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Published byFranklin Booker Modified over 6 years ago
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Reconcilation, Khula and Divorced women's Rights
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Allah sets guidelines in place for us in many lawful things as a means of preventing us from abusing the act. The same holds true with divorce The Muslim Man is allowed only three chances, or three times on three different occasions to divorce a woman provided that each divorce is pronounced during the time when the wife is in the period of purity and he has had no intercourse with her. A husband may divorce his wife once and let the 'iddah or waiting period pass. During the period of waiting the two have the option of being reconciled without the necessity of remarriage. If, however, this waiting period expires without reconciliation, they are now fully divorced. Each of them is then free to marry someone else or to remarry each other. Should they want to remarry each other, a new marriage contract is required.
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What happens of the couple reconcilate but the hostility between them begins all over again?
If after the first divorce the husband is reconciled with his wife but later the hostility and conflict begin all over again, he may divorce her a second time. In this case, too, he can return to her during the waiting period without remarriage, or after the period has expired through a new marriage contract. But this is the last time that a man can reconcilate with a woman after divorce. Allah only allows 2 reconcilations. After that if he divorces her again he can not take her back. The reason being is that this is a clear proof that the hostility between them runs very deep and that they are incapable of living together.
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Also if divorse takes place a third time the following must be noted
It is not permissible for the husband to return to his wife nor may he remarry her after the divorce is over until she married another man and had intercourse with him and then lawfully divorced him It must also be noted that it is totally prohibited for the other man to marry and divorce her simply in order to make her halal for her first husband.
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What about if a man issues the words of Divorce three times at once?
Those Muslims who utter three divorce pronouncements at one time or in one statement are rebels against Allah's law and are deviating from the straight path of Islam. Once the Prophet was informed about a man who had pronounced three divorces at one time. He got up in anger, saying, “Is sport being made of the Book of Allah while I am (yet) among you? As a result, a man stood up and said, “O Messenger of Allah, shall I not kill him? “ (Reported by al-Nisai.)
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The scholars are divided on this
Some say that such utterance at once make the marriage invalid. But the most correct opinion is that it counts as just one divorce and we base that on the following hadith from Muslim: Ibn 'Abbas reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger and that of Abu Bakr and two years of the caliphate of Umar (was treated) as one. But Umar b. Khattab said: “Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them. “ So thus Umar made it count as three as a means of preventing the people from abusing it but the Prophet counted it as one and we follow the sunnah of the Prophet over anyone
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Also women can initiate divorce too. Such initiation is called “Khula”
The woman who cannot bear to live with her husband has the right to free herself from the marriage bond by returning to her husband the mahr Dowry. Allah says: “...And if you (the judges) fear that the two may not be able to keep to the limits ordained by Allah, there is no blame on either of them if she redeems herself (from the marriage tie by returning all or part of the mahr)....” (2:229) The wife of Thabit bin Qais came to the Prophet and said, "O Messenger of Allah, I do not approach Thabit bin Qais in respect of character and religion, but I do not want to be guilty of showing anger to him.''(Her meaning was that although Thabit was a good man, she was unable to get along with him and thus might not be able to show him the respect due to a husband. (Trans.)) The Prophet asked her about what she had received from him. She replied, "A garden." He asked, "Will you give him back his garden?" "Yes," she said. The Prophet then told Thabit, "Accept the garden and make one declaration of divorce." (Reported by al-Bukhari and al-Nisai.)
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Also One of the aspects of Islam's concern for the rights of women is that it prohibits a man to be so angry with his wife as to discontinue sexual relations with her for a period which she cannot bear. If this abandonment of sexual relations is accompanied by an oath on his part, he is given a limit of four months in which to calm down and revert to her. If he comes to his senses and resumes sexual relations before the expiration of the four months, it is possible that Allah may forgive him for his excess and open the door of repentance to him; however, he must still do the penance prescribed for a broken oath. If, on the other hand, this period expires and he has not returned to her, his wife is divorced from him as a just punishment for his neglect of her rights. “For those who take an oath of abstention from their wives, a waiting period of four months (is ordained); if they return, indeed, Allah is Forgiving, Merciful. But if their intention is firm for divorce, then, indeed, Allah is Hearing, Knowing. “ (2: )
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