DIVORCE IN ISLAMIC PERSPECTIVES

& CONTEMPORARY ISSUES

FAMILY MANAGEMENT (CCFM 2601) SECTION 6

Meet our team!

Name Matric Number

ADAM HUZAIR BIN RUHAIZAD 2118811

RAZREENA BINTI RAZALI 2112426

'ALYAA' BALQIS BINTI MOHAMAD ASRI 2110610

NUR AUFA INSYIRAH BINTI MOHD KAMAL 2119234

NOR FARIZATUL NAJWA BINTI AFFENDI 2027736

 Content
01
Divorces:
DEfinition,dalil and
the types of talak
02
03
LAWS OF DIVORCE

(TALAQ)
Conditions of valid
Task Name
pronounciation divorces

02Task Name
the types and causes
of Divorces
04 Contemporary Issue :
The Rebound husband

05
The effects of divorce :
Family,society and
children
what is divorce?
Divorce in Islamic perspective
Divorce means talaq in Islam which means
"freeing or undoing the knot" by
(Imam Raghib)

Divorce in general perspective

Divorce (also known as dissolution of
marriage) is the process of terminating a
marriage
 AL Quran verse about Divorce
}.. ‫َس ا‬ ‫ْح‬ ‫ٌح‬ ‫َت‬

‫َأ‬
‫ُرو ْو ْس ي‬ ‫ْع‬ ‫َم‬ ‫ٌك‬‫َس ا‬ ‫ْم‬ ‫َف‬ ‫ا‬ ‫ {الَّطاَل ُق َم َّر َت‬:‫قوله تعالى‬
‫ٍن‬ ‫ِبِإ‬ ‫ِر‬ ‫ٍف‬ ‫ِب‬ ‫ِن ِإ‬
Surah al Baqarah verse 229

"Divorce may be retracted twice, then the husband must retain ˹his wife˺ with honour or separate
˹from her˺ with grace"

‫ُج‬
‫ِر ْو ُهَّن‬ ‫ُتْخ‬ ‫اَل‬ ‫ْۚم‬ ‫ُك‬ ‫َّب‬ ‫َه‬ ‫ّٰل‬
‫ا وا ال َر‬ ‫ُق‬ ‫َّت‬ ‫َو‬ ‫َۚة‬ ‫َّد‬ ‫ْل‬ ‫ُص‬ ‫ْح‬‫َا‬ ‫َو‬ ‫َّن‬ ‫َّد‬ ‫َّن‬ ‫ُه‬ ‫ْو‬ ‫ُق‬ ‫ِّل‬
‫َط‬ ‫َف‬ ‫ۤا‬ ‫َس‬ ‫ِّن‬ ‫ُم‬‫ُت‬ ‫ْق‬ ‫َط‬
‫َّل‬ ‫َذ‬ ‫َّن‬ ‫ُّيَه‬‫َا‬‫ٰٓي‬
‫وا ا ِع‬ ‫ِه‬ ‫ِت‬ ‫ِلِع‬ ‫َء‬ ‫ال‬ ‫ا‬ ‫ِا‬ ‫ُّي‬ ‫ِب‬ ‫ال‬ ‫ا‬
‫ْۢن ُبُيْو ِت َّن َو اَل َيْخ ُرْج َن ٓاَّل َاْن َّيْأِتْي َن ِبَف ا َش ُّم َبِّي َن ٍۗة َو ِتْلَك ُح ُد ْو ُد الّٰل َۗو َم ْن َّيَتَع َّد ُح ُد ْو َد الّٰل َفَق ْد‬
‫ِه‬ ‫ِه‬ ‫ِح ٍة‬ ‫ِا‬ ‫ِه‬ ‫ِم‬
‫ًر ا‬ ‫ْم‬‫َا‬ ‫َك‬
‫ِل‬
‫ٰذ‬ ‫َد‬ ‫ْع‬ ‫َب‬ ‫ُث‬
‫ِد‬ ‫ُيْح‬ ‫َه‬ ‫ّٰل‬‫ال‬ ‫َّل‬ ‫َع‬ ‫َل‬ ‫ِر ْي‬ ‫ْد‬ ‫َت‬ ‫اَل‬ ۗ ‫ٗه‬ ‫َس‬ ‫ْف‬ ‫َن‬ ‫َم‬ ‫َل‬‫َظ‬

O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period
and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands']
houses, nor should they [themselves] leave [during that period] unless they are committing a clear
immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly
wronged himself. You know not perhaps Allah will bring about after that a [different] matter.
 The words which
effect divorce

Clear and plain words (sarih)

Sarih (clear) means expressly pronouncing the word divorce or words

derived from it.
“I divorce you”

Allusive words (kinaya)

means using words that are not exclusively prescribed for issuing
divorce, but alludes and hints to it.
“you can go back to your parents' house”
 Talak Raj'ie and Talak Ba'in

Talak Raj’ie Talak Ba’in

It is a divorce by the husband on his

Ba'in is a divorce that cannot be
wife and he has the right to consult with
together. It happens when the
his wife as long as the wife is in the
husband has divorced his wife with
period of idah.
the pronouncement of talaq three.
Talaq one and two are included in
talak raj'ie. Talaq two can be
pronounced at once or pronounced one
after the other.

