With the Nikah, a woman becomes bounded to and under the command of her husband and the revocation or withdrawal of this bondage the woman becomes free; the latter cause when the woman no more remains under the control of her husband is known as `Divorce' or `Talaq' in the shariats terminology. To give effect to divorce (talaq) certain terms/words are prescribed, which shall be discussed later on.
There are two eventual states of the Talaq (Divorce) once is of instant nature and the separation comes into effect no sooner than the Talaq is announced (on account of the special features of the Talaq (divorce), within the purview of shariat's laws as compared to the common usage of divorce in international forums we shall use the word Talaq for divorce in this chapter. It is the terminology used in the Holy Quran.
The Talaq whereby separation between husband and wife takes place then and there is known as `TALAQ-E-BAAIN'. The other state when the Talaq comes into effect at the end of the period of `Iddat' which means the waiting period of a divorced woman (or a widow) after which the woman will be free. This is known as `TALAQ-E-RAJAEE'.
PROBLEM:- Talaq is permissible, but without the lawful justification under the shariat, in which case it is mustahab. However in certain cases it becomes incumbent on the husband to give the Talaq and relieve the woman of the mental/physical agony. It is when the husband is impotent or eunuch in which case he is in capable of fulfilling his sexual obligation and when there is no like hood of his recovery to regain the capability as such.
PROBLEM:- Talaq is of three kinds (1) Hassan (2) Ahsan and (3) Bi'da'ee. Talaq-e-Ahsan is less comber-some than the other two. It stands for the Talaq Raj'ee given in the period of purity in which the sexual act, has not taken place. He should stay as such (without intercourse) till the expiry of period of Iddat.
Talaq-e-Hassan stands for the Talaq given to the wife with whom sexual intercourse has not taken place or the three Talaq given to the intercoursed wife in three periods of her purity provided he has not done the intercourse in these three periods of her purity or when she was in `menses' or he gave three Talaq in three months to the woman who does not have `menses' for example a girl below the age of puberty or the pregnant woman or the woman who has ceased `menses.
Talaq-e-Bida'ee is to give Talaqa twice or thrice at one period of purity (either repeating the word Talaq on three or two occasions or all three, on one occasion. This has been mentioned in some details which relate to exceptional case of menses/sexual act). Talaq-e-Baain given in the period of purity becomes Talaq-e-Bida'ee.
PROBLEM:- If the Talaq when she has `menses' then he must return her to restore conjugal relations as it was a sin to divorce her when she was in menses or in a state of impurity. If he still wants divorce her, then a purity must pass after the current `menses' when she becomes pure then he can divorce her in this state of purity, provided his `return' to her if is after sexual intercourse if his return is after an act of simple caress such as kissing or words of amorus love, then he can divorce in the period of purity after this menses.
PROBLEM:- If he divorces his wife whom there is normal sexual contacts, when she is in menses by saying "I give to you Talaq" twice or thrice according to sunnat, then each talaq will occur in each period of purity, the first of which will be in the period of purity in which no intercourse has taken place.
PROBLEM:- If he divorce the wife who gets normal menses and there is usual intercourse with her, in a state of purity which is free from sexual act, by saying `I give you Talaq two or three time according to sunnat', then the first Talaq will take effect for with (at once).
PROBLEM:- If he says to the wife who gets menses, at a time when she is in menses `I give you two or three talaqs according to sunnat' then the first talaq will take effect in the first period of purity after the menses.
PROBLEM:- If he gives Talaq to his wife when she is in the state of menses, but with whom he has has sexual intercourse by saying, I give you Talaq two or three times according to sunnat, the first Talaq will be affective in the state of purity after the menses.
PROBLEM:- If he says to his wife in a state of purity in which he had intercourse, `I give you Two or Three Talaqs according to the sunnat', then the first Talaq will be taken in the first of purity after menses.
PROBLEM:- To Say, "I give you two or three Talaqs according to sunnat" with whom he had to sexual intercourse, the first Talaq will become effective immediately (even she be in menses), the second Talaq will occur when solemnize Nikah wife, because after the first Talaq she becomes Baa'in for him and gone out of his marriage bond.
