Fiqh - Semester 4 - Lecture 29 | Shaykh Assim Al-Hakeem | Zad Academy English
wANN6l0O0OU • 2025-09-21
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Kind: captions Language: en [Music] But fordul. [Music] Divorce is something that people by nature don't like, don't want. It's to break a marriage and Islam is the final religion and it's the religion from Allahawel. Though people sometimes may hate it, in other times it is required. It is needed. Unlike other religions, once you get married, you cannot get out of this bond which causes a great deal of hardship because people get sick. People find out later on that there is no chemistry. There are a lot of disputes and fights and arguments that make the marriage impossible to continue. This is the beauty of Islam where it comes with a solution. So as we came to this relationship through halal means that Allah has legislated also to dissolve this relationship can be done through how Allah legislates it. Divorce linguistically means to release, to let go. And in Arabic, it's called and we use this word in Arabic to let it go. And in Islamic terminology, divorce refers to the dissolution of the marriage contract. So it's a contract but by saying it it is over. Once there is a marriage it continues to be a marriage forever until one of the spouses dies. However, to dissolve the marriage, you need either a divorce which is initiated only by the husband. It cannot be given by anyone else. The husband has to initiate it and we will come to how. Then there is which is the woman wanting to compensate her husband financially so that he would let her go. He doesn't want to divorce her but she says listen I'll buy my way out. Here is your dowy back. And the last and third way of dissolving the marriage is through the dissolution of the Muslim judge who renders that the relationship cannot continue. The husband doesn't want to divorce and the wife wants to break the marriage but she's unable to do this. She refers to the Muslim judge, looks into the case, and if he finds that the impetency of the husband, his inability to provide for his wife, he's a drug addict, he's abusive beyond reason, so many factors. In this case, he has the authority to separate them and to break this marriage. Now divorce can be partial and it can be full. And what is meant by that? There are three divorces in Islam as we will come to talk about. And after each divorce, there is a waiting period. And this first and second divorce are called revocable because during this limited period of time, the husband has the power to revoke the divorce and take her back. But if the waiting period is over and he does not reconcile and revoke the divorce, this becomes a permanent divorce and he cannot go back to her except with a new contract, a new dowy, the presence of two male witnesses and the consent of her guardian. First and second divorce. If the f third divorce takes place, this is irrevocable. It's finished. They cannot go back together. So, is it permissible to divorce? Yes, it is permissible to divorce. As it is mentioned in the Quran, in the Sunnah and the consensus of scholars. As for the Quran, allahel says divorce is twice then either keep her in an acceptable manner or release her with good treatment. So divorce one happens you can either keep her or leave her. If you keep her one down, two to go. You divorce her for the second time, either during the time, the waiting period time, you can revoke the divorce and keep her or wait until it's over and release her with good treatment. Two down, one to go. The third divorce happens, it's over from the sunnah. Abdah Omar once divorced his wife but he divorced her at a time where he was not supposed to do so because she was on her monthly period. Omar went and and told the prophet of what had happened sallallahu alaihi wasallam. So the prophet said to him let him take her back. Then when she becomes pure if he wishes he may divorce her. So this is from the sunnah. As for the consensus, may Allah have mercy on his soul said that the scholars they all agree that divorce is permissible. So what is the ruling on divorce? So many people say that the most abhor thing that is halal to Allah is divorce. And they quote this as a hadith. And this is not an authentic hadith. So is divorce abhord to allahelaw? Actually divorce can be permissible. It can be mak not recommended. It can be mandatory and it can be disliked. So all of these rulings can apply to divorce. So divorce can be permissible if the man feels that there is no chemistry and this relationship has no future. Yes, he did not invest in it a lot. He's not putting effort into it. But he feels that if he continues, she may become pregnant and then he would be in a deadlock and he would be in trouble. So he divorces her because he thinks that this is not going anywhere. It can be disliked when there is harm to any of the spouses and there is no legitimate reason for it. So a person divorces his wife. Why? I don't know. I just feel like changing women. This is disliked in Islam. This is playing around and if there is a lot of harm and injustice it becomes prohibited and haram and also it becomes prohibited if a person divorces his wife because she's not ab abiding by what he's telling her which is against the sunnah or against the religion. So he's divorcing his wife. Why are you divorcing your wife? Oh, I told her to take off the hijab and become like the Europeans so that I wouldn't feel ashamed when she's wearing the hijab and she refuses. I ordered her to free mix with my siblings and to serve them and to be normal and treat them like mahams and she disobeyed me. So, I'm divorcing her. This is totally prohibited and divorce becomes mandatory when there is a great harm on the woman or on the man himself. For example, a person is married to a woman and she's literally a prostitute. She goes out and sells herself and commits adultery and the man is keeping her. Why are you keeping her? Oh, she I love her. You're crazy. You're not a real man. It's mandated upon you to divorce her and ditch her because she is tarnishing your reputation and your religion. Sometimes it becomes highly recommended to divorce when you feel that there is harm on the woman and she is suffering in the marriage and you're not doing a great job to protect her or to fulfill her needs. In this case, it becomes highly recommended for you to let her go. And all of these issues are not something to be decided without consultation, asking the elders, gathering information about it. Divorce is an issue that usually results due to dispute and when there are disputes these are usually solved in courts of law. So the one who gives the ruling whether the marriage should go on or not whether it is dissolved or not is the Muslim judge the ruler. But in some cases it is recommended to first go to the muti as so many judges may rule over a divorce case where there is a justifiable way in Quran or in the sunnah to reconcile. But if the case reaches the court, the Muslim judge and he rules it, no muty can overturn the verdict or the ruling. [Music] Academy. Foreign speech. Foreign speech. Foreign speech. [Music]
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