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    G12 - Separation of Spouses

    Uploaded by

    Muhammed Nehan

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    Lesson Four pels TENE 1. explain the types of marital dssoution. 2. identify the etquete (Ad) and rulings (aim) of Islam with respect to divorce laine ely of ul (uty agreed pon dec but nt byte wi teachesmesa ” Shentoniy intel rie nee infer the wisdom behind marital dissolution, Allah 3¢ says: EIS GAA I Be: Ki (230) OD) EE Be Sig 2. wa-min ay@t ‘an khalaga lakum min ‘anfustkum “azwajan i-taskund‘ilayha wa-j'ale baynakum ‘mawaddatan we-rahmatan ‘inna fi dhalika la-'éytn lqawmin yatafakkardna (Strat al-RGim) And among His Signs is that He created for you mates from among yourselves, that you may duel tranquillity with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect (Sarat al-Rim: 21). Islam legislated marriage for noble and honorable goals. Itis only within a legimate marital union and spousal relationship that it sit possible to achieve psycho-emotional tranquility, Feelings of security, peace of mind and serenity fulfilment ofthe psychological and instinctual needs that Allah has created in ‘both man and woman according to thei ite primordial design and natural human disposition (fitrah). I discuss and propose: ‘basic principles on which one's if partner is chosen, and which is the mast important of these basic principles? + ways and means to prepare those embarking upon marriage as regards their marital rights and duties, y skills to lear 0 Lusi how to remedy normal marital disputes Disputes between spouses are a natural occurrence and are mostly simple and superficial disagreements stemming from misunderstanding, difference in viewpoint or moodiness. Many couples embarking upon ‘marriage think that marital life is only a bed of roses devoid of any problems. However, reality makes it inevitable that such disputes will occur after marriage when each spouse shows his or her true colors and true nature, No two people come together except that points of agreement and disagreement exist between [Marital Dissolution Separation between Spouses| them. This is due to to the difference in psychological and intellectual make-up, and socio-cultural background of each of the spouses, which requires a great measure of patience, conversation and mutual understanding on the part of both parties. This particulary the case during the initial stages of marital life eof kindness, adjust to the demands and exigencies of a new life and realize the end goal of happiness. For this reason, Allah & says: in order to transcend these disputes, achieve intimate social intercourse and cohabitation on a fox 9 ay {Gea ga IESE SUBS Te SE LEAFSNY 19. ... fae'in karihtumdihunna fa~'as ‘an takrahii shay’‘an wa-yaj’ala Ilahu fthi khayran kathiran. (Sarat al-Nisa'’) Ifyou take a dike to them itmay be that you dislike a thing, and Allah brings about trough ta great deal of good (Surat al-Nis' 19), Although patience and good companionship is a joint duty, the husband bears the greater responsibility in accommodating the wife, being patient with her, adjusting to her moods and trying to find favor with her. Itis his responsibility to handle negative issues with wisdom and reasonableness. The previous Quranic ‘verse addresses men: (if you hate and destest the company of your wives, be patient with them and continue to treat them amicably. And it might just be that in the thing you find hateful and detestable there isa great deal of good). However, this does not exonerate the wife from the responsibility of solving the problems, transcending disputes, appreciating the circumstances of the husband, and trying to find favor with him as well. I deduc the benevolent and positive aspects in « husband being patient with his wife if she displays a particular character trait that he dislikes in her. ‘Treatment of nushiiz (ill-conduct stemming from the wife’s rebelliousness or the husband’s cruelty) ‘Meaning of nushiiz(ill-conduct stemming from the