Wednesday, September 27, 2017

Can you divorce your wife by just saying three words (triple talaq) in Islam?

2:226 For those who swear (off) from their wives is a waiting of four months, then if they return - then indeed, Allah is Oft-Forgiving, Most Merciful. 2:227 And if they resolve on divorce - then indeed, Allah is All-Hearing, All-Knowing.

(The “triple talaq” does not observe the waiting period. An exception to the waiting period is in the case that you have not touched them (33:49), but men still have the obligation of giving half of what you have specified, unless women forgo it (2:237))(Allah knows best)

4:35 And if you fear a dissension between the two of them, then send an arbitrator from his family and an arbitrator from her family. If they both wish reconciliation, Allah will cause reconciliation between both of them. Indeed, Allah is All-Knower, All-Aware.

(Divorce is allowed, but, according to Verse 4:35, it is not that simple and instant as the “triple talaq”)(Allah knows best)

33:4 Allah has not made for any man two hearts in his interior. And He has not made your wives whom you declare unlawful as your mothers. And He has not made your adopted sons your sons. That is your saying by your mouths, but Allah says the truth, and He guides to the Way.

(It is said that another formula to declare the “triple talaq” is to say “you are haram (unlawful) for me”, but in Islam you cannot declare them unlawful as your mothers (33:4). And that declaration seems disdainful, while according to Verse 2:229 divorce must be done with kindness)(Allah knows best)

58:2 Those among you who pronounce zihar to their wives, they are not their mothers. None are their mothers except those who gave them birth. And indeed, they surely say an evil word and a lie. But indeed, Allah is surely, Oft-Pardoning, Oft-Forgiving. 58:3 And those who pronounce zihar to their wives, then go back on what they said, then freeing of a slave before they touch each other. That you are admonished thereby. And Allah is All-Aware of what you do.

2:237 And if you divorce them before you have touched them while already you have specified for them an obligation (dower), then (give) half of what you have specified, unless they (women) forgo it or the one in whose hands is the marriage knot forgoes it. And if you forgo, it is nearer to righteousness. And do not forget the graciousness among you. Indeed, Allah is All-Seer of what you do.

(The husband cannot just go but he has to fulfill his obligation in Verse 2:237)(Allah knows best)

4:19 O you who believe, it is not lawful for you to inherit women by force. And do not constraint them in order to take part of what you have given them unless they commit a clear immorality. And live with them in kindness. For if you dislike them - perhaps you dislike a thing and Allah has placed much good in it.

2:241 And for the divorced women is a provision in a fair manner - a duty upon the righteous.

65:6 Lodge them where you dwell, out of your means and do not harm them to distress them. And if they are pregnant, then spend on them until they deliver their burden. Then if they suckle for you, then give them their payment and consult among yourselves with kindness, but if you disagree, then another may suckle.

65:1 O Prophet, when you divorce women, then divorce them for their waiting period, and keep count of the waiting period, and fear Allah, your Lord. Do not expel them from their houses, and nor should they leave unless they commit a clear immorality. And these are the limits of Allah. And whoever transgresses the limits of Allah, then certainly he has wronged himself. You know not; perhaps Allah will bring about, after that, a matter.

2:229 Divorce is twice. Then retain in a reasonable manner or release with kindness. And it is not lawful for you to take back whatever you have given them, except if both fear that they can’t keep the limits of Allah. But if you fear that they can’t keep the limits of Allah, then there is no sin on both of them in what she ransoms concerning it. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah then those - they are the wrongdoers.

(The “triple talaq” seems disdainful, while according to Verse 2:229 divorce must be done with kindness)(Allah knows best)

4:128 And if a woman fears ill-conduct or desertion from her husband, then there is no sin upon both of them that they make terms of peace between themselves - a reconciliation, and reconciliation is best. And souls are swayed by greed. But if you do good and fear, then indeed, Allah is All-Aware of what you do. 4:129 And you will never be able to deal justly between the women even if you desired, but do not incline (with) all the inclination and leave her like the suspended one. And if you reconcile and fear - then indeed, Allah is Oft-Forgiving, Most Merciful. 4:130 And if they separate, Allah will enrich each (of them) from His abundance. And Allah is All-Encompassing, All-Wise.

(According to the context, if the husband and one of his wives are not on good terms, for any reason (e.g. she is older than other wives, or uglier, or permanently sick, or they are not longer mutually attracted, etc.); in that situation or context he would never be able to deal justly between the women, but reconciliation is best, so divorce is less encouraged. But if they want to continue together, he cannot incline to only one wife and leave the other like the suspended one (like neither divorced nor married), then he must reconcile or divorce. Reconciliation is more encouraged, because they are already married, while in Verse 4:3 they are not married yet, so they just do not marry if he fears that he would be unjust)(Allah knows best)

4:23 Forbidden to you are your mothers, and your daughters, and your sisters, and your father's sisters, and your mother's sisters, and daughters of brothers, and daughters of sisters, and the mothers who nursed you, and your sisters from the nursing, and mothers of your wives, and your step daughters who are under your guardianship of your women you had relations with, but if you had not relations with them, then there is no sin on you. And wives of your sons who are from your loins, and that you gather together two sisters, except what has passed before. Indeed, Allah is Oft-Forgiving, Most-Merciful.

(In this case, it is encouraged to stay married)(Allah knows best)

4:22 And do not marry those women whom your fathers married, except what has passed before, indeed it was an immorality and hateful, and an evil way.

(In this case, it is encouraged to stay married)(Allah knows best)

33:49 O you who believe, when you marry believing women and then divorce them before you have touched them, then there is not for you any waiting period to count concerning them. So provide for them and release them with a good release.

(Verse 33:49 is an exception to the waiting period, but it is not an exception to provide for them and release them with a good release)(Even if men have not touched women, they have the obligation of giving half of what they have specified, unless women forgo it (2:237))(Allah knows best)

33:28 O Prophet, say to your wives, "If you desire the life of the world and its adornment, then come, I will provide for you and release you with a good release.

(Verse 33:28 could suggest that even if women was not to be into the religion, she is to be provided and released with a good release as well)(Allah knows best)

See also: Does Islam oppress women?

See also: Are women less than men? Is a woman worth one-half of a man in Islam? Are men and women equal?

See also: Good manners in Islam

See also: Does Islam support pedophilia or child marriages? Did Prophet Muhammad marry a 6 year old?

No comments:

Post a Comment