PROBLEM:- To give Talaq two to three, according to sunnat to a woman who does not have menses but enjoys sexual relation, the first Talaq will take place at once, the second Talaq, in the second month and the third, in the third month.
PROBLEM:- If he says a woman `I give you Talaq two or three times according to sunnat', with the intention that all three Talaqs should take effect together, then this will be in order. But if his intention is that the Talaqs should be effective in each succeeding months will not be valid if the woman has not been intercourse before, because in that event she would become Baa'in after then first Talaq and will be unlawful as a wife.
CONDITIONS FOR TALAQ (DIVORCE).
These conditions are (1) The husband should be of normal senses (Aqil) and major in age (Baligh). An under-age (na baligh) or lunatic husband can not give Talaq himself or nor his wati (guardian) can do so.
PROBLEM:- If a drunkard or addicted to ones gives the Talaq it will be effective as he considered a man of normal sensibility (Aqil). The Talaq in the state of intoxication or unbalanced sensibility will be effective. No condition can be set forth by a woman in respect of the Talaq, even if she is a minor or mentally deranged.
PROBLEM:- If some one is forced to drink intoxicant against his wish or under extreme condition when it is the question of survival or without knowledge of being an intoxicant, in all these exceptional cases, the Talaq given by an affected man will not be valid.
PROBLEM:- For a Talaq it is not necessary that it should be given as a matter of self will (in which case, it becomes binding), it will be valid when some religious / shar'ee compulsions or unavoidable prohibitions (known as Shar'ee Ikraah) are also involved.
PROBLEM:- Even the words of Talaq uttered in jest of joke when no other meaning other than Talaq can be deduced or stretched through arguments etc, will be deemed as willful Talaq. (no buffoonery or pleasantry in matters of Talaq is allowed).
PROBLEM:- A man of semi wisdom or low mental agility or a half mad are like in the matter of Talaq which will be valid.
PROBLEM:- If a dumb/mute person gives Talaq by gesture or indication, will be valid if he can not write. If he can write, then he must give Talaq in writing.
PROBLEM:- The man wanted to speak some other word, but the word Talaq was uttered unconsciously, or he uttered word Talaq without realizing its significance or in jest and carelessness or just to intimidate (his wife or any one else), in all these cases, the Talaq will occur (and it can not be withdrawn).
PROBLEM:- If the disease/illness of the sick or patient who has not lost his consciousness, gives the Talaq (by any means), it will be valid.
PROBLEM:- Serious mental diseases like delirium. inflation of the brain( Sarsam) or some other disease which result in the loss of senses are reasons when the Talaq, it will not be valid, or if he utters words of giving Talaq when in deep sleep, it will not be taken as valid or effective.
PROBLEM:- If some one utters as giving Talaq in a state of serious rage which has upset his balance of mind, The Talaq will not be proper.
PROBLEM:- Some people resort to Talaq and later repent their action and offer lame excuses such as anger and run after the Muftis for Fatwa. The Mufti should be careful in accepting these excuses. Mere anger can not be taken as a ground for cancellation of Talaq, unless solid concrete evidence is produced to prove it bonafides.
PROBLEM:- If the wife of a minor age husband accept Islam, and the Qazi present Islam to him for acceptance (so that their conjugal relation may remain intact, if he refuses to accept Islam, Talaq occurs between them.
PROBLEM:- If the word was not uttered by Tongue but was written on a thing which is non-static (winter air) where the word does not remain decipherable, then the Talaq will not take place, and if it is written on some concrete thing like paper or black board etc, with the intention of Talaq then it will become Talaq. what ever the mode and content of the writing.
Any letter written to the wife in this behalf will be effective as Talaq from the date of writing when the Iddat shall also begin. However if he writes that as soon as she receives the letter, she must consider herself as divorced immediately as receiving the letter, whether or not she reads it or not.
If the letter of Talaq gets lost in the way and it does not reach her, the Talaq will not occur.
