Misconceptions about Divorce

         What do the scholars say about the issue that nowadays the trend of giving divorce has increased a lot? People give triple talaq together verbally, in writing, or over the phone for a small matter and later get very upset and try to reconcile again. I request you to say in the light of the Quran and Hadith that if the husband has given three divorces in clear words, then do all three of them become effective or not? Is there any case of recourse or not? If recourse is not possible without Halala after three divorces, then tell the method of Halala. Also, despite three divorces, a boy and a girl stay together, then how is it for them to live like this? Family members, relatives, and Friends, what should the people of the neighborhood do?

      Some people have confused about some things in an important Shariah issue like divorce, which is as follows:

      (1) There is no divorce in anger. (2) There is no divorce unless the woman listens. (3) If the woman does not accept, then there is no divorce. (4) If there are no witnesses at the time of divorce, then there is no divorce. (5) There is no divorce unless it is written down. (6) Some say that if you feed sixty people, then the divorces will be over. (7) The court says that there can be a reconciliation within ninety days no matter how many divorces have been given. (8) Union councilors say that unless we enforce divorce, there will be no divorce, even if as much time passes. (9) Some say that there is no divorce in pregnancy. (10) Some people say after giving three talaqs with clearly explicit words that I did not intend to give talaq, therefore the talaq did not take place.

      Write a short answer to these questions in the light of Quran and Hadith so that Muslims can follow the Shariah rules. In the name of Allah, the Merciful

Al-Jawaab with the help of the King, the Wahhab of Allah, the Guide to the Truth and the Answer

      According to Shariah, when three talaqs are done, even if these talaqs are due to a fight or without reason or given over the phone or verbally or in writing, in any case, the woman becomes haram for the man and there is no case of recourse without halala.

      Allah Subhanahu wa Ta'ala says: ﴾If he divorces her, then she shall not be lawful for him after that until she marries another wife. 2, Surat al-Baqarah, verse 230)

      The situation of Halala Sharia is that after the Idda of divorce is completed, the woman should marry someone else and if she divorces the second husband after cohabitation or the second husband dies, then the woman can marry her first husband after completing the Idda. It is in the Holy Qur'an: If the other divorces her, then there is no sin for both of them if they get together again.

      If the husband and wife return without halala despite three talaqs, then they will commit a serious sin. It is necessary for the family members, relatives and people of the neighborhood to prevent them from living together as much as possible. If these two do not stop, then we should cut ties with them. Mufti Muhammad Waqa Radin Qadri Rizvi, may God bless him and grant him peace, says: "The person who keeps the triplet with him, he has become addicted to haram." It was illegal and sinful for the people of the neighborhood and relatives to meet her, unless he separates this woman from him and publicly repents.”

      Regarding divorce, what the questioner has written about the people's words, indeed, these are generally heard, which are completely wrong and self-made. Argument of one of the mentioned cases, illegal and people's divorce in this important issue. It is haram to encourage the wife to return by telling these things. It is not permissible for a person who does not have Shariah knowledge of the issues of divorce to give his opinion on the issue of divorce, because it is haram to give a fatwa without knowledge. In the Holy Hadith It is: "Man ifti without knowledge is cursed by the angels of the heavens and the earth." Narrated by Ibn Asaqir on the authority of Amir al-Mu'minin Ali, may God bless him and grant him peace. It was narrated by Ibn Asaqir from Ameerul Momineen Hazrat Ali (RA) (Kanz al-Umal, Vol. 10, Page 193, Hadith 29018, Musisat al-Rasalat, Beirut).

      Briefly, these cases are answered, which people have invented:

    (1) Divorce in anger: Divorce happens in anger, but often divorce is done in anger. No one divorces out of love. The Imam of Ahl-e-Sunnah, Hazrat Al-Shah, Imam Ahmad Reza Khan, may Allah have mercy on him, says: "Anger is not an obstacle to divorce, but it is often the reason for divorce, so calling it an obstacle is like invalidating the order of divorce." (Fatawi Rizwiah, Volume 12, Page 383, Raza Foundation, Lahore)

      

        (2) Listening to the woman's divorce: When the husband divorces, the divorce takes place at the same time, it is not necessary for the woman to listen. Fatawi is in Rizwiyyah: "For divorce, it is not necessary for the wife to listen to anyone else, while the husband uttered the words of divorce with his own tongue in such a voice that was able to reach his ears (even if due to some loud noise or heavy hearing). (didn't reach) In Allah the divorce took place. If the woman knows, she should also divorce herself." (Fatawi Rizwiah, Volume 12, Page 362, Raza Foundation, Lahore)

      (3) Acceptance of a woman's divorce: Divorce takes place as soon as the husband divorces her speaking is not a condition. Imam Ahmad Raza Khan (Alaihi Rahmat al-Rahman) says: "If this person actually wrote this letter to you or told someone else to write the above-mentioned text to write these words regarding my wife, then when his pen Yazban uttered these words, from that time a divorce fell on the woman and from that time the it will be counted even though this letter did not reach Baroda (the name of the place mentioned in the question) or he did not write it himself and send it or it was addressed to Al-Him (whose A letter was written on the side) The woman should not be heard to write or tell the words of divorce when there is no condition in them that when this letter arrives or is read, there will be a divorce at that time, then writing or telling them is the cause of divorce. There was no pause in sending, reaching, and reciting.” (Fatawa Rizviyyah, Volume 12, Page 447, Raza Foundation, Lahore)

      (4) Presence of witnesses when giving divorce: It is not necessary to have witnesses in divorce. Fatawi is in Rizwiyyah: "The first husband is willing to give divorce, but the only excuse he makes is that he gave the divorce secretly, not in front of four people, hence his ignorance." If it is so, then his claim is invalid, divorce should be given in isolation, whenever it happens.” (Fatawi Rizwiah, Volume 12, Page 366, Raza Foundation, Lahore)

