Transcript
wANN6l0O0OU • Fiqh - Semester 4 - Lecture 29 | Shaykh Assim Al-Hakeem | Zad Academy English
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Language: en
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But fordul.
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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.
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Academy.
Foreign
speech. Foreign speech. Foreign speech.
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