If this letter is received by her father and he tears it and does not inform his daughter, then if the letter comes in that city where she lives, then the Talaq will take place.
PROBLEM:- If the man writes Talaq on a piece of paper and says it is not his intention, but he has written as a matter of practice then in the tenets of law, his words can not be trusted.
PROBLEM:- If the man writes Talaq on two papers and both are received by the woman, then the Qazi can pronounce two Talaq.
PROBLEM:- If the man gets the paper of Talaq written by some one else, then the Talaq becomes effective.
PROBLEM:- In the case of written Talaq, it is necessary that the evidence of the husband is necessary to the point that he himself has written the Talaq Namar or got in written by some one else or the woman produces witness. The similarity of hand writing or his signature are not enough. However if the woman testifies that is his hand writing, then she is permitted to take it as such and act upon it. But if the husband denies of having written the Talaq Namar, then recourse to litigation remains the only solutions.
PROBLEM:- If some one compels to write the Talaq and he can avoid it although there is no intention or will in his heart to do, nor has he uttered the word `Talaq' by month, then it will not be a Talaq. The compulsion or force must be valid in the view of the shariat. Simply to keep the words of others is not a valid ground.
PROBLEM:- Talaqs are of two kind (1) Sareeh (clear, unambiguous) (2) Kinayah (by gestures or using figurative language)
Sareeh (clear, direct etc) is the language or the expression which clearly and directly states the occurrence of Talaq, it may be in any language.
PROBLEM:- The word `Sareeh', will be equally applicable for any expression such as (1) (I give you the Talaq) (2) (Talaq is on you) (3) (You are divorced divorce Talaq given) (4)(You are Talaq holder) (5) (I give you Talaq) and (6) (O, the woman who has been divorced / given Talaq).
All these utterances signify that it will be one Talaq-e-Rajee (where husband can go back to her to restore conjugal relation, whether he has intented this Talaq or he had Talaq-e-Baa'in in his mind, or he intended more than one Talaq.
PROBLEM:- Due to some defect in speech such as stammering the word "TALAQ" spoken in any manner would stand for one Talaq of Raj'ee nature, as it would indicate the distinct intention of the speaker.
PROBLEM:- In Urdu, the words (I abandoned or left you), is distinct (Sareeh) and means a Talaq-e-Raj'ee whether or not the intention of Talaq (divorce) in the speakers mind.
PROBLEM:- In respect of pronunciation of the word "Talaq" right or wrong the literate and the illiterate are equal. Even if the word is uttered as a threat or intimidation, it will mean Talaq. However if he informs his colleagues that he would utter the word 'talaq' purely as a threat without serious intentions behind it, this will not be taken as Talaq.
PROBLEM:- If some one asks his friend (just a friendly enquiry), "Have you divorced your wife?" and he says, "Yes! why not?" This will mean a Talaq, whatever his intention may be. If however he refuses in a loud and definite manner, his refusal will be accepted and the Talaq will not take place.
PROBLEM:- Some one suggests Zaid (another man) `There is no Talaq on your wife', If Zaid replies `why not?' or `why', then will be a Talaq. But if he refuses directly no Talaq will take place in the latter case.
PROBLEM:- A man has not divorced his wife, but says to the man that he has given Talaq to his wife, then legally it would mean a Talaq, but morally or in intentionally it will not mean as such.
PROBLEM:- A man has given only one `Talaq', but says to the people he has given "Three" (Talaqs), then legally it will be taken as "Three" even if he says he had told a lie.
PROBLEM:- The husband says to his wife in Urdu (O the one divorced/given Talaq) (O the woman with a Talaq) or any such phrase indicating `Talaq', then in all these case, it will be a Talaq, even if he says he wanted to rebuke/taunt his wife. If however he had refer to her former husband who had divorced her, than his plea will be accepted provided it is a fact. Otherwise if his explanation will not stand.
PROBLEM:- Supposing husband says to his wife in Urdu
(I am giving you Talaq), it becomes a Talaq. If the words are taken to mean "I intend to give you Talaq" then morally it will not be, though legally it will amount as Talaq. Or if he says
(I intend to leave) then it will not a talaq as it is merely an intention.
