| Author | Topic |
aakayla
USA
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 Topic initiated on Thursday, June 29, 2006 - 2:57 AM 
Divorce when forced to say it during arguments
As-salaam-o-alay-kum,
There are so many opinions out there on this issue of islamic divorce that Allah forbids if a poor couple gets involved in such a situation, they can literally go mentally crazy dealing with different fiqhs and different rules established by different secterial ulema.
I need to ask about two different scnenarios:
1. Usually in Islam it is said that "actions are by intentions". If during a verbal or physical argument between a husband and wife, the wife emotionally forces husband to divorce her (in the heat of the moment) and even though husband had no plan or prior intention of divorce BUT he says those horrible words to her than will that be counted as shariah compliant divorce? Lets say husband was angry but was still in somewhat control but mainly said those words as he could not control the verbal/physical forcing and pushing by his wife. So it was clearly AGAINST HIS FREE WILL in that moment in time.
2. What about a situation when a person does not even know that EVEN saying a divorce word once will cause him to use up one of the three chances of divorce. In Pakistan (and majority of the muslims), layman muslims believe that they must say Talaaq words three times in one sitting for divorce to happen. So if this person honestly did not have the knowledge about this fact and he said the words just once on one or two separate occasions than will that be considered divorce for him. In this case husband and wife both did not even know that they might already be divorced as this happened out of sheer ignornace and without a true intention of divorce cause IF THE HUSBAND REALLY WANTED AND INTENDED TO DIVORCE HE WOULD SAY THE WORDS THREE TIMES TO EFFECT DIVORCE AS WAS HIS KNOWLEDGE AT THE TIME SUCH INCIDENT OCCURED.
What is your opinion on these two situations? Jazzak Allah. |
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Zulfee
USA
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Posted - Saturday, July 1, 2006 - 4:52 PM 
| Read Noble Quran carefully. You will have every answer. |
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aakayla
USA
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Posted - Wednesday, July 5, 2006 - 10:45 PM
Brother Zulfee, thank you for your reply. The whole divorce mess is created by the interpretation of certain ahaadith.
I agree, Quran is straight forward in outlining the rules of divorce BUT its the ahaadith where the controversies reside and its a never ending debate among scholars of past and present. And a normal layman imam-obedient muslim never dares question a certain hadith or its interpretation or its context. Thats why I wanted to know the views of different people here in this forum.
Any further comments you would like to make on actually how to overcome the anxiety one feels when starting to read varying scholarly opinions from different schools of thoughts (primarily due to their adherence and hard-line interpretation to certain ahaadith related to divorce)? |
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