Transcript Islamic Studies Courses In Chabot, Ohlone, Mission, and De Anza Colleges Designed and taught By Hafiz M.

Islamic Studies Courses
In
Chabot, Ohlone, Mission, and De Anza
Colleges
Designed and taught
By
Hafiz M. K. Siddiqi, Ph.D.
Islamic Divorce System, its Kinds, Methods
and responsibility and Custody of Children
Talaq means to divorce or to end marital ties
and relationships following a specific method.
The default right of divorce is given to man in
Islam for obvious reasons and conditions which
women had to go through in their bodies, which
May result sometimes in a depression. Despite
those conditions, Islamic Shari’ah has allowed
a woman, if she wants, to demand the right to
divorce from her husband and include it into
the marriage contract as a condition.
If she does that, she may divorce herself any
time she feels unhappy. There are 3 kinds of
divorce:1.At-Talaq Ar-Raj’i: The revocable
divorce, it Means, to divorce using the word
Talaq/divorce in the past or present tense, one
or two times in one or two different occasions.
From the Moment the divorce is pronounced,
the wife will enter ‘Iddah (waiting period of 3
monthly cycles), if the husband wants, he can
revoke it, by words or action.
2. At-Talaq Al-Ba’in: The irrevocable divorce: If
A husband implies the divorce saying “ if you
did that/go there or in any other way” the
Marriage ends immediately. If this is his third
Divorce, then he can not come back to her. If it is
his first or second divorce, he can remarry her
in her waiting period (‘Iddah) or at any time
they both want to come back to each other with
A new Nikah (Marriage) and new conditons.
3. At-Talaq Al-Mughalladh: The absolutely
irrevocable divorce: if a husband says the word
Of divorce in any language, 3 times, using the
past or present tense, in one go or in three
separate occasions or in any sequence, his
marriage has come to complete end, a point of
no return. The only way he can ever marry the
same woman is, if she marries someone else,
knowing that we do not have the concept of
Temporary marriage, and her husband dies or
divorces her, then she can marry her 1st Husband.
1.
Tafweed At-Talaq: To give your wife the right
to divorce. Once it is given to the wife, it can
not be retrieved.
2. Tawkeel At-Talaq: To give to someone other
than your wife the power to divorce your wife.
This power can be retrieved any time the
husband wants to take it back. Both Tafweed
and Tawkeel do not take away from the
husband his right to divorce, in those cases they
share it with him.
3. Kul’: The demand of divorce initiated
by the wife. The husband does not want
to give the divorce or he has no
complaints. In this case, the wife will
have to give up some of her rights. If a
husband does not agree to give Khul’ to
his wife, the judge will instruct him to do
it. In non Muslim countries, the local
Islamic legal council will solve that
problem.
‘Iddah: It is a waiting period a divorced or
Widow has to spend before marrying again:
A.
To find out if there is a pregnancy pending
B.
To contemplate on passed relationship with
Divorced or expired husband C. Plan for a new
Relationship on high religious and moral values
and on the basis of lessons learned from past
Relationship. ‘Iddah for a menstruating woman
is 3 monthly cycles, 3 months for a woman in
Menopause, 4 months 10 days for a widow,
and delivery of the baby for a pregnant woman.
In the time of differences of opinion between
the husband and wife, they should know that
the reconciliation is recommended to be the
better option in the sight of Allah swt, that is
Why the divorce is considered to be the last
Resort, as indicated by the following Hadith.
The divorce is “Abghadul-Halal” which means:
The most hated permissible act in the sight of
Allah swt. (Abu Dawud)
Talaq Sunni: Right method to divorce is to
divorce your wife in her purity period one time.
You should not use all three times, because it
will close all the doors of future reconciliation,
unless you want to do that.
2. Talaq Bid’i: Violation of right method of
Divorce by divorcing in the monthly cycle of a
Woman, and divorcing 3 times in one go.
Talaq of a drunk, angry, and joking person is
Valid.
1.