Divorce in Islam - Page 2

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AYESHA32 thumbnail
Posted: 10 years ago
#11
u r absolutely right...zaya divorce done
Spillthetea thumbnail
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Posted: 10 years ago
#12

Originally posted by: shahz

Hey,I respect ur views maybe different places people follow different rules.
but one thing I know is we all follow whats in the Quran.
now about 1st 2nd and 3rd Talakh...thats where the confusion lies.
Now it is stated that after 1st 2nd talakh the man and women can remarry and even after 3rd talakh end of iddah period they can reconcile but after that they cannot get back to each other.The women has to then get married to someone else and If for some reason 2nd husband gives her talakh or he dies she can remarry her 1st husband.
The question is what u understood by this...in my opinion for u this states a man says the 1st talakh then next month says talakh 2nd time and then last month of Iddah he says the 3rd talakh.then thats it the women has to marry someone else.
What im saying is a man gives talakh then waits 3 months(iddah period) unless he takes back talakh in that time in front of 2 witness's they are divorce.Then if they want to marry again they can and again divorce same process and after that they want to marry again they can but if they divorce 3rd time then after the iddah period of this 3rd talakh they cant go back to each other.
Im stating what Dr Zakir Naik has explained in detail and he has given this info quoting from Quran.
Now unless someone can give me a solid reason to believe ur theory I will trust someone who knows Quran by heart and has most knowledge about Islam.
Sori im not arguing just putting forward what I feel.
but everys entitled to their opinion so ur free to believe what u want to.

Shahnaz even i m a muslim n there are 3 types of talaaq
*talaaq bidee
*talaaq ahsan
*talaaq hasan


Talaq bidee is where husband right away says talaaq,talaaq,talaaq n the marriage is over.

U r talking abt talaaq ahsan where husband says talaaq n woman enters in a iddah period of 3 months.after that the couple can remarry,this can be done twice but the thrice time couple cant marry without halala.

Zaya have done talaaq hasan where zain said divorce after each month 3 times.
In such talaaq the third time is the last n couple cant remarry without halala.
😭

Watch this video to learn more
http://playit.pk/watch?v=DYkxR1JLFyI
yayzindagi thumbnail
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Posted: 10 years ago
#13
Thank you so much for clarification. I have been asking around too and thought of googling a bit. I came across a good post from a website and it pretty much states what Ayesha has written.
Here, I will copy-paste part of it and share the link for those who want to read it from the original source. As per my understanding after reading, I too think, Zain and Aliyah are no longer husband and wife and Aliyah can no longer return to Zain unless she marries someone else and that not with the intention to get divorced so that she can return to Zain. Aliyah, being shown as someone who knows and understand Islamic principles, wouldn't even think of taking marriage lightly. Thus, all those spoilers who talk about jealousy track no longer make sense to me as what good will such a jealousy achieve when there is no return possible anyway. In fact, I'd like Aliyah to be rather 'cold' towards Zain in order to make him realize that he no longer has any rights over her. Also, I'd find it better if she, being the 51% owner, has her own room rather than sharing it with Zain.

Anyways, here it is (it is a bit long and if you want to skip most of it and just read about the third divorce, scroll down to the relevant part):

HOW SHOULD THE DIVORCE (TALAQ) BE GIVEN

If even this last measure proves to be ineffective, and there appears to be no sign of reconciliation, then the husband can use his right of giving divorce; and it is definitely better to free the wife from the bonds of nikah than keeping her suspended indefinitely. Islam has kept the avenue of divorce open for man in order that man may lead a righteous life and there should be no difficulty for him to keep within the limits of morality. Similarly Islam has given the right of Khula' to woman and also to approach a court of law for dissolving her nikah in order that she may also be able to keep within the religious and moral bounds.