PROBLEM:- Such words spoken in Urdu spoken to the wife like (1) (Talaq on you) (2) (Talaq to you) (3) (Let Talaq be) (4) (You are divorce) (5) (You have become with Talaq) (6) (Take the Talaq), when she was going out, he told her (Take Talaq along) (cover yourself with Talaq and be gone) (I have knotted Talaq with the edge of your head cloth) (Go away! Talaq be on you). With all these words there shall be one Talaq (Raj'ee), if the word go away was uttered with the intention of Talaq, it will be Talaq-e-Baa'in.
PROBLEM:- Some one said about his wife (inform her about her Talaq) or (give her the glad tidings about her Talaq) or "write to her" or send to her the certificate/document about her Talaq. In all these situations, Talaq becomes effective immediately, even if he has neither said or written, or he simply says `go and tell her, she is a divorce or said to go and give Talaq to her (through some one), then in this situation he personally goes and tells her, the Talaq will not be effective.
PROBLEM:- The man tells his wife (in Urdu) (I intended Talaq for you) or (Talaq is for you) or he said "Allah has destined Talaq for you", In all these case if the intention is to give Talaq, the Talaq will be Raj'ee.
PROBLEM:- When the husband says `I have released you from bondage of hardship, then unless he expresses in clear that what he means is that he has released her from bondage or restraints in which she has been so far (in which case it will not be a Talaq) his words would be taken to mean that the intention behind this is to give Talaq and the decision will be enforced accordingly.
PROBLEM:- If he says to the wife `You are haram on me', it will amount to Talaq-e-Baa'in whether or not his intention was not this.
PROBLEM:- He says to the wife "I am haram on you and the intention is of Talaq, it will be so accepted and the Talaq shall take place. However, if he simply says `I am haram', without elaborating further, the Talaq will not occur.
PROBLEM:- If he says `your Talaq has become binding (wajib) on me', it will mean Talaq.
PROBLEM:- If he says `Allah may give you Talaq', it will not be effective. If he says `Allah gave you Talaq', the Talaq will take place.
PROBLEM:- While giving talaq reference to the time period is essential, similarly there should be clear indication (by name) as to whom the Talaq is being given.
PROBLEM:- If he says to his wife `For you Talaq is in Mecca (a definite place) or in home or in the sunshine or in shade (an indication of time) the Talaq will become effective. It is not necessary that he (or she) will have to go to Mecca.
PROBLEM:- If he says `To you Talaq is on the Day of Judgement', it is sheer senseless, and no Talaq shall take place. If he uses the words `before the Day of Judgement', the Talaq will occur at once.
PROBLEM:- If he says `tomorrow is your Talaq', then immediately on the sunrise the next day, Talaq will become effective. Similarly if he names any month (shaban) then on the last day of the current month (Rajab) immediately after sun set, the Talaq will come into effect.
PROBLEM:- If he indicates the number of Talaq by fingers, then this number will be the fingers of the open hand and not the closed fist. If three fingers are open then the number of Talaq will be 1, 2 or 3 as the case may be, otherwise it will be one Baa'in Talaq.
PROBLEM:- If he uses some adjective to the word Talaq that would indicate the nature of Talaq for example Talaq-e-Baa'in which expresses seriousness of his intention. Any other similitude will not be accepted, If his intention is of 3 Talaqs it will be accepted as such. Otherwise it will be one Talaq-e-Baa'in. If the wife is the slave girl, then two Talaqs will be the maximum.
PROBLEM:- Sometimes numbers of Talaqs are exaggerated to indicate contempt, such as thousand of times of Talaq, it will be maximum three.
PROBLEM:- If he says `Full Talaq', it will be one Talaq and if he says `Total Talaq', it will be Three Talaqs.
PROBLEM:- If he marries a woman with a defective or tainted Nikah and gives her Three Talaqs, he still can marry her without the HALAALAH (which means to marry another man who divorces her) because the woman with the false Nikah will be treated as having left him. This is not the Talaq in the real sense, but it is an indication of desertion (having been given up or ).