wife's rebelliousness or the husband’s cruelty): this ‘occurs when one of the two spouses mistreats the other and deals with him/her as an inferior party thus jeopardizing the marital relationship. Nushiz may occur from the husband or from the wife or from both at the same time. Lesson Four How to treat wife-related nushaz (ill-conduct stemming from the wife’s rebelliousness): Allah says: OPA RELIST, IS AS Steet SAB CALS CE ESE Sh G4 aly { Gyo 34... wall takhafina mushizahunna fa igahunna wa-hjurthunna ff mada‘ wa-drbthunna f'n ‘ata ‘nakum fa-Id tabghii ‘alayhinna sabflan ‘inna !ldha kana ‘aliyyan kabiran. (Sarat al-Nisa’) As to those women on whose part you fear disloyalty and ill-conduct, admonish them (first), (there after), refuse to share their beds, (and lastly) beat them (lightly); but if they retumn to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all) (Sarat al-Nisa’: 34). ‘The treatment of nushiiz (ill-conduct stemming from the wife's rebelliousness) comprises three stages: Firs good counselling (maw*izah hasanah): Ifa husband sees in the conduct of his wife the beginnings of clear negligence and aversive behavior, he has to counsel her and give her advice and guidance in proportion what is needed and the particular case ‘at hand, He has to remind her of Allahdé and of his right over her as a husband, Allah's Messengerasaid: ff woman observes her five daily prayers, fasts during the month of Ramadan, guards her chastity and ‘obeys her husband, she enters Paradise through any of the gates she wishes.” (Narrated by Ibn Hiibban) For counseling and admonishment to serve its purpose, the husband must choose an appropriate time and a gentle manner; he must also observe gracious manners and make sure of giving a good example by honoring his marital duties before admonishing his wife. If the rebelliousness ofthe wife persists, he moves to the second stage. Second: refusing bed-sharing (hajr ff al-magj In this stage, the husband ignores his wife, stops talking to her and ceases to treat her endearingly and in an intimate way. This will make her realize that she no longer serves as a source of solace and tranquility for him, Allahi& says: 2) 2) {GATS IK ths Kah 5s » 21. wa-min ‘ayatihi ‘an khalaga lakum min ‘anfusikum ‘azwajan li-taskundi ‘ilayha wa-ja‘ala baynakum mawaddatan wa-rahmatan ‘inna fi dhalika la-'a-min “dyatihi ‘an khalaga lak. (Strat al-Riim) ‘And among His Signs is this, that He created for you mates from among yourselves, that you may dwell in tranquility ith them, and He as pt love and mercy between you (her) very in hat are Sins for those who retet (Sart aR: 21) This constues a psychologial punishment thet might case hewitt reassess her atde and behavior and correct her actions. However, this option must be exercised at home only, because of the statement of Alas Messenger i BEG “Do not avoid (her) and keep aloof (from her) except inside the home” (Narrated by Abii Dawaid) to Marital Dissolution Separation between Spouses SS 48 TA safeguard their marital secrets. Ifthe wife continues her rebelliousness and oversteps the bounds of good companionship, the husband moves to the third stage. Third Stage: beating lightly (darb ghayr mubarrih) It is beating for the purpose of remediation; its objective is to safeguard marital life against breakdown and maintain companionship and social intimacy. A husband is not allowed to hit his wife using a whip or stick or in her face. He is to use a siwak (small teeth cleaning twig) or a light handkerchief in conformance with what has been reported from the Prophet@#Swhen a man asked him about the right of his wife over him. Heasaid: th A GRE Ny — Gag Bs Gl — gb iy aa iy a ty way a “You should feed her when you eat, clothe her when you clothe yourself, do not hit her in the face, and do not avoid (her) and keep aloof (from her) except inside the home” (Narrated by Abi Dawid). This indicates that beating is a message to the wife informing her that she has overstepped all the boundaries. ‘As for hurting and injuring the wife, it