In the case of deciding to give divorce, a husband should take care to adopt the Shariah method, and it is better if he reduces this decision to writing. The correct procedure of pronouncing divorce is as under:

  1. Divorce should be given when the wife is in a state of purity', i.e. when she is clean after her menstrual period and the husband had not had sexual intercourse with her. Giving divorce during the menstrual period of the wife has been forbidden in the hadith, on the good grounds that during the menstrual period a husband is not attracted towards his wife, and in her state of cleanliness thereafter he may turn towards her and may give up the idea of divorcing her.
  2. Only one divorce be given, that is the husband may say to the wife: "I divorce you . He should not add any numbers to his divorce. If the divorce is being written on paper then it may be clearly stated that it is one divorce (revocable).
  3. Divorce be given in the presence of two just witnesses. It is stated in Surah Talaq: And call to witness two just men among you. (Surah At- Talaq-2)
  4. After the divorce, the woman will have to pass her term of waiting (Iddat). It is that period in which a divorced woman cannot be re-marry and it is incumbent upon the husband that he should not turn her out before the end of this period of iddat, and he should provide for her maintenance during this time. Similarly it is incumbent upon the divorced woman that she should pass her period of iddat in her husband's house. The term of iddat is for three menstrual periods. The Qur'an states: "Divorced women shall wait, keeping themselves apart, for three menstrual periods." (Surah Baqarah-228). When the third menstrual period is over, the period of iddat ends. And if the woman is not menstruating, then the period of iddat is three lunar months, that is from the day the divorce is given till the end of three lunar months. "And for such of your women as despair of menstruation, if you doubt, the ii period (of waiting) shall be three months, and also for those who have it not" (Surah At- Talaq-4). And if the woman is pregnant, then her period of waiting is the termination of her pregnancy (delivery): "And for those with child, their period shall be till they bring forth their burden." (Surah At- Ta/a q-4).
  5. During the period of waiting (iddat) a husband can return to her, i.e. take her back as wife. For this revocation of divorce, two just men should be called as witnesses.
  6. If he has not returned to her or revoked the divorce, then after the period of waiting (iddat) is over, the woman would separate from the man. But this would be One revocable divorce'. If after this both the ex-husband and the ex-wife desire, they can re-marry. In other words after the period of iddat, man has no right of revocation, however if he wants to bring her back as a wife, there is an opportunity for him to marry her again with her willingness.

According to the Qur'an and Sunnah this is the correct and better procedure of giving divorce. In this procedure man gets full opportunity to think and to weigh the pros and cons of his steps, and there remains little or no chance for him to regret. The jurists have termed such a divorce that has been given once and in the sate of cleanliness and without an intercourse after the last menstrual period, and no second and third divorce having been given during the period of waiting"but the period of iddat was allowed to pass after one divorce"as the divorce according to Sun na h'.

In the Mughni' it is stated: "Divorce according to Sunnah is that the woman is divorced in a state of cleanliness (Tohr) without an intercourse, the husband gives one divorces and leaves her as such till the iddat is over." (Mugni-ibneQuddamah Vol 7P. 98)

And in the Hidayah it is stated: "The best procedure for divorce is that the husband should give one divorce to his wife, and that too when she is in a state of cleanliness and he had not had an intercourse with her. Then he should lea ye her in the same state till the term of iddat is over. This procedure is better, because the Companions of the Prophet (R) desired that more than one divorce should not be given till the period of iddat is over." (Hidayah- Vol. 1 Page 179)


WHEN SHOULD THE SECOND DIVORCE BE GIVEN

The second divorce is to be given on some other occasion, that is if the husband had taken back the wife after giving one divorce, but in spite of efforts smooth relations did not prevail, then he can give the second divorce in the manner described~ in the above lines, after which the woman will have again to spend her period of waiting (iddat). During this period of waiting, the husband can, if he wishes, return to his wife, i.e. take her back as wife. And if the period of iddat is over, then he can re-marry her with her willingness.

The divorce in which the husband has the right to return to his wife or take her back as wife or to revoke his divorces are the first and second divorces, that is the divorces given on two occasions. In the holy Qur'an it is ordained:

"Divorce is to be given two times, and t/7en (a woman) must be retained in good manner or re/eased grace fully." (Surah Baqarah-229)

WHEN CAN THE THIRD DIVORCE BE GIVEN

If after giving the second divorce, the husband has revoked his decision and taken her back, but in spite of efforts smooth relations did not prevail, and the husband wants to divorce her, then this time he should arrive at a decision with more careful consideration, because this is the divorce of the third occasion, in which the husband has neither the right of revocation, nor can he re-marry after the passing of the period of waiting unless the woman has re-married and has been divorced by the second husband.

