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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.
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.
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:
Conclusion:
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.