Shariah Rules about Divorce and Separation - 3 Ways of Reconciliation
If, for some reason the relations between the husband and wife become
strained and the wife continues her disobedience then the husband is advised to
follow these methods
1. First, the husband should advise the wife. 2 If it does not work,
then the husband should separate the wife's bed i.e. the husband should stop
having sexual intercourse with the wife.
3. The husband should admonish them and beat them lightly.
Allah Ta'ala says in the Holy
Quran, Surah an Nisa -34, "And for those women about whom you have the
fear of disloyalty, admonish them, sleep separately from them and may give them
a light beating.”
Before pronouncing divorce, the husband should use all these
methods for reconciliation and should carefully consider the after-effects of
the divorce. But according the Islamic Law, it is not Obligatory (Fardh) for
the husband to use these methods. The presence of the wife is not obligatory be
present, nor is it necessary to inform the wife either. If the husband wants to
divorce the wife, he is strongly advised to pronounce a Talaaq E Raj‘ee. I.e. Revocable
Divorce instead of a Talaaq e Bain i.e. (Irrevocable Divorce) or a Talaaq e
Mughallaza (Final Divorce i.e. saying Talaaq 3 times at once). This has been
stressed so that during the Iddah (the waiting period), the husband can
reconsider his decision. If the wife is at fault, then she will have some time
to correct herself. If someone ignores all this advice, even then the Divorce
will be effective.
Author: Mufti Hafidh Syed Ziauddin Naqshbandi Qadri,
Professor, Islamic Law, Jamia Nizamia
1 Comments
Good post . Before or after a separation or divorce, a person is legally required to assist their spouse financially. This responsibility is known as alimony.
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