 Types of divorce

Talaq Khul' Ta'liq

The most common method of divorce.
There are certain procedures to be
followed under Section 47 of the IFLA, but
basically, the husband says “talaq” to his
wife, which roughly translates to “I divorce
Also known as cerai tebus talaq, this
basically involves the wife offering payment
to the husband to pronounce talaq and
release her from marriage. It’s covered
under Section 49 of the IFLA and the
“a promise expressed by the husband after
solemnization of marriage in accordance
with Hukum Syara' and the provisions of
this Act”.

you”. payment can be as low as RM1, but the

Syariah Court can decide on the amount
based on the parties’ means under Section
49(3). This divorce is considered
permanent and ruju’ cannot be used to get
back together.
 Fasakh
Women usually request this
ground for divorce due to the
incapability or disability of their
husbands.
Li'an
This type of divorce involves
the husband accusing his
wife of adultery or denies
that the child his wife is
pregnant with is his
 What causes it?
lack of infidelity
commitment

financial LACK OF
COMMUNICATION
issues

married at domestic
young age abuse
LAWS OF DIVORCE (TALAQ)
Laws of Divorce
IN ISLAM OBLIGATIRY (WAJIB)
a) If the dispute between husband and wife
cannot be reconciled anymore
b) Two representatives from the husband and
wife failed to come to an agreement for their
marital reconciliation.
c) When the Qadi thinks that divorce is better
Laws of Divorce
IN ISLAM Forbidden (Haram)
a) Divorce a wife during menstruation or
postpartum
b)When the husband is ill which is intended to
prevent his wife from claiming his inheritance
C) Divorce the wife for three divorces at once
or one divorce but it is mentioned repeatedly
three times or more
Laws of Divorce
SUNNAH
a) The husband is unable to support his wife
IN ISLAM b) His wife does not take care of her dignity

MakRuh
a) The husband divorces his wife who is good,
has noble character and has religious knowledge

Harus
a) A husband whose lust is weak or whose wife
has not menstruated or has stopped menstruating
 Conditions of a VALID DIVORCE
1) CONTENT
Every Muslim husband of
sound mind and who has
attained the age of puberty is
competent to pronounce
Talaq. The guardian cannot
pronounce Talaq on behalf of
a minor husband.
2) Free concent
The consent of the husband
pronouncing Talaq must be free. A
Talaq pronounced under
compulsion, coercion, undue
influence, fraud and voluntary
intoxication etc. is invalid and the
marriage is not dissolved.
3. It need not be made in the
3) FORMALITIES
Sunni Law:
1. Talaq may be in oral or writing.
2. No particular words are required to
constitute Talaq but the expression
should clearly indicate the
husband’s desire to dissolve the
marriage.
presence of a witness.

Conditions of a VALID DIVORCE

4. Express 5. Presence of 6.Notice of
Words: wife Talaq:

The words of Talaq must

clearly indicate the
The presence of the wife at the time of
pronouncement of Talaq is necessary.
It is not necessary for the
husband to communicate the
husband’s intention to The name of the wife must be pronunciation of Talaq to wife.
dissolve the marriage. So specifically referred to in the Talaq becomes effective from
the pronunciation must pronouncement. Where the husband the moment of pronouncement
be expressed. has more than one wife, he must and not for the time when the

specify and name the wife against wife comes to know.
whom he is pronouncing Talaq.

Conditions of a VALID DIVORCE

7. Conditional & Contingent Talaq:

Sunni Law: A Talaq may either be absolute (i.e. unconditional) or subject to a
condition or contingent (dependent upon the happening of an uncertain
future event). A conditional or contingent Talaq becomes effective only upon
fulfilment of the condition or happening of future events. However the
condition must not be un-Islamic.
The Rebound
Husband
NIKAH TAHLIL AND MUHALLIL


From the Quran :

‫َغ‬ ‫ا‬ ‫ِك‬
‫ْن َح َز ْو ًج ْيَر ُه‬ ‫َت‬ ‫ى‬ ‫َّت‬ ‫ِم‬
‫ُه ْن َبْع ُد َح‬ ‫َل‬ ‫ل‬ ‫ِح‬ ‫َف ِإ ْن َط َّل َق َه ا َف َال َت‬

Meaning: Then if the husband divorces her (after the second divorce), then the woman is
no longer halal for him until she marries another husband. (Al-Baqarah: 230)

From the Hadith ,Rasullah SAW said :

‫ َه َّتى َيُذ وَق‬، ‫َتِح ُل ِل َل َّو ِل َق اَل "‏ اَل‬Iَ ‫ َف َتَز َّو َج ْت َف َط ّل َق َف ِِص َل الَّنِبُّي صلى الله عليه وسلم‬, ‫ َتَّل َق عْم َر َأ َتُه ؛َلًث‬, ‫َأ َّن َر ُج ًل‬
‫ُع ْس َل َتَه اَك َم ا َذ اَق اَأل َّو ُل‬