is not permissible because beating is a preventative measure whose objective is to save the relationship and the family. It therefore does not make rational sense to exercise it excessively and persistently. Ibn Hajar al-’Asqaldni ... said: “It suggests that beating them (the wives) is not allowed absolutely (1é yubahu mutlaqan); rather, it suggests that it is detested (yukrahu) to the extent that itis strongly discouraged (kardhattanzih) or prohibited (karthat tahrim)" I deduce and explain the reasons behin the shart'ah rulings relating to His wordst: G4 ey (Sa ENP SG ERH agy 34, ... fa-'in ‘ata’nakum fa-lé tabghi ‘alayhinna sabilan. (Strat al-Nisa’) “but if they return to obedience, seek not a way against them: For Allah is ever High, Exalted, Great”. (Strat al-Nis8’: 34) divorce for no reason constitutes aggression and transgression. > the termination of the holy verse with Allah's words: G4 chat ( GEE SE AISY 34... “inna Haha kina ‘aliyyan kabtran, (Strat al-Nis@’) “For Allah is ever High, Exalted, Great” Strat al-Nisa’': 34). Lesson Four How to treat husband-related nushiz. Allah says: I-conduct stemming from the husband’s cruelty): (28 sat) (8 HELL IR Sea SOE, 128. wa- ‘ini mrdatun khéfat min ba'lihd nushdzan ‘aw ‘i'ridan fa-18 junaha ‘alayhima ‘an yuslihé bbaynahumd gulban wa-s-sulhu khayrun.. (Strat al-Nis’) fa wife fears cruelty or aversive behavior on her husband's part, there is no blame on them ifthey arrange an amicable settlement between themselves; and such settlement is best; (Strat al-Nisa’: 128), how to treat nushiz (ill-treatment or Allahds says: Coy (OSCE ALLS A Bede puta yikes wl Fe 35. wa-'in khiftum shiqiqa baynihim# fa-b ‘tha hakaman min ‘ali wa-hakaman min ‘alibi ‘in yyura ‘slthan yuwaffig lahu beynahuma ‘inna laha kana ‘aliman khabiran. (Sarat al-Nisé’) It you fear a breach between them, appoint (two) arbiters, one from his family, andthe other from hers; ifthey wish for peace, Allah will cause their reconciliation: Surly, Allah is All-Knowing, All-Aware. ) Sorat al-Nisa': 35) I-conduct) related to both husband and wi ‘There is an advanced and modem form in the United Arab Emirates in which this is conducted, which is, the intervention of experts and family guidance to solve marital problems and protect and save the family. This reflects the care and concer of the state for the happiness and stability of the fa infer: ‘the method for treating ill-conduct (nushiiz) and marital breach (shigaq) in the above verses: 2007 | 3761 2008 | 385s ‘Types of Marital Dissolution (Termination| Sanaa Islam has surrounded the marital relationship with every support measure aah| arse that provides for a long-lasting and enduring relationship from the time of initially thinking about establishing such a relationship until after marriage. 2011 4145 ‘As such, it has legislated rulings (ahkam) and moral standards of behavior aaa ase (dab) that strengthen the marital relationship and protect it against breakdown and dysfunction when differences and disputes arise as well as assist in a ee reconciliation and reaching mutual agreement. Wisdom, however, sometimes | 2014 | 1809 dictates that spouses separate if separation is the lesser of the two evils, for an. Marital Dissolution Separation between Spouses| atmosphere of on-going disputes and never-ending arguments does not sustain a healthy environment conducive for rearing children and brings about misery for both husband and Head: wife who have no affection for one another. The continued iwi aes existence of such a relationship without solving the problems may lead to the occurrence of major criminal and indencent actions such as murder or fornication, Therefore, Islam legslated various types of marital dissolution as per the need of each ofthe two spouses. Marital Dissolution are of three types: > First type: dissolution by talg (divorce) atthe instigation Jf (another) one of them comes and says: JE or behest of the husband. Seat eee aenaenaS : X civision and separation between him and. db > Second type: dissolution by acceptance