Where can a Muslim woman get a divorce?
When he says to his wife: "Divorce", or: "You are divorce".
Praise be to Allah ..
The legal divorce is that the man divorces his wife once (pronouncing the divorce) if she is in the pure state and he has not had sexual intercourse with her in it, or she is pregnant. This divorce thus comes about according to the agreement of the scholars.
As for divorce during the period or in the pure state in which one had sexual intercourse with it, according to the majority of scholars it takes place, according to some scholars it does not.
See the answer to questions no.72417 and 106328.
There are detailed explanations and differences of opinion about divorce during anger. It is true, however, that it does not take place when the anger is so great that the person then does not know what he is saying, or that the anger is so strong that it is it that leads the husband to pronounce the divorce, even though he wouldn't have divorced if he wasn't angry. In contrast to normal, weak anger, because the divorce takes place with her.
See the answer to question no.45174.
If the husband says to his wife, “You are divorced”, or “She is divorced”, or “I divorced you (past)”, or “You are a divorced woman”, this is all of this a clear divorce and arrives and you don't have to take (extra) intent for it.
But you don't have to say: "I gave you the divorce."
But if he says, "I am divorcing you," then this is a likely formula, since the Arabic present tense includes both the present and the future. So if you mean the present, so: “I'm getting a divorce now”, then the divorce will take place. But if you mean the future, it is a threat, and the divorce won't happen until you repeat yourself and pronounce the divorce.
One has to keep this in mind in the language of every speaker.
When the husband says, “You are a divorce,” there is a difference of opinion here as to whether it is clear enough to happen without intent or is a circumscription in which divorce only occurs when one is intent on it.
The majority of Hanafis, Malikites and Hanbalites believe that it is clear.
Ibn Qudama - may Allah have mercy on him - said:
“When he says,“ You are the divorce, ”Al-Qadhi said:“ The traditions of Ahmad do not differ in that the divorce occurs whether or not he has the intention to do so. ”This opinion was also shared Abu Hanifa and Malik. Ash-Shafi'i's companions, however, had two opinions.
First: That it is not clear because it is a verbal noun. And certain things are not described with the verbal noun except as a metaphor.
Second, that "divorce" (Talaaq) is a plain word and does not require intent like someone who acts on it. This is used in their tradition. "
From "Al-Mughni" (7/387).
He also said in "Al-Furu '" (5/395):
"Al-Wadhih" says: "Anti Talaaq" (verbal noun, indefinite) is like "Anti At-Talaaq" (verbal noun, definite). And the meaning can be found in "Al-Intisar". "
Ad-Dardir said in "Ash-Sharh As-Saghir" (2/559):
“The clear statement”, whereby the protection is released, even if one does not intend this, when one utters the word “divorce”. It's like saying, “I have to get a divorce”, or “You are the divorce”, etc., the same goes for the indefinite (indefinite) expression. And regardless of whether you pronounce it (the word Talaaq / divorce) as a subject or predicate, or not (this is how the divorce will come about), since it is implied and the implied is confirmed. "
See: “Al-Bahr Ar-Raa'iq” (3/279).
According to the more authentic tradition, the Shafi'ites are of the opinion that it is a paraphrasing.
An-Nawawi - may Allah have mercy on him - said in "Al-Minhaj":
“The clear statement of the terms“ At-Talaaq ”(divorce),“ Al-Firaaq ”(separation) and“ As-Saraah ”(letting go) is, according to popular opinion, like saying:“ Tallaqtuki ”(I. I divorced you), "Anti Taliq / Mutallaqa" (you are divorced) and "ya Taliq" (o you divorced), and not: "Anti Talaaq / At-Talaaq" (you are the divorce), after the correct opinion. "
Ar-Ramli said in his explanation: “…“ you are divorce (indefinite) ”and“ the divorce (determined), according to the more correct opinion ”, are paraphrases for saying:“ If you do this and that, then is it your divorce, "as it is clear, since the verbal noun is not used for specific purposes, except in rare cases."
From "Nihaya Al-Muhtaj" (6/428).
There is no doubt that the word “Talaaq”, or “At-Talaaq”, without “Anti”, is weaker than saying “Anti Talaaq” or “Anti At-Talaaq”. This also seems to be a paraphrase.
So if you have said, “Talaaq”, or “At-Talaaq”, as it is understood from your question, and thus intending the divorce, the divorce will occur, and if you did not intend it then it will not occur .
Know that most divorce situations arise out of anger, tightness, and freaking out, not joy or open-mindedness. Now, if the husband divorces his wife in a state of anger, it doesn't mean the divorce won't happen, as many people think, except when the anger reaches a point where you don't realize what you are doing says, or does not control himself, so that unwanted words come out. According to the scholars' agreement, this divorce does not occur.
However, if the anger is so strong that you don't get to the point where you lose your feeling and awareness, but it is so strong that you can't control yourself and you feel like you're being divorced, the majority is the scholars believe that this anger does not prevent the divorce from occurring.
However, some are of the opinion that it still prevents the divorce from taking place. This is what Shaykh Al-Islam Ibn Taymiyya - may Allah have mercy on him - and his disciple Ibn Al-Qayyim said. And this, Allah willing, is the stronger opinion.
Rather, we have referred to the opinion of the majority so that the questioner and the reader perceive the danger of divorce, including in a state of anger, and that the house can destroy, harm themselves and the family, just because of it Haste and one slip. We ask Allah for forgiveness and wellbeing.
For the explanation of this, see the answer to questions No. 45174, No. 82400 and No. 160830.
In any case, the servant must be careful not to be too hasty and casual in applying the terms of divorce as protection for his home and family.
And Allah knows best.
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