Our Sermon
STRONG COVENANT 8
Divorce
Divorce, also known as dissolution of marriage, is the termination of a marriage or marital union, the canceling or reorganizing of the legal duties and responsibilities of marriage, thus dissolving the bonds of matrimony between a married couple under religion or the rule of law of particular country or state.
The grounds for a divorce included
Adultery; Extramarital sex; Infidelity 'desertion,' 'abandonment,' 'cruelty,' or 'adultery.'
ISLAM AND DIVORCE
Islam allows divorce, and it is usually initiated by the husband or, in special cases, by the wife. Men take the initiation of divorce because it helps in preserving marriage, compared to when women take it. According to a study published in the American Law and Economics Review, women have filed slightly more than two-thirds of divorce cases in the United States. This trend is mirrored in the UK where a recent study into web search behavior found that 70% of divorce inquiries were from women. These findings also correlate with the Office for National Statistics publication "Divorces in England and Wales 2012
The legality or divorce is supported by the Quran and Sunny. Allah says:
الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ۗ..... سورة البقرة, آية ٢٢٩
Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. Q.2:229
However, Muslims are discouraged from initiating it unless there is no option. The Prophet SAW says:
"أبغض الحلال إلى الله عز وجل الطلاقّ
The most detested permissible by Allah is divorce. Narrated by Abu Dauda.
This Hadith stressed out the other side of divorce which includes endangering children's lives and disrespect to women.
EXPRESSION OF DIVORCE
The terms used in expressing divorce are either explicit or implicit. The former indicates divorce with a direct word without ambiguity. An example of explicit divorce is: "I have divorced you" this could be oral or written. In the later words that have other meaning are used in expressing divorce, like: "return to your family"
It has to be noted that joke has no place in marriage and divorce. The Prophet SAW says:
" ثلاث جدهنجد وهزلهن جد: الطلاق، والنكاح، والرجعة "
Seriousness and jesting of three things are equally effective, marriage, divorce and revocation of divorce.
This Hadith invites discussion about divorce made by
Compelled, Intoxicated, Furious, Mistake, Unaware and Astonished which majority of the Islamic jurists consider invalid.
Initiations of divorce are subject to certain conditions and waiting periods, which are meant to force the initiating party to reconsider. These conditions, if correctly adhered to, made the divorce to be:
SUNNA DIVORCE
The sunnah divorce has four conditions
1-There should be only on pronouncement
2- It must be after her menstruation period and after the ritual bath.
3- There shouldn't be intercourse with her.
4- No additional pronouncement.
In contrast to the Sunnah divorce is Bud'ah divorce which is sinful but effective. To understand this a critical study of the 65th chapter, named the divorce, is needed:
بِسْمِ اللَّهِ الرَّحْمَٰنِ الرَّحِيمِ يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ ۖ وَاتَّقُوا اللَّهَ رَبَّكُمْ ۖ لَا تُخْرِجُوهُنَّ مِنْ بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَنْ يَأْتِينَ بِفَاحِشَةٍ مُبَيِّنَةٍ ۚ وَتِلْكَ حُدُودُ اللَّهِ ۚ وَمَنْ يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ ۚ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا. سورة الطلاق, آية ١
O Prophet! When you (men) put away women, put them away for their (legal) period and reckon the period, and keep your duty to Allah, your Lord. Expel them not from their houses nor let them go forth unless they commit open immorality. Such are the limits (imposed by) Allah; and whoso transgresseth Allah's limits, he verily wrongeth his soul. You know not: it may be that Allah will afterward bring some new thing to pass. Q. 65:1
The verse shows that:
Women are to be respected even if they are going to be divorced, they shouldn't be expelled from their homes.
أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنْتُمْ مِنْ وُجْدِكُمْ وَلَا تُضَارُّوهُنَّ لِتُضَيِّقُوا عَلَيْهِنَّ ۚ وَإِنْ كُنَّ أُولَاتِ حَمْلٍ فَأَنْفِقُوا عَلَيْهِنَّ حَتَّىٰ يَضَعْنَ حَمْلَهُنَّ ۚ فَإِنْ أَرْضَعْنَ لَكُمْ فَآتُوهُنَّ أُجُورَهُنَّ ۖ وَأْتَمِرُوا بَيْنَكُمْ بِمَعْرُوفٍ ۖ وَإِنْ تَعَاسَرْتُمْ فَسَتُرْضِعُ لَهُ أُخْرَىٰ. سورة الطلاق, آية ٦
Lodge them where you dwell, according to your wealth, and harass them not so as to straiten life for them. And if they are with child, then spend for them till they bring forth their burden. Then, if they give suck for you, give them their due payment and consult together in kindness; but if you make difficulties for one another, then let some other woman give suck for him (the father of the child).
CHILD CUSTODY
to be continued, in sha Allah