of the husband} his wife. He (he Prophet) said: Then, through the means of Khul” (mutually agreed separation) Pe CPS) bri im lose ona and Which is atthe instigation or behest ofthe wife in retumm ae the one who has done wel”, (Narated for compensation given by her or on her behalf. > Third type: dissolution by taftg gad Gudicial separation) based on the judge's decision. + The First Type of Marital Dissolution: Talag (Divorce) Divorce: terminating the bond of a valid marriage by a specific utterance (the utterance of talaq (divorce) or any substitute utterance signifying the same meaning of talaq]. The legality (mashriiyyah) of divorce has been attested to in the Holy Qur'an: 22955) {yesh SU lie SCABIES SA 229, attaliqu marratdni fa-'imsikun bi-ma’rifin ‘aw tasrThun bi-ibsdnin .... (Strat al-Bagarah). “A divorce is only permissible twice: after that, the parties should either hold together on equitable \qarah: 229). terms, or separate with kindness...” (Strat al- ‘The Legal Ruling on Tala (Divorce): divorce is permissible, and is legislated whenever needed, and despite this, itis the halal (permissible) thing most hated by Allah3&, infact, it is forbidden (harm) if done so for no valid reason or ifthe husband intends thereby to hurt his wife because divorcing a woman without a valid reason amounts to aggression and transgression. Islam has made talaq the sole right of the husband; but it has not given him possession ofthis right absolutely without any restriction and limitation. On the contrary, he is restricted as regards the number of taliq pronouncements he is allowed to make, the particular time he can effectively and validly do so, and he is also governed by certain moral standards (Gdab) and ethical values (qiyam) by which the husband is bound and which safeguard the wife against injustice and transgression. Allah3é says: Lesson Four G4 okay Cog aS Bo FS I Lag OLS Jey) 34, ar-rijalu qawwamiina ‘ala n-nis®’i bi-ma faddala Ilahu ba'dahum ‘ald ba'din wa-bi-ma ‘anfagi min ‘amwalihim ... (Sirat al-Nisa’). “Men are the protectors and maintainers of women, because Allah has given the one more (strength) than the other, and because they support them from their means...” (Strat al-Nisi: 34). Texplain why: Islam made divorce the right of the husband alone. ¢ Because he is more patient and tolerant. + Moral Standards of Decency Relating to Divorce (Adab al-Talaq): When differences and disputes between spouses deteriorate to such a level that the matter has reached the point of divorce, then Islam has legislated certain morals standards of decency (Ab) that the husband has to adhere to during the time he divorces his wife. This isto ensure that the husband does not actin «rash and careless way or causes harm to his wife even if she transgresses the boundaries and behaves disobedient. p33 Of these morals standards and manners of decency (dab) is what has been reported on the authority of "Abdullah ibn ‘Umar that he divorced his wife while she was menstruating and this occurred during the lifetime of Allah’s Messenger #. ‘Umar ibn al-Khattab . asked Allah's Messengeriabout that. Allah's Messengerapsaid: “Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and ithe wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the period (ie, period of purity from menses) whi in” (Narrated by Malik) Alllah has ordered that women are meant to be divorced I deduce: ‘¢ the case in which Allah’s Messengerasdetested divorce, ¢ the time that Allah's Messengersspecified for divorce. sl Bt Marital Dissolution Separation between Spouses| Teomplet "Allah says: | 2295.80) 5.055) gules DIB IG BI) | Allah say |229, af-taliq maraténi fa-imsikun b-ma'rifin ‘aw _tasithun biibstnin .. Strat al Bagarah). “A divorce is only permissible twice: after that, the | partes should either hold together on equitable terms, | or separate with kindness..." (Sorat al-Baqarah: 229) comad ily aut abiye aligned 9 ‘fa-talliqihunna li~’iddatihinna wa-abs0 |-'iddata ... (Strat al-Talaq). “O ropht When 0 oda wor, hrc th prac ean