Anonymous
Anonymous asked in Society & CultureReligion & Spirituality · 1 decade ago

Muslims, how does a man divorce his wife in the religion?

Does he have to do it 3 times? Does the wife have to sign papers? This is a very serious personal question.

Non-musims and hecklers please overlook this question

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  • 1 decade ago
    Favorite Answer

    To sum up what "thetruth" has said... This is the following.

    The prescribed procedure for divorce, should a man intend to do so, according to the ‘shariat’ is the following: the husband should wait till the wife starts her menstrual period. He should wait further till she is off, has bathed, and is clean. He may now utter the pronouncement of divorce, provided no sexual contact has occurred between the two since her last period. If it has, he needs to wait till she menstruates again. Divorce should be pronounced only once. No sexual activity may occur after that, and the wife should continue to live in the same house until the period of 'iddat' is over. During that time, the husband may change his mind and return to his wife. In that case the divorce would be considered to have been revoked. Reconciliation is more likely if both continue to live in the same house. Unless revoked, the divorce becomes effective at the completion of the 'iddat'. The marriage is officially over and she is no longer his wife. The same is true if __ the first having being revoked __ it happens to be the second divorce. He can no longer exercise his option to revoke the divorce, but he can still remarry her. If the divorce has been pronounced only once, the couple can still enter into wedlock at any time during their lives. With a fresh 'mehar' (nuptial dowry) and after another 'nikah' (wedding) they can once again become husband and wife. If on the other hand, divorce has been pronounced thrice the separation becomes irreversible. The third divorce cannot be revoked or annulled. Regret, remorse, and repentance is of no avail, and such a couple cannot remarry. A woman divorced thrice by her husband __ whether or not any of the divorces had been revoked __ needs to wed another man, consummate that relationship, be divorced by him and go through another 'iddat' before she can marry her first husband. That is called 'halala'.

  • 1 decade ago

    Most people are not familiar with the rules of divorce, and often times they squander away their chances to settle a domestic squabble. Many salvageable marriages are lost, simply because divorce is invoked in a casual and callous manner.

    Divorce is certainly discouraged and disliked, except under certain unavoidable circumstances. A hadith declares, "Among all the permissible and legitimate acts, divorce is the most hated in the eyes of Allah."

    Islam has maintained a judicious and intricate balance between the preservation and protection of family on the one hand, and the freedom of choice of the couple on the other. It details the procedure along which separation can proceed, if the marriage breaks down beyond the possibility of reconciliation. Thus, it avoids the stifling suffocation found in Hinduism, which does not allow divorce under any circumstances. Nor does it leave the matter to the whims of the individual, as is the case in the western societies. There, the society appears not to be concerned about the relationship between a man and a woman.

    The Qur'an recommends four steps to save the marital life from ruin before contemplating the decision to divorce.

    1) If the wife is defiant and disobedient, the first step is to talk to her. Perhaps she would understand.

    2) If she refuses to listen, the husband may, in her own home, quit sleeping with her. That may persuade her to stop being defiant.

    3) As a last resort, the husband has been permitted to punish his wife with a light beating. This is allowed when all else fails, and in order to save the entire family from total ruin. This is a last ditch measure, and is designed to teach a lesson, not to inflict an injury.

    4)Despite the above measures, some women would continue to be defiant and obstinate. Beating such a woman on a repeated and regular basis __ especially if there are children watching __ would benefit no one. It cannot be condoned and is not permitted. It can only turn a home into a battle arena. Allah has addressed the Muslims and has enjoined that in such cases, an arbiter should be chosen from each family. If peace is at stake between a husband and wife, and the matter can not be resolved through dialogue within the family, then an attempt should be made to save the marriage through arbitration. Perhaps divorce could still be averted.

    AND FINALLY:

    The preferred procedure for divorce has been described by the Qur'an. Allah says:

    Many authentic scholars of Islam __ the ulema __ have written detailed interpretations of the verse Al-baqarah 229 which clears that under no circumstances should divorce be proclaimed thrice in the same sitting. It is certainly contrary to the Qur'an and the hadith. It is a manifest sin, and amounts to poking fun at the verses of Allah. It has been called an atrocious act.

    The prophet, SAW, once came to know about a man who had proclaimed three divorces to his wife, all at the same time. With extreme displeasure the prophet remarked, "you play around with the verses of Allah, even while I am still present among you."

    The prescribed procedure for divorce, should a man intend to do so, according to the ‘shariat’ is the following: the husband should wait till the wife starts her menstrual period. He should wait further till she is off, has bathed, and is clean. He may now utter the pronouncement of divorce, provided no sexual contact has occurred between the two since her last period. If it has, he needs to wait till she menstruates again. Divorce should be pronounced only once. No sexual activity may occur after that, and the wife should continue to live in the same house until the period of 'iddat' is over. During that time, the husband may change his mind and return to his wife. In that case the divorce would be considered to have been revoked. Reconciliation is more likely if both continue to live in the same house. Unless revoked, the divorce becomes effective at the completion of the 'iddat'. The marriage is officially over and she is no longer his wife. The same is true if __ the first having being revoked __ it happens to be the second divorce. He can no longer exercise his option to revoke the divorce, but he can still remarry her. If the divorce has been pronounced only once, the couple can still enter into wedlock at any time during their lives. With a fresh 'mehar' (nuptial dowry) and after another 'nikah' (wedding) they can once again become husband and wife. If on the other hand, divorce has been pronounced thrice the separation becomes irreversible. The third divorce cannot be revoked or annulled. Regret, remorse, and repentance is of no avail, and such a couple cannot remarry. A woman divorced thrice by her husband __ whether or not any of the divorces had been revoked __ needs to wed another man, consummate that relationship, be divorced by him and go through another 'iddat' before she can marry her first husband. That is called 'halala'.

  • Anonymous
    5 years ago

    I think he has to say ''i divorce thee'' three times and once he says that its over but in Islam divorce is hated and only considered if there is no possible way of reconciliation.Then they get papers made up in the mosque to make it official.Thats all i think

  • 1 decade ago

    If he says it three times, they have to be on 3 separate occasions. According to my source, it should be 3 months between the announcement of divorce. I believe Islam (along with Judaism) is one of the religions in which a woman can cite her husband's lack of a sex drive as grounds for divorce.

    In many Arabic cultures, a woman has a box in which she keeps her dowry and other money that her brothers and loved ones give to her. No one, especially her husband, is allowed to open the box. It belongs to her alone and its main purpose is in case her husband abandons her.

    Source(s): http://www.jamaat.org/islam/WomanDivorce.html Btw: I believe witnesses must be present (probably 4, the same number needed to prove adultery).
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  • Anonymous
    1 decade ago

    Divorce is really a intricate issue.

    And please please don't make a desicion without properly consulting a Hafiz (learned person). Yahoo answers may not provide the correct information.

    There is a alimony that needs to paid and also depends on the situation..and also it can easily lead to a grave sin in the eyes of Allah (SWT) if you don't follow the shariat.

  • 1 decade ago

    You mean like if the husband says he would like a divorce three times then you are divirced? A little farytale like but now you do need the legal documents :)

  • 1 decade ago

    Talak Talak Talak!

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