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بِسمِ
اللهِ
الرَّحْمَنِ
الرَّحِيمِ Allah, in the name of, the Most
Affectionate, the Eternally Merciful |
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Your
Questions & Comments Don't suppress questions!
Questions are good for your intellectual health!!! |
آپ کے
سوالات و
تاثرات سوالات
کو دبائیے نہیں!
سوالات
ذہنی صحت کی
ضمانت ہیں!!! |
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اردو
اور عربی تحریروں کو بہتر
دیکھنے کے
لئے نسخ اور
نستعلیق
فانٹ یہاں سے
ڈاؤن لوڈ کیجیے
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Valid Reasons for
Seeking Divorce Don't hesitate to
share your questions and comments. They will be highly appreciated. I'll
reply ASAP if I know the answer. Send at mubashirnazir100@gmail.com . |
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Dear Brother Mubashir Nazir I wish to know what are the ground is permitted under Sharia that allow a
Muslim woman to seek obtain divorce. I have read through the views of
Medieval Jurists that present very limited options and almost impossible
conditions for obtaining divorce while the Prophet (صلی
اللہ علیہ
وآلہ وسلم) allowed a Muslim woman to get divorced even on the
grounds when she honestly confessed on her inability to abide by limits
prescribed by Allah. Secondly I wish to confirm when the Prophet ordered the man to let his
wife go, no one would dare refuse order of the prophet, but today if a man in
clear contempt of court refuses to release his wife on the orders of the
judge, does Islamic law allow the nikah to be canceled by the judge on
request of the woman. Will be waiting to hear from you on this very important subject. A Sister |
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Respected
Sister Assalaam
o alaikum wa Rahmatullah e wa Barakatuhu I
appreciate your interest in Islamic Shariah. The views of the Medieval Jurists
are a product of synthesis of Islamic Shariah along with the values and
socio-economic environment of their societies which is called
"Ma'roof". Therefore, you should not feel any difficulty in your
mind about their views. Such restrictions came from their socio-economic
background, not from Islam. The
answers to your questions are: 1. Islam
gives equal rights to both men and women to marry or divorce. Any
restrictions placed on these rights (for both husband & wife) are to
protect the institution of family. For example, the procedure to divorce is
different for the husband from the one for the wife. The objective is to
protect the institution of family up to the greatest extent. There is
no list of valid reasons given in the Quran and Sunnah because it is not
possible to count such reasons for all societies and for all the times. We
find some incidents at the Prophet's time for such divorce. They provide some
reasons. It does not mean that number of reasons is limited to those
mentioned in such incidents. A large number of different incidents can come
in future in different societies. You've
correctly mentioned the Hadith that the Prophet صلی اللہ
علیہ وآلہ
وسلم implemented the divorce of two
wives of Thabit Ibn Qais. One was Habiba Bint Sahl who seeked divorce because
she did not like the appearance of her husband. She said: يا رسول
الله ثابت بن
قيس أما إني
ما أعيب عليه
في خلق ولا
دين ولكني
أكره الكفر
في الإسلام "O
Allah's Apostle! I don't blame Thabit for his appearance or religion. But I
hate to revert to infidelity after Islam." His other
wife Jameela Bint Abdullah Ibn Ubai also seeked divorce because he tortured
her. أن
ثابت بن قيس
بن شماس ضرب
امرأته فكسر
يدها وهي
جميلة بنت
عبد الله بن
أبي "Thabit
Ibn Qais jabbed his wife and broke her hand. She was Jameela Bint Abdullah
Ibn Ubai." (Both reports are mentioned in Sunan Nisai, the Book of
Divorce and are authenticated by Nasir ud Din Albani). Therefore,
it is clear from above mentioned Ahadith that physical or mental torture by
husband is one of the valid reasons for seeking divorce. On the
other side, the Prophet also told to both men and women that divorce without
a valid reason is a great sin. 2. The
government has full right of implementing divorce. The judge will ask the
husband to divorce. If he refuses or delays the matter, the Judge will
implement it legally and the couple will be separated. I don't know about any
disagreement on this point. All scholars agree that the court has the right
to implement the divorce. I've
replied you on the basis on my knowledge and research. You can contact other
scholars for that. It is better to compare different views with their
arguments to reach at a conclusion. This is according to Shari'a. Practical
law of different countries may differ. You should contact some lawyer of your
country to know about the law of the country where you're residing. Subsequently,
I checked the views of Medieval Jurists on the right of divorce. They have
provided an amazing list of valid reasons in case of which, the wife claim
for divorce or a court can initiate an action to implement the divorce
itself. This list covers almost everything. I'm copying the details of such
reasons from the Juristic Encyclopedia of Kuwait: ·
The husband does not pay agreed-upon Mehr (dowry) to his wife. ·
The husband is unable to meet expenses for his wife. ·
The husband tortures his wife. ·
The husband disappears from the scene and there is no information about
him. ·
The husband is sent to jail due to committing a crime and now he is unable
to discharge his liability to his wife. ·
The husband becomes physically disable to fulfill the rights of his wife. ·
The husband converts to another religion other than Islam. ·
The wife accuses her husband for adultery with another woman (Li'aan). I think
these reasons are enough to protect the rights of women. Please feel free to
ask any other question appearing in your mind. wassalaam Mubashir April
2010 |
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مصنف
کی دیگر تحریریں قرآنی
عربی پروگرام / سفرنامہ
ترکی
/ مسلم
دنیا اور ذہنی،
فکری اور نفسیاتی
غلامی
/ اسلام
میں جسمانی و
ذہنی غلامی
کے انسداد کی
تاریخ / تعمیر
شخصیت
پروگرام /
قرآن اور
بائبل
کے دیس میں / علوم
الحدیث: ایک
تعارف / کتاب
الرسالہ:
امام شافعی کی
اصول فقہ پر
پہلی کتاب کا
اردو ترجمہ و
تلخیص
/ اسلام
اور دور حاضر
کی تبدیلیاں / ایڈورٹائزنگ
کا اخلاقی
پہلو سے
جائزہ / الحاد
جدید کے مغربی
اور مسلم
معاشروں پر
اثرات / اسلام
اور نسلی و
قومی امتیاز / اپنی
شخصیت اور
کردار کی تعمیر
کیسے کی
جائے؟
/ مایوسی
کا علاج کیوں
کر ممکن ہے؟ / دور جدید
میں دعوت دین
کا طریق کار / اسلام
کا خطرہ: محض ایک
وہم یا حقیقت / Quranic Concept of Human Life Cycle
/ Empirical Evidence
of God’s Accountability
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