnant, then she is entitled to maintenance and accommodation, according to scholarly consensus, because Allaah says (interpretation of the meaning):

"Lodge them (the divorced women) where you dwell, according to your means, and do not harm them so as to straiten them (that they be obliged to leave your house). And if they are pregnant, then spend on them till they lay down their burden

Quran [al-Talaaq 65:6].

You can read here about khula. where women files and gets divorce. In fact in khula, divorce is more immediate. 
https://islamqa.info/en/216408ate.

So zara putting unreasonable conditions not prescribed in Quran is not right. Because just imagine if even kabir puts condition such as if zara takes khula from him she should complete her iddah/waiting period of 3 months at his home. It will be completely wrong because the moment khula happens they are equal to strangers and can't be living under same roof. 

P.S what ever I have written is after checking authentic sources. 


Thnks for explaining :) i also read the articles about this one week back.But  kabir and Zaara's debate is mainly about INSTANT triple talaq  saying thrice talaq talaq talaq confirms the divorce according to Kabir . As you mentioned it is not in Quran,so i think Kabir is going in wrong way.In India,in supreme court a case is going on  regarding this in reality where a husband left his wife simply sending a unofficial paper having thrice words of Talaq then within Seconds she was abondoned,having two children she got depressed and approached the Supreme court to remove this practice but my feeling is whether it is 3 times saying talaq or talaq happening in 3 months there is no much difference relationshipwise for a woman i guess except time span of 3 months,if any husband want to separate from her,any woman doesn't go begging behind husband owing to her self respect but this practice give muslim man easy way to abondan many number of woman without any supervision under law and order,so she wanted to remove this practice for other woman.The main thing should be they should not be divorced unofficially without under supervision of law and order,If law and order intervenes,atleast it becomes mandatory for a man to look after the children otherwise men who are ignorant on Quran will roam around freely without any responsibilities,this is purely my POV:)

Ok leave kabir,what happened to head priest or Zaara's father he should be aware of Quran and he agreed with Instant triple talaq when a couple reached him for justice,According to me Kabir,Head priest everyone at fault except Zaara in this case.

 If Muslim who doesn't follow Quran in these kind of matters will not be punished by anyone then what is the use of head priests or board committee,in this case supreme court interference is the only option.

Kabir knows that Instant triple talaq is not in Quran and Hadits he also said it in the initial episodes,then why is he following or supporting it😕 ,he boasts about his knowlegde of Quran and  feels as if he is perfect muslim and degrade/mock Zaara that she have no knowlegde in Quran but still he is following this culture blindly😕
Edited by ...Nihara... - 6 years ago