Divorce

Introduction :
Praise be to Allah, Lord of the worlds, and prayers and peace be
supervised the creation of Mohammed( peace be upon him) , this research
will address a social issues, which is divorce1. The reason for choosing
such research is that Islam urges the coherence of the family considered
as the first adobe for building of faith community, Since Islam address
many of the problems of family breakdown in the divorce order not
expand its Repercussions to many communities2 .
The Quran draw limits of divorce in blessing surah named surah At-
Talaq , to prevent the society violation of the family argues and leave
the door wide open for the recovery of family relations. Our Lord
Almighty said (And those limits of God and who exceed the limits of
Allah he has penalized himself you don’t know perhaps God occurs
after that thing) "Divorce, verse1" Through this report we will learn the
concept of divorce, types and legitimacy in Islam.

Divorce
Our Lord Almighty said ( O prophet when you divorce women ,
divorce them at their Iddah "prescribed period" and count" accurately"
their Iddah "periods" . And fear Allah your lord (O Muslims). And turn
them not out of their (husband's) homes nor shall they (themselves ) leave
, except in case they are guilty of some open illegal sexual intercourse .
And those are the set limits of Allah . And whosoever transgresses the set
limits of Allah, then indeed he has wronged himself. You (the one who
divorces his wife) know not it may be that Allah will afterward bring
some new thing to pass (i.e. to return her back to you if that was the first
or second divorce).

1
Clarke-Stewart, Alison, Divorce causes and consequences, 1943-New Haven [Conn.] : Yale
University Press, c2006.

2
http://www.ismonline.org/articles/Divorce.htm
Divorce definition:
Divorce is a separation of both husband and wife from each other in
formally and legally form. This happened between the two in agreement
or willing of one , a divorce is found in many cultures of the world, but
not in the Orthodox Church, for example3 . A divorce is not a loveable
phenomenon, because it may bring many problems, especially for family
that has children not attained the age of Puberty . It was mentiond in
Hadith ( legitimate hated to God is divorce) narrated by Abu Dawood ,
Ibn Maajah.

Provisions of the divorce:

Divorce means separation between husband and wife according to
conditions and Provisions of legitimacy . It is strongly hated, according
to Hadith Imam Sadiq peace be upon him , that the Prophet ( peace be
upon him said "there in nothing more lovable to Allah, than a house built
in marriage, and there is no more hated thing to Allah than a house is
destroyed by divorce", and came from Imam Sadeq peace upon him as
well "is something, which God most hated him from Halal to divorce,
and that Allah hates the unreasonable divorce.
Islam pays attention to the continuity of marriage bond between spouses
and preserves family entity. And husband as responsible protector in the
family to solve the problems with his wife which was the best, and path
all methods that maintain the marriage bong. If matters becomes serious
, and the problems to be difficult on the internal solution so fear of
falling in discord between them, should-as relevant script, resorting to
sue to the relatives of the both parties before thinking of divorce, family
of the husband sends arbitrator from them and other arbitrator from the
family of the wife to discuss the reasons of the fight and its causes, and if
they reached a mutually satisfactory solution, the arbitrators are trying to
apply it , if the husband and wife are willing to continue their lives, they
will agree with the solution, and their relation return to normal
naturally. Allah said (if you fear a breach between them twain (the
"husband and his wife " , appoint two arbitrators , one from his family
and the other from hers; if they both wish for peace , Allah will cause
their reconciliation . indeed Allah is ever All-Knower , well –Acquainted
with all things )surah An-Nisa , verse 35.
It is not desirable in Islamic legitimacy resort to divorce without
cautiously, and without other ways conduct to avoid what Al- Ahadiths
consider hated. Prior statement terms and conditions are inspired by
some of the verses mentioning insights and visions Of any noteworthy

3
http://safia71.tripod.com/divorce.htm
wise about divorce, and show a number of honest stories of attitude of
Islam toward this negative phenomenon in the society .

Divorce conditions:
Allah said (Then when they are about to attain their term appointed,
either take them back in a good manner or part with them in a good
manner . And take as witness two just persons from among you "
Muslims " . And establish the testimony for Allah. That will be an
admonition given to him who believes in Allah and the last day4 . And
whosoever fears Allah and keeps his duty to Him , He will make a way
for him to get out ( from every difficulty ) .Surah At-Talaq,verse 2.