count (accurately), their prescribed periods...” (Siirat al- ‘Tallq: 1) Aas | Mab aii id saat) | ou) (4 D4 GSS J 8 | (2 pia lon | bi-ma'rafin Fae acuaaias Wa oes wes an | dhaway ‘adlin minkum wa-'aqim@ sh-shahadata li- | Mahi ... (Strat al-Talaq). | Thus ‘when they fulfil their term appointed, either tke ots meget at ih neq ems ade fr wines to pena _ from among you, endued with justice, and establish | the evidence (as) before Allah...” Strat al-Talaq: 2) -over in the lesson ‘Muslim scholars have divided divorce into: Tala Sunnt (divorce based on sunnah): ‘Tallq Bid'T (divorce based on innovation): Spreading the faliq pronouncements out over time; and not combine them in a single uterance or a single session, In order thatthe ‘iddah (mandatory waiting ce must oceur during period of purity from period) not be prolonged menses (i. between two by pregnancy and that he ‘menstrual cycles) in which divorce her while he isin the husband didnot engage a state of being sexually in sexual intercourse with attracted to her (and his wit. therefore cause him to reconsider his action). ‘The presence of witnesses constitutes an opportunity for reconciliation between the spouses and a protection “ofthe rights ofboth parties. Lesson Four Tanticipa the impact of people adhering to the moral standards od decency relating to divorce (dab al-talq) Iddah (Mandatory Waiting Period): (One of the things that follow as result of ending the marital bond is the obligation ofthe wife to observe ‘dah (a mandatory waiting period). ‘Iddah is a period determined by the Shari'ah, which a woman spends after separation from her husband during which she is prohibited from marriage. Its duration differs according to the cause of separation and the state ofthe wife. I deduce: from the following holy verses, the duration of ‘iddah (the waiting period) according to the state of the wife and the cause of separation: EEE Holy verse ‘and eause of pDuration of Bore aa ERE —_ 3, wac-muallagitu yatarabbagnabi- anfusihira thalthata quran... | Woman (divorcee) | PTS ay 225 wom | “Divorced women shall wait concerning themselves for three monthly. ‘menstruates | assty (cai i | | | Gay (6245 git i>] eee’ patter his en ac meet | ‘thaldthatu ‘ashhurin wa-Ila7 lam yabidna ... (Sdrat al-Taléq). | Seeeeeaebi ee ee Cs ea | See ore ata eee ee | donot menstruate (itis the same)...” (Strat al-Tallg: 4). _ | Allahge says: 03 5 | 25. wo-adinyusvatsome inane yearn ven | yatarabbagn bi anusihinna ‘arba'ata‘ashhurin wa ashran ..(SOrat al- | | Bagarah). “fany of you de and leave widows behind, they shall wait concerning themselves four months and ten days. (Stet al-Raqarah: 234) 34 Marital Dissolution Separation between Spouses| 4 shy Gils EIA EES Allah says: "ula abmali‘jalubunna “an yaga'nahamlahunns (Sarat al- Talaq) “fo those who carry (life within their wombs), ther period is unt they deliver their burdens...” (Sarat al-Taliq 4). | Allahas says: aisha ad iain | | HERG ALS A iets Bog ES yea 49, yi ayyubi Iladhina 'Smant‘idh nakabtumu L-mu'minati thumma {allagtumdhunna min gabli ‘an tamassohunna fama lakum ‘alayhinna min “iddatin a 'taddnaba... (Sorat al’ Ahab) “0 you who believe! When you marry believing women, and then divorce them before you have touched them, no period of 'iddah have you to count in respect of them...” (Sarat al~ Abzab: 49) deduce the wisdom behind the legislation of ‘iddah clarifying the importance of marriage and highlighting the danger of terminating it. . + ’ ‘The Pronouncements of Divorce (Alfaz al-Talaq): Divorce occurs by a clear and explicit pronouncement (laf sarih) such as when a husband says to his “You are divorced”. It also occurs through an allusive and implicit pronouncement (lafz kind’) such. ‘as when a man says to his wife: “Join your family; you are no longer under my care and protection”. Conditional Divorce (Talaq Mu'allaq): this is when the husband makes the divorce of his wife contigent ‘and conditional on a future event, such as when he says to her: “If you do such and such you are divorced, or if you