Is divorce among the hudud (fixed Qur'anic punishments)?
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The questioner : May Allah reward you. We said that if the punishment for intoxicants had been a hadd (fixed Qur'anic punishment), 'Umar would not have exceeded it. I say, may Allah reward you. If someone were to say: "Divorce is among the hudud," and 'Umar saw people rushing into the triple divorce, would he have imposed the triple divorce upon them?
The Shaykh : No, divorce is not among the hudud. Divorce is a legislative ruling; it is not a punitive hadd.
The questioner : It is not a punishment, but it is among the hudud, as Allah (Mighty and Majestic) said when He said:, He said: [Al-Baqarah 2:187].
The Shaykh : Yes, meaning it implies that the woman must observe the prescribed waiting period ('iddah), and she must remain in the husband's residence.
As for 'Umar's action, he said: The people are the ones who chose this for themselves, because what is the intention of the one who pronounces the triple divorce?
The final separation. So he said: Since you have rushed into a matter that requires patience and is forbidden, we will hold you to it.
Unlike the punishment for the drinker of intoxicants; the punishment for the drinker of intoxicants is obligatory.
The Shaykh : No, divorce is not among the hudud. Divorce is a legislative ruling; it is not a punitive hadd.
The questioner : It is not a punishment, but it is among the hudud, as Allah (Mighty and Majestic) said when He said:
The divorce is twice
الطلاق مرتانThese are the limits [set by] Allah
تلك حدود اللهThe Shaykh : Yes, meaning it implies that the woman must observe the prescribed waiting period ('iddah), and she must remain in the husband's residence.
As for 'Umar's action, he said: The people are the ones who chose this for themselves, because what is the intention of the one who pronounces the triple divorce?
The final separation. So he said: Since you have rushed into a matter that requires patience and is forbidden, we will hold you to it.
Unlike the punishment for the drinker of intoxicants; the punishment for the drinker of intoxicants is obligatory.