Things required in divorce validity:

First : The divorce with composition idiom , not by informing idiom .
The true phrase in divorce is a word ( you are divorced ) addition to the
pronoun or reference to wife or name as saying (you are divorcing ) or
(this is divorced ) and refer to her or (so-and –so is divorcing ) and name
or each word absolute to the divorcing woman . but the informing
phrases such as saying ( you divorce ) or ( divorced my wife ) or the
other phrases such as ( go to your family ) or( I have no relation with
you ) And the like, do not occur the divorce.
Second : Famous among arrears jurists requirement of Arab language
of divorce for who able on that , but the legitimacy evidences were not
help to such a condition for non-Arabs, but it must do what the famous
saying to a great interest shariah with the family's matter .
Third : saying the word divorce for who is able to speak without
sufficient indication or writing. This is the famous opinion among
jurists5 , but there was a narrative with a divorce in writing with the
intent and witnesses and all conditions for who absence on his wife. But
incapacity to speak like mute , there is no problem in validity of divorce
in writing or indication .
Fourth: divorce can not handled on condition such as saying (if my son
comes from his traveling you are divorce ) or ( if you left home without
my permission you would divorce ), so divorce on condition is void.

4
El Alami, Dawoud Sudqi, Islamic marriage and divorce laws of the Arab world 1953-London ;
Boston : Published for CIMEL SOAS by Kluwer Law International, 1996.

5
Ghassan Assa, marriage, divorce and bigamy in Islam, religious conditions and modern Muslims
justifications, Beirut, Alsaqy house for publishing and distribution, 2004.
Types of divorce in Islam:

1- Revocable divorcing: is that owns the husband after saying on his

wife to take her to his covert without new contract or new dower as
long as is in her iddah , divorce was not preceded by a divorce, or
preceded by a one or two divorces6 . And jurists that retroactivity
divorcing in a wife for the survival of many marital effects until it ends,
then Iddah marriage between them fully, so reactionary during Iddah
inherit her husband if he dies and her husband inherited her if she dies,
and some jurists sees that falls during iddah a divorce , unhide and
take off . Some jurists suffice to return a divorcing woman revised by her
already, unlike others who require that a review by saying.
2- Minor irrevocable Divorce: is a man can't return his divorced
wife into his covert after new contract and dower7 . For example, the
man says to his wife: you are divorced, and then leaves without revision
to cease upon her; you can't take her back it only with authorization and
consent dower new held.
3- Major irrevocable divorce: is that the man cannot return his wife
to him after except after another marriage . Her new husband should not
be from her x- husband side and without any mutual agreement between
the both men. He can marry her again after her divorce from the new
husband.

Conclusion:

Through this research, the right of divorce in Islam stressed women

status, the persistence of married life with a right to divorce a notification
on the wife and husband wants this wife , and marriage is not just social
police, but is a spiritual Union as bodily , the human find his instinct,
psychological and physical needs. And with that marriage as well as the
normal of creation can vary it fits within the husband and wife, their life
will be as hell, here comes the divorce to take them away both spouses
which occupied of error to start life with another partner. If Islam had
legalized divorce, but makes it the last rank, and make its types and then
husband and wife to sections should ascertain for harmony not to break
6
Ahmed, K. N. (Kazi Nasir-ud-Din),The Muslim law of divorce,
New Delhi : Kitab Bhavan, 1978.

7
"Triple talaq: Legal status," Wikipedia, at: http://en.wikipedia.org/
this holy bond, and initiated Association of provisions which would be
wrong and amend warp before having to divorce, and that Islam make
free choice of spouse. She is not to be forced on some one that she hates.

References:
1. http://www.ismonline.org/articles/Divorce.htm
2. "Triple talaq: Legal status," Wikipedia,
at: http://en.wikipedia.org/
3. Ghassan Assa, marriage, divorce and bigamy in Islam,
religious conditions and modern Muslims justifications, Beirut,
Alsaqy house for publishing and distribution, 2004.
4. http://safia71.tripod.com/divorce.htm
5. Clarke-Stewart, Alison, Divorce causes and consequences,
1943-New Haven [Conn.] : Yale University Press, c2006.
6. El Alami, Dawoud Sudqi, Islamic marriage and divorce laws
of the Arab world 1953-London ; Boston : Published for CIMEL
SOAS by Kluwer Law International, 1996.
7. Ahmed, K. N. (Kazi Nasir-ud-Din),The Muslim law of
divorce,
New Delhi : Kitab Bhavan, 1978.