do not do such and such you ae divorced”. Scholars disagree on whether conditional divoree is legally effective when the condition is satisfied and hold two views (inthis regard): ‘The majority of scholars are of the view that if the condition is fulfilled, then the divorce is legally effective, Some scholars are ofthe view that ifthe condition is fulfilled, then the intent is to be examined. Ifthe hhusband’s intent was to effect divorce, then the divorce is legally effective. IPhis intent, however, was merely to threaten (his wife) and to swear an oath (yamin), the ruling is similar to the ruling of the oath, that isto say, the divorce is not legally effective and the husband is obliged to expiate his oath (this is a matter to be referred to the Shari'ah courts in the state for adjudication), Lesson Four Texpress a view and give a reason for which of the two views do I give preference to (over the other)? [reflect and critically assess: the conduct of someone who swears an oath of divorce (such as: Divorce is incumbent on me because of you eating this food). Kinds of Taliq (Divorce): During the time of pre-Isla Arabic, (the pronouncement of) tallq (divorce) did not have a specific ‘number of times. A man would divorce his wife and then revoke the divorce at will. However, Islam came and did justice to women and restricted divorce to a limited number of times and delimited its repeated occurence with tight and strict conditions to prevent people from becoming wayward and irresponsible and violating the honor and rights of others. Therefore, we find that tallq ~ according to the number of times its pronouncement is legally effective — is divided into three kinds: Fin + Talaq Raj'T (Revocable Divorce) (22955) ter ts Ca SE SA 229, af-alaqu marratani fa-'imskun bi-ma'rifin ‘aw tasrihun bi-'ihsnin ... (Strat al-Bagarah). “A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness...” (Strat al-Bagara: 229) Ifa man divorces his wife for the first or second time, the divorce will be revocable during the waiting period ~ ‘iddah, ic. the man has the right to return to and reconcile with his wife as long as her waiting period has not expired without a new a marriage contract or new dowry because the marital relationship still exists, Second: Talaq Bain Bayndnah Sughra (Minor Irrevocable Divorce): ‘This occurs after the expiry of the waiting period (‘iddah) of the woman divorced for the first or second time where she becomes irrevocably divorced and separated in the minor sense. This means that the ‘marital relationship between husband and wife has terminated, and should he want to return to her, then it ccan only be by her consent and by a new marriage contract and a new dowry. She should neither be forced into it nor be prevented from it. ‘Third: Talaq Ba'in Baynonah Kubra (Major Irrevocable Divorce): Teen ophaese Spe Aes roo & PAs) 4 230, fa-'in tallagaha fa-Ia tabillu lahdi min ba'du hattd tankiha zawjan ghayraha fa-'in tallagaha fa-la junta ‘alayhima ‘an yataraja'8 “in gana ‘an yugima huddalahi wa-tlca hud ahi yubayyimahi ie Allahs says: 56 Lesson Four NSA ee NNE ST ec Sh cE SS ad Lei tS gue Us Sp 6) (O GME Set KGB Ae Gy STOCK AIS 229. at-talqu marratani fa~'imsakun bi-ma'rdfin ‘aw tasriun ihsanin wa-lé yahillu lakum ‘an takhudhd mimmé ‘Staytum@hunna shay'an ‘illa ‘an yakhafa ‘alla yugima hudida Il ‘in khiftum: “all yaqima huddda Ilahi fa-1a junaha ‘alayhima fi-ma ftadat bihT tilka hudGdu [ahi fa-la ta'tadaha wa- man yata'adda hudiida Ilahi fa-'uld'ika humu z-zalimina. (Sirat al-Baqarah) “A divorce is only permi terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your \wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. {If you (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she gives something for her freedom. These are the limits ordained by Allah, So do not transgress them; if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others)" (Strat al-Baqarah: 229), (The limits ordained by Allah) ie. kindness and observing spousal rights. ible twice: after that, the partes