What are the conditions that must be met for a valid Islamic divorce to take place?
Machine translationRead the Arabic original
The questioner : Well, the issue of divorce, O Shaykh; if a man divorces his wife with one pronouncement, saying, "You are divorced" due to a problem or a discussion or something like that; what are the conditions that must be met for a valid Islamic divorce to take place?
The Shaykh : In truth, divorce is a system in the Islamic Shari'ah that raises the heads of Muslims high, but divorce in the practice of Muslims lowers their heads and keeps them down because of their ignorance of the system of divorce in Islam! First: divorce does not take place except after contemplation and determination; that is, the husband thinks that life can no longer go well with this wife; and therefore, one of two things must happen, both of which are bitter, but one is more bitter than the other, so he has to see: if the more bitter option is to keep her, then he gets rid of her, even if getting rid of her is bitter; because one must choose the lesser of two evils. This is the meaning that divorce does not occur except after prior contemplation and determination. This is derived from several texts in the Noble Qur'an and the authentic Sunnah.[Al-Baqarah 2:227] Forgiving and Merciful." Is the verse "If they turn away" and "if they refuse"?
Another questioner : If they.
The Shaykh : If they resolve to turn away, and if?
Another questioner : If they resolve.
The Shaykh : If, with the letter fa.
Another questioner : Yes.
The Shaykh : Ah, "If"[Al-Baqarah 2:227] "then indeed Allah is Forgiving and Merciful." So divorce does not occur except after determination. The scholars divide what occurs in the human heart into three levels, after which the action comes. The first level is the fleeting thought that comes to a person's mind at times and then goes away; this is the thought (khatter). If this thought or fleeting idea is controlled and settles in the person's heart, it is the intention (hamm). If the intention becomes strong such that nothing follows it except the execution of the action, it is the resolution (azm). Our Lord (Mighty and Majestic), by His wisdom and justice toward His servants, does not hold the Muslim accountable for everything that is cast into his heart, even if it reaches the third level, which is resolution, unless an action is coupled with the resolution. And therefore he (peace and blessings be upon him) said: Sahih al-Bukhari 2528 ... .
The Shaykh : In truth, divorce is a system in the Islamic Shari'ah that raises the heads of Muslims high, but divorce in the practice of Muslims lowers their heads and keeps them down because of their ignorance of the system of divorce in Islam! First: divorce does not take place except after contemplation and determination; that is, the husband thinks that life can no longer go well with this wife; and therefore, one of two things must happen, both of which are bitter, but one is more bitter than the other, so he has to see: if the more bitter option is to keep her, then he gets rid of her, even if getting rid of her is bitter; because one must choose the lesser of two evils. This is the meaning that divorce does not occur except after prior contemplation and determination. This is derived from several texts in the Noble Qur'an and the authentic Sunnah.
decide on divorce - then indeed, Allah
عَزَمُوا الطَّلاقَ فَإِنَّ اللَّهَAnother questioner : If they.
The Shaykh : If they resolve to turn away, and if?
Another questioner : If they resolve.
The Shaykh : If, with the letter fa.
Another questioner : Yes.
The Shaykh : Ah, "If"
decide on divorce - then indeed, Allah
عَزَمُوا الطَّلاقَ فَإِنَّ اللَّهَAllah has accepted my invocation to forgive what
إنَّ الله تجاوز لي عن أمَّتي ما حدَّثت به
Source
www.al-albany.com
The Arabic text is copied verbatim from the original source, without any edits.