Talaq of an intercoursed woman.
PROBLEM:- If the woman who did not have sexual intercourse, is given "Three Talaqs", it will be taken as such. IF the number is pronounced one by one to make it three, it will be one Ba'in Talaq only. However in the case of woman who had sexual intercourse , the number of Talaqs spoken one by one to make it three, it will be taken as three Talaqs.
PROBLEM:- Number of Talaqs should be spoken in round figures. In case of fraction, the next full number will be taken.
PROBLEM:- The man who has tow or three wives, if he intends to give Talaqs to any one of them, he must name her clearly. Other vague statement will be of no use.
PROBLEM:- If the woman demands three talaq and the man says "Given", it will be Three talaqs. But if he says "I give you Talaq", it will be taken as one Talaq, although his intention may 3 Talaqs.
PROBLEM:- If the woman says `I give Talaq to myself', and the man agrees then the Talaq is effected.
TALAQ BY ALLUSION OR INDIRECT STATEMENT SUGGESTING TALAQ
These are known as Kin'ayah Talaq or indirect indication of Talaq by way of similitude or metaphors. These largely depend upon the word play or gestures instead of using the direct words /phrase which stand for Talaq or divorce. These are mostly in Urdu idioms/phrase for which English equivalents are almost non-existent. It is necessary such phrases must indicate the intention of Talaq.
In the Book under study by way of translation, the terminology used is KIN'AYAH which stand `hint allusion, metaphor or nod in assent or dissent, we would, therefore use the word KIN'AYAH and the reader should accept it as an indirect Talaq.
The words of "Kin'ayah" are of three kinds. (1) In some, the allusion (idea) is to reject the point (of Talaq). (2) In some they seem to indicate vehement refusal in the form of abusing while (3) in some there is neither the allusion nor abuse. In respect of (1) (refusal) the intention (niyeh) is the criterion, without Intention (niyet) no talaq shall take place, while for (2) and (3) the mood of the speaker as the subject matter of discussion already in progress will be the basis or criterion of Talaq. (Note: To be fair, the Talaq by Kin'ayah is more or less the underlying idea behind these phrases expressed in different moods / gestures of the man concerned, while in final analysis lead to no other conclusion but to Talaq!.)
The word / phrases / idioms listed below relate to Talaq-e-Baa'in, which is affirmative or definitive in nature and the separation takes places without much ado translator. All these words are addressed to the wife whose hangs in balance. These are in stands or coarse lang sage of daily use, in Urdu but their English equivalents are given besides them.
(1) = Go (away)
(2) = Get off
(3) = Walk (off)
(4) = Get going
(5) = Rise up
(6) = Stand up
(7) = Be in veil (as stranger)
(8) = Push away
(9) = Leave the place
(10) = Vacate the home
(11) = Be away
(12) = Measure your way (go away)
(13) = Go your way
(14) = Blacken your face (an expression of utter disgust and contempt)
(15) = Be off (at once)
(16) = You are separated
(17) = You are no more in my company.
(18) = Go away
(19) = Hurry up to depart
(20) = You are separated from me.
(Note: These phrases/slangs run to a large number upto 64 in the book and it is said therin that many other words/phrases/idioms purporting Talaq-e-Ba'in which are recommended to be referred to for information an interest. These are pure Urdu idioms and phrases All which pertain to the central theme of Talaq/divorce. Even if they are reproduced and translated they will not add to the knowledge of the reader of this book in English, nor would be inclined to read the vernacular. There in the interest of such readers and to economise the length of the subject, the remaining material has been omitted. These are, however, available at pages 247 - 248 of the original Book " " (Qanoon-e-Shariat)
PROBLEM:- From these words of hints or allusion (Kinayah) one Talaq-e-Ba'in shall take place even if the intention (Niyat) is of two Talaq or no number, But if his intention is to give three Talaqs, then it will be so. However in respect of slave woman no more than two Talaqs are permissible.
PROBLEM:- There are certain specific phrases which if repeated verbatim will not result in Talaq, though the intention may be of Talaq. These are reproduced below with their English equivalents.