should either hold Together on equitable Ibn “Abbas <& narrated: The wife of Thabit ibn Qays ibn Shammas came tothe Prophetaband said, “O Allah's Messenger! I do not blame Thabit for defects in his character or his religion, bu I, being ‘4 Muslim, dislike behaving in un-Islamic manner (if remain with him).” On that Allah's Messenger ‘®said 10 her), “Will you give back the garden which your husband has given you (as Mahr)?” She said, “Yes.” Then the Prophet said to Thabit, “O Thabit! Accept your garden, and divorce her once.” (Narrated by al-Bukhaet) > Allah's Messengerassai reason will not smell the scent of Paradise” (Narrated by Abi DAwiid), Mutually agreed divorce (Khu) is forbidde “Any woman who requests her husband to divorce her without a valid 'a wife succumbs to waywardness and wants to hurt the husband. > Allahds says: Kditeh IV Hint on PREETI IM Levies iigly) Coty {OD an GS 55 SERENA Saga LASS S sh Shy 19. y@- ayyuhé ladhina ‘amani 14 yabillu lakum ‘an tarithd n-nis@’a karhan wa-ld ta‘ duldhunna li- tadhhabi bi-ba'di ma ‘ataytumahunna ‘illd ‘an yatina bi-fabishatin mubayyinatin wa-‘dshirahunna bi-I- ima‘ fin Karhtumthunna faa an okra shay’ an wayaj‘ala chu hi khayran kathiran, (Strat al-Nisf’) 37 Marital Dissolution Separation between Spouses| minor irrevocable divorce (talqah bainah bayndinah sughra). pass a legal judgment explain the reaso + Awoman asks her husband for a divorce because he contracted AIDS. aoe Dison ¢Awoman asks her husband for a divorce because he forces her to drink alcohol. Fourth: separation due to the absence of the husband: Ifthe husband is absent and away (from his wife) and his whereabouts are not known, or it is known but he refuses to return, the woman has the right to ask for a divorce after the lapse of one year or more since his absence. The judge has the prerogative to divorce her from her husband after looking, search and ‘making inquiries about hos whereabouts and asking the husband to return if his whereabouts are known. at the behest of the husband: Its types: | 1 divorce 2 divorce 3 divorce ‘mutual agreed divorce (khul') by the ruling of a judge: 60 Lesson Four Tes causes 1. Separation ‘Type of divorce: 2, Separation due to failure to support and maintain the wife ‘Type of divorce: 3. Separation | “Type of divorce: 4. Separation | Type of divorce: Tanswer by myself: _ a - + First: write the type of divorce against each case in the table below: Divorce Scenario Divorce Type ‘A husband divorced his wife forthe fist time and her ‘Aman divorced his wife forthe third time. ‘Aman divorced hs wife forthe second tne and her waiting period (iddah) expired, - a | ‘Arman divorced his wife forthe second time and she was still in her waiting period (‘iddah). ‘A man divorced his wife forthe first time and her waiting perio ial expired. | + Second: compare “the different types of divorce to one another in terms of characteristics and consequences: ‘Type of Divorce Characteristics Consequences Revocable divorce (al8q raj") a - tS Marital Dissolution Separation between Spouses| Minor irrevocable divorce (jal8q bain bayndnah sughra) Major irrevocable divorce (taldq bain bayndinah kubra) “*Mutually agreed divorce (kinul’) and judicial separation (taftiq qada'7) in terms of similarities and differences. ‘Mutually Agreed Divorce (Khul') ‘Judicial Separation (Tafriq Qada'T) ‘Similarities Differences: _ * The oath of condemnation (lin) and divorce (talaq) in terms of meaning and consequences: Aspect of Comparison Oath of Condemnation (Li'an) Divorce Meaning | Consequences ‘Thi: puta tick () against the correct statements and across (x) against the incorrect ones: ‘Mutually agreed divorce (khul’) is a separation at the behest of the husband. 