The holy Qur'an directs: "So if a husband divorces his wife (after two times) he cannot after that remarry her until after she has married another husband (and he has divorced her)." (Surah Baqarah-230)

The commands concerning this third divorce are very Strict, and it is called Talaq-i-mughallazah Bainah'. The third divorce is not only baain' (separator) (irrevocable) but is so absolute that the man and the woman cannot remarry even with mutual agreement unless the woman is married to another man and this other man divorces her by his own free will, and not in accordance with a pre-planned understanding, or unless he dies. If this second husband divorces the woman perchance orhe dies, and the woman wants to go back to her former husband, then she can remarry him.


Source: http://islamawareness.net/Talaq/talaq_book.html

Edited by yayzindagi - 10 years ago
js16 thumbnail
Posted: 10 years ago
#14
I don't think it's a religious show it's a fictional adaptation without keeping in mind facts we just have to let the creativity flow
sps0114 thumbnail
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Posted: 10 years ago
#15
The loop hole could be he said the third talak before t
Based on the details you provided I guess saying the third one early before third month completes may not make a difference. Third time is final
simran422 thumbnail
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Posted: 10 years ago
#16
So the divorce is done??
icegirl31 thumbnail
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Posted: 10 years ago
#17
Just a qs ... y is d logic in dis , if dey wanna b 2gether y cant dey b n y wud a women marry someone else ... wont dat b cald cheatng wid others ... she luvs someone else bt still hs 2 marry someone else coz of d so cald norm of society ... y hv such conditn , wat sense does it make ... it wont b fair 2 dem n later a 3rd person involved n if a case like Rehan's whr he has kids ... hw difficult will it b 4 a women 2 leave or get divorced coz of children involved ... it wud b like a burden, forcng a women 2 live a life which she never wanted ... wat is d reason dat dey cant marry after 3rd divorce ????
Dia33mahanta thumbnail
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Posted: 10 years ago
#18
i watched only third talaaq of ZaYa.i have missed many episode s of Beinteha. so i hav a doubt in my mind regarding the divorce of Muslim people in india.if anyone can pls clear it. According to the indian law divorce happens with the consent of both husband and wife, that is:- both of them signing the divorce papers. or anyone can fight the divorce case in the court if his/her partner doesn't agree to the divorce but here aaliya didn't wanted to give divorce.and also the divorce happened according to the Islamic laws.i know in the serial they are Muslims so obviously Islamic divorce rules.but do they also have to sign the divorce papers or not according to the indian laws .or the divorce rules are different in india for the people belonging to the Islam religion.
butterfly15.. thumbnail
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Posted: 10 years ago
#19
I agree with this view that the third talaq is final.

Let me give an example. Say Zain and Aaliya get back together now, but a month later Zain decides he wants to give Aaliya talaq, that would be a fourth talaq, but in Islam there is no fourth talaq. So that clearly shows the third is the last, and no amount of iddah period can reverse the third one.

Scholars however agree that if talaq is done when someone is so angry thay they can't think straight, or they said talaq based on false evidence then the talaq doesn't count, and I think this applies to Zain and Aaliya.
radhika313 thumbnail
Posted: 10 years ago
#20
Although i dont have much knowledge related to divorce in muslim laws and Quarane shariff.but all i have read somewhere that if iddah period is not over despite the fact third talaq have been given, divorce can be revoked..means in the current situation of aaliya and zain, before expiry of last day of iddah if zain do confession and takes back his wife aaliya then divorce can be revoked..there would be no need of halala.
Moreover if it is found on same day she ia pregant then divorce can not take place because iddah period is extended till she delivers child.
Rest upto your best of knowledge and see whether reality is posed in serial or not..
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