(1) (I have no need of yours)
(2) (I have no concern with you)
(3) (I have no work with you)
(4) (You have no concern with me)
(5) (There is no wish or desire with you)
(6) (You are of no service to me)
(7) (I have no desire/inclination of yours)
(8) (I do not want / love you)
PROBLEM:- The wife (having sexual contacts with husband) was given one Talaq, but in the course of Iddat, he tells it to be a Ba'in, then it will be treated likewise or if he says "Three", it will becomes Three Talaqs, But if he says so after the Iddat or after having gone back to her (to restore marital relations), nothing will come out of this. It will be meaniningless.
Entrusting (the right) the Talaq.
PROBLEM:- The man said to his wife, "You have right/authority or your affair is in your hand" and the intention behind this is to give her Talaq, then the woman can announce her Talaq in that meeting, however long the meeting be stretched. But once the meeting is over, to it changes the woman can not do any thing. If the woman was not present in the meeting or she did not hear it, then the verdict of that meeting will be accepted. If the husband fixes any time limit and that time limit passes even then the woman can not exercise that authority (of giving Talaq to herself!). The words spoken by the man must be specific and direct and not suggestive or by hint, because that would be Kinayah and in Kinayah the intention is the primary condition. However if the Talaq would not be seen. If the husband, wants to withdraw his words, he can not do so in that meeting, but when he has gone the woman can give Talaq to herself. The right of Talaq exercised by the woman will be of Raj'ee nature, unless the woman gives Three Talaqs which was also the intention of the man, then it will be three Talaqs.
PROBLEM:- If the man does not fix the time limit and authorizes her to exercise the right as and when she desires, then the change of meeting will not affect her right, neither the man can withdraw his words.
PROBLEM:- If the man tells some one to give Talaq to his wife the Talaq will be effective whether or not the man (messenger) gives the Talaq in that meeting or later on. But he can to back to her (Rujo), if the Talaq was announced in the meeting indicated by the man. The man (husband) can take back the authority given to other man. The right of restoring conjugal relation is restricted to that meeting only. Talaq is not announced in that meeting, he can not go back to her.
PROBLEM:- If the man asks his wife to give Talaq to herself and the woman can announce in that very meeting and not later on. The man can also not go back to her.
PROBLEM:- The man asks wife to give Talaq (on his behalf) to his other co-wife, then she can do so any time, it is not restricted to that meeting alone and the man can also resume relations.
Conditions of change of the meeting.
The woman was sitting, she stands up, she was busy in some work, she leaves it undone and begins another work, for example, the husbands asks her to bring food, she falls a sleeps, start taking bath, starts doing some house hold purchasing, she climbs the riding animal, standing animal starts moving, in all these circumstances, the change in postures from one to another, constitutes a change of the meeting (majlis) and the right of exercising the right entrusted by the husband no longer remains valid.
In contrast to the above situations there are some other situations in which changes do not bring about change in the meeting (majlis).
If she was standing, she sets down. She was standing and starts strolling in the room, or she was sitting and takes a pillows to recline, she was reclining against the pillow, she sits straights or calls for her father and some one else for consultation or herself went to call witnesses so that she may give talaq in their presence when there is none who could call the witnesses or she was riding the animal and stops to give water/fodder to it, or she herself the food which was available. In all these situations no change in the meeting takes place.
PROBLEM:- The boat is in preview of home, if is starts moving, it will not amount to change of majlis. If one a person is riding an animal and the animal is moving, then it means that the change in meeting is taking place. However, if immediately the husband becomes silent and the woman responds, the Talaq will become effective. If however both the husband and the wife are both riding the same animal and some one else is pulling the animal, this will be in the context of boat and no change of meeting is taking place.
PROBLEM:- The man says to his wife `let your self assets itself (to exercise right of Talaq)' and the woman `yes I am asserting my self (will)' then the Talaq so given (asserted) will be effective.