      (5) Divorce only verbally without writing: Legally divorce is given verbally or in writing, in both cases divorce is done. Grand Mufti of India, Hazrat Mustafa Raza Khan (Alaihi Rahmat al-Rahman) says: "When he has given verbal divorce three times and it is his confession that he has given his wife three divorces, the only suspicion is that he has given it without writing, so do not If it happened, then the woman is ordered to get three divorces. The woman has now become haram for him forever and ever, that the halal can never be halal for him. This absurd excuse of non-writing is simply invalid, completely ineffective and rejected. Writing is not necessary to get a divorce.” (Fatawa Mustafawiya, page 366, Shabbir Brothers, Lahore)

      (6) Feeding sixty poor people: After three divorces, there is no recourse except for Halala. If sixty thousand poor people are fed, then the woman will still be forbidden. Triple divorce is under research review: Some people try to make excuses, the soul will say that the Shari'ah is not so strict, so by mistake or ignorance, there is no divorce. It will be done", some say: "There is no divorce in the state of anger and pregnancy, unless the wife listens or receives the divorce certificate, there is no divorce" although this is all wrong. , Page 12, School of Isha'at-ul-Islam, Lahore)

      (7) Reconciliation within ninety days: If one or two explicit divorces have been given, then reconciliation can be done within the Idda, but after three divorces, the Qur'an has a clear order that there is no halal reconciliation. It is to make a game that the husband gives divorces whenever he wants and then returns within ninety days. In the era of Jahiliyyah, the same oppression was done to women that after giving many divorces, they returned within the period of Eid. Allah Almighty ended this oppression only. Allowed to refer up to two divorces. Tafsir Ibn Katheer said: “Ayesha said, “I did not agree to divorce at the time of divorce. Al-Idah is a violation of his return, so he did this repeatedly, so Allah, the Exalted and Exalted, sent it down to him. There was no time. The husband would divorce his wife, then return before the end of the period. One of the Ansar husband and wife had a disagreement, so the husband said to his wife: I swear by Allah, I will not let you remain either a wife or divorced. He would divorce his wife and return before the end of the Eid. He did this repeatedly, so Allah Almighty revealed this order: This divorce is up to two times, then it is to be stopped with good behavior or to leave it with good behavior, so the limit of three divorces was established that after three divorces No reference. Even if the wife does not marry or associate with another.

      (8) Implementation of divorce by the Union Council members: The Union Council members say that "Until we implement divorce, there will be no divorce" This is ignorance and slander on the Sharia, nothing like this is said in the Quran and Hadith. The union councils have come into existence in a few years now, centuries before them, verbal marriage and divorce used to take place and after divorce, a woman married another person, was all that forbidden?

      (9) Divorce during pregnancy: A pregnant woman also gets divorced and her period is pregnancy. This is the verdict of the Quran and Hadith. Allah Ta'ala has mentioned in the Holy Qur'an the Idda of pregnant women. Therefore, the Almighty says: ) And the deadline for those who are pregnant is that they conceive their pregnancy (Part 28, Surah Al-Talaq, verse 4).

      It is in Sunan al-Bayhaqi: "On the authority of Umm Kulthum bint Uqbah, she was under al-Zubayr, so he divorced her while she was pregnant, so he went to the Masjid Fajaa, and she put what was in her womb, so the Prophet, may God bless him and grant him peace, came, and he mentioned to him what he had done, and he said: "Balg the Book of Ajla." Translation: Hazrat Umm Kulthum Radi There is a hadith from Allah Ta'ala Anhu that she was married to Hazrat Zubair Radiyallahu Anhu, and he divorced her while she was pregnant. Hazrat Zubair (RA) was coming towards Masjid Nabawi, he reached the Masjid.

So Umm Kulthum gave birth to the child in her womb. Hazrat Zubair (RA) appeared in the presence of the Prophet (PBUH) and presented his case. The Prophet (PBUH) said, "The book has reached its term." Completed.) (Sunan Kabri for Bayhaqi, chapter Idat al-Hamil al-Mulatqa, vol. 3, page 154, published in Karachi)

      (10) Intention at the time of divorce: When three divorces are given with clear words, even if there is no intention, all three divorces will happen. Like if someone says to his wife after a year of marriage I married you without any intention on the advice of the family, or someone divorces his wife when she marries someone else after performing the Eid, then the first husband says: I So he had divorced without intention. Marriage and divorce will remain a joke. It is in the Sharh Sunnah of Al-Baghwi: "It is agreed upon by the people of knowledge that divorce is a joke, and if it is done, the explicit word divorce on the tongue of the wise will not benefit. "Hazala lana lo qubil zalik mouth for discontinuance of rulings" Translation: Scholars agree that divorce can be done even in jest. If the words of talaq are uttered on the tongue of a sane mature man, it will not benefit him later to say that I said it as a game or as a joke. Because if this excuse is accepted, then the rulings will remain suspended.

      Note: It is to be remembered that in the issue of divorce, scholars try to save the house of the husband and wife through a Shariah method, but when there is no way to save, the scholar cannot do that without a Shariah argument. Reconciliation of the wife, therefore, after giving three talaqs, do not be angry with the scholars that they do not take any form of saving. What is the need of the scholars to destroy someone's house? Ruining one's Hereafter for the sake of saving one's home. It is narrated from Hazrat Abu Huraira that the Prophet, may God bless him and grant him peace, said: "Min abbar al-Nas Manzilah Min Azhab Akhirata Badnia Ghira" Translation: The most unfortunate of people is that person, Whoever spoils his hereafter for the sake of the world of others.