Meaning: A man divorces his wife with 3 divorces, then his ex-wife marries another man
and is also divorced by him. The Prophet SAW was asked, is it halal or not if the woman
marries her first ex-husband, then the Prophet SAW replied, no, she cannot marry her first
husband until the second husband tastes the sweetness of honey as the first husband did
(until the second husband has intimate relations together). (Narrated by Bukhari, No. 5261)
What is Tahlil /
Muhallil marriage?
The new husband is not allowed to have intimate relations or the
Nikah tahlil / muhallil or new husband when the contract needs to pronounce ta'liq as if
1 he has intimate relations with his wife, he will directly fall into
blind china is a marriage divorce 3.
with a new husband that
aims to legitimize the ex-wife
who was divorced three
The new marriage has been fixed for a time or contract, after the
times by the ex-husband 2 end of the time the husband has to divorce his wife.
with the terms and rules that
have been agreed upon.
For Example:
There are amount of money has been set for the new husband
3 to divorce his wife so that the former husband can remarry.

In fact, the method of tahlil / muhallil marriage or blind Chinese marriage, is used for
couples who are in a desperate situation to return to being husband and wife. In that way,
on the surface, it is a condition and a shortcut for them to remarry.
STORY OF AISYAH ABDUL RAHMAN (WIFE OF RIF'AH)
This problem has been happening since the time of the Prophet SAW. In a hadith narrated by
Imam Muslim which means: Rifa'ah's wife once came to the Messenger of Allah and said: "I
used to be Rifa'ah's wife then I was divorced. She divorced me three times, then I married
Abdurrahman Ibnu Zubair, but my love for him is like the end of a cloth, which is weak lust.

Then the Prophet smiled and said: "Do you want to return to Rifa'ah? Oh, no, before you
really feel his little honey Abdurrahman bin Zubair (have sex) and he also feels your little
honey." (Hadith narrated by Muslim)

The hadith is related to the story of Aisyah bint Abdul Rahman who was divorced by her
husband, Rifa'ah bin Wahab with three divorces.

Then, Abdul Rahman bin Zubir al-Qurazi. Unfortunately, she was also divorced by her second
husband.After that, he came to Rasulullah SAW and said, O Rasulullah, He (Abdul Rahman
bin Zubair al-Quraizi) divorced me before touching me (having intercourse). Can I go back to
my first ex-husband? His Majesty SAW replied that it is not possible as long as it is not
touched (having intercourse with the second husband).
Fiqh scholars agree that if a husband divorces his
wife with triple talaq, the husband cannot refer Islamic legal experts divide the case of blind
back to his ex-wife and marry which is Chinese marriage into several situations:
recognized by Sharia and the purpose of which
remains not a planned marriage (muhallil 1. If it is stated in the marriage ceremony that the
marriage). new husband must divorce his wife in order for the
woman to remarry her ex-husband who divorced her
with triple talaq, then the marriage is invalid and the
‫ { َلَع َر ُس وُل‬: ‫ َق اَل‬-‫ رض ى الله عنه‏‬-‫َو َع ِن اْبِن َم ْس ُع وٍد ‏‬
‫َن‬ parties involved are guilty.
} ‫َا ْلُم َح ِّل َل َو اْلُم َح َّل َل َلُه‬-‫ صلى الله عليه وسلم‏‬-‫َا لَّل ِه ‏‬
‫‏‬. ‫ َو َا لِّتْر ِم ِذ ُّي َو َص َّح َح ُه‬, ‫ َو الَّنَس اِئُّي‬, ‫َر َو اُه َأ ْح َم ُد‬ 2. If the condition is stated before the marriage
ceremony, then during the marriage ceremony the
new husband intends that after marriage he will
Narrated Ibn Mas'ud (RA): divorce his wife so that she can remarry her first ex-
Allah's Messenger (‫ )ﷺ‬cursed the man who made a husband, then experts differ in opinion.
woman lawful for her first husband and the one for
whom she was made lawful (the men involved in
Halalah). [Reported by Ahmad, an-Nasa'i and at- 3. If the wife or her guardian intends for the new
Tirmidhi; the latter declared it to be Sahih husband to divorce the wife so that she can return to
(authentic)] her first husband, then the marriage contract is valid.
 ADDITIONAL
EXPLAINATION ABOUT
"Nikah Tahlil /Cina Buta"
 HUSBAND/ WIFE
THE EFFECTS
Emotions are disturbed by
of DIVORCE negative feelings

The responsibility increases

especially for couples who
have children.

The financial burden of

having to earn a living
THE EFFECTS Child

Behaviour Problems That May

of DIVORCE Arise From Divorce

Mental Health Problems

Impacted Academic
Performance

Deprived of attention & love

THE EFFECTS SOCIAL CIRCLE

Distanced by family
of DIVORCE member as they do not
want t take any sides.

Broken relationship
SO HOW CAN WE AVOID
THIS FROM HAPPENING?
 Thank You for listening.

Please avoid Talak and Strengthen

the family bonding.