PROBLEM:- The guardians of the woman want to take Talaq and the husband goes off saying to do what they liked, Now if the intention of the husband was not to entrust them for the Talaq, then it will not be a Talaq.
PROBLEM:- The husband says `Give yourself the Talaq', without mentioning the nature and the number of Talaq, then if the woman is Free (not a slave) then it will be one Talaq-e-Rajee or 3 Talaqs as the case may be, and in the case of a slave girl the maximum no of Talaq shall be Two.
PROBLEM:- It is said to the woman to give Talaq to herself as and what she likes, she is authorized to give Raj'ee or Baa'in. But after the change of majlis she can not revise her decision.
PROBLEM:- The man said to his wife "Talaq is on you if you (so) intend or like or desire or hold it dear" and the woman says in reply `I liked or intended' then Talaq will occur. However if the husband only said,"if it suits you". In reply if the woman `I liked it', it means Talaq has taken place, but if she says`I have kept it dear', no Talaq shall take place in that event.
TALEEQ (Mutual Relationship)
"TALEEQ" is an Arabic word meaning `having connection (Ta'alluq) of one thing with another', in a sense that if any thing is said to have connection with another thing then dependence of one must be a basis for the existence of the other as a proof of mutual relationship, though it may be in reality or it may be correct hypothetically. If the basis mentioned in respect of Talaq is such that the matter of Taleeq either in reality or through logic, then the Talaq will become effective automatically. To put a blame with the intention of harming or injuring one or the other then the object of Taleeq will be defeated. For example, if the woman calls her husband a mean fellow, where upon the husband replies, "If am a mean fellow, then Talaq is on you", then Talaq occurs even if the man may or may not he a mean fellow, because such utterances are not correlated. On the other hand they are meant for harming the other person. Here the man clearly means to tease the woman. (Note: Here follow a series of statements which are more hypothetical in nature than likely to happen in practical world of today. However readers interested in their informational significance may consul the original book at page 250 - Translator).
PROBLEM:- If the conditions expressing the connections / relation / familiarity (Taleeq) are withdrawn, no longer the familiarity (Taleeq) exists. For example, if the man says to his wife "If you talk so and the man, then Talaq on You", and if the so or so dies, the Taleeq goes off etc.
WORDS OF CONDITIONS
In Urdu the words of conditions are:
3. AT which time
4. At all times
6. That, which
8. On every, all occasions.
PROBLEM:- When the condition is once fulfilled, no familiarly remains and Talaq takes place but when the first condition in repeated, the familiarly cannot be revived and as such the Talaq, will not take place. But by repeating the words/phrases of conditions three times, it will amount to Three Talaqs.
PROBLEM:- If he says, If I go to that house (indicating it) and if I talk to so and so person, it will mean Talaq to my wife. He goes to that house but does not talk to the indicated person, it will not mean the Talaq, even if he goes often times, but restrain himself from talking to the person concerned, the Talaq will not into effect, But if goes so many times, but talk only once, the Talaq will occur, it will be however only one Talaq.
PROBLEM:- Three Talaqs were hanging on the married but the man wants to take recourse to sexual intercourse, but the suspended Talaqs forbid him, If therefore, when he attempts the intercourse and just the head of the penis enter the vagina, then the Talaqs takes place (the full intercourse) will be with a forbidden woman, which is haram. He must separate himself without delay.
PROBLEM:- He says to his wife, `if you do not come to me this night', there will be Talaq to you, "The woman comes upto the doorstep but does not enter the room the Talaq will occur. But if she enters the room and finds the husband asleep (and returns), Talaq will not occur. To come near means that if the stretches his hand, he can touch her.
The man calls his wife, but the woman did not go to him, there up on the husband warned her that if she did go near him, it will be a Talaq. Later the husband forcibly took her ! this will not mean Talaq.
PROBLEM:- The man says, `if you to so and so mans hand it will mean Talaq'. There after the man (concerned) died leaving behind inheritance (in which the man has a share?), now if she goes into that house, no Talaq will take place.
Copied from: http://www.alahazrat.net/islam/the-divorce-qanoon-e-shariat.php
Saturday, August 6, 2016
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