'Spouses are separated if it is the lesser of the two evils. /Moral standards of decency pertaining to divorce dictate that a man give his wife three pronouncements of divorce all at once. Separation by mutually agreed divorce (khul’) is a major irrevocable divorce (talaq bain bayntinah kubra).. Jn imaginary, happy marital life is a life without arguments and disputes. The primary and default position of divorce (taliq) in Islam is that it is forbidden (haram). Islam legislated mutually agreed divorce (khul’) to relieve the wife. Divorce by an allusive and implicit pronouncement (lafz.kind’T) presupposes intention. The legal ruling on divorce, if itis for no reason, is that itis permissible. Lesson Four + Fourth: I explain the reasons behind the following: 1. Having witnesses present at a divoree is one ofthe moral standards of decency pertaining to divorce (dab al-alaq), 2. The husband has the right to take back his wife during the waiting period (‘iddah) ofthe first or second pronouncements of divorce. ‘+ Fifth: encircle the letter indicating the correct answer in each of the following 1. 1. anallusive and implicit pronouncement (laf kin8'7) of divorce is: a. You are divorced. b. You are divorced if you do so. c. You are not in my marriage bond. Perrone corer ‘The United Arab Emirates has supplemented the Shar¥'ah courts with family {guidance and reconciliation departments. Write a report on these departments, and its preferred to pay a visit to one ofthese departments and meet the officals 2. The ideal Shari'ah solution, when itis impossible for the two spouses to live together and reconcile between them, is: . continuing marital life in an atmosphere of ongoing hostility and hate (kurh) b. continuing marital life while at the same time avoiding one another and sleeping separately (hajt) «. dissolution of mariage by divorce (tal8q) 3. Divoreing a woman during her menstrual period is: «a. faliq sunni (divorce based on Sunnah) ».taliq bid’T (divorce based on innovation) . not a tallig (divorce) 4. The following is not a remedy for wife-related nushiz (ill-conduet stemming from rebelliousness): 4. severe beating b. refusing bed-sharing ¢. good counseling Dissolution Separation between Spouses} Degree of Achievement SN ‘Area of Application Average Good Distinguished 1 | xplan the types of marital solution between spouses. | Liner the signifiance of choosing the 2 principle of the lesser of the two evils in relationships 4 _ Lam motivated and make effort to leam the methods of confit result identity the moral standard of deceney 4 and legal rulings pertaining to divorce (alg) and mutually agreed divorce (kh) Lesson Lexicon Term Meaning to allure a wife into seeking divorce and corrupting her relationship with her husband {takbbib~to turn awoman Allah's Messengergsaid against her husbs tesa Soe ented “He isnot one of us who tur @ woman against her husband." (Narrated by Aba Dawa), tafitg bi buk al-qigt_ a separation ordered by a judge for reasons that prevent the continuity of mart ie (separation by a judicial ruling) Mostly itis decided by the valuation ofthe judge and his independent reasoning ith). ul inthe linguistic sense means: ‘extracting or pulling ou’ (naz), and in the Islamic nal’ atallyMETe#2 egal sense: the separation ofthe husband fom his wife (based on her request) fora Te ‘compensation paid by the wife. terminating the bond ofa valid marrage by a speciic uterance (the uneranceof alg ts Gio) (divorce) or any substitute uteraee signifying the same meaning of ala) {liq bin bayndnah gughra expiry ofthe wife's waiting prio (iddah resulting fom the frst or second divorce (ininor irrevocable divores) without her husband revoking the divorce and taking her back. {alg bain baynonah kubra eae ae arrctirone) whet man divorces his wife fo hr tine tab ars batd oor cnn cn Wht Sha shea See a {altg sunat (divorce based on nah) {alg mu’allag (conditional This occurs when a husband attaches divorcing his wife to a future happening such as divorce) | when he says to her: “If you do such and such you ae divorce Aivorce occurring according to whet Shat sh endorses. ‘period specified according 1o Sha a during which a woman abstans from marriage “iddah (waiting period) The duration of the waiting peiod dies with the different reasons of separation and the

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