القائمة الرئيسية

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 Ruling on waiting period for women in Islam,

Ruling on waiting period for women in Islam,



The divorced period:



 * The 'iddah in its meaning is as defined by Al-Dardir: “a specific period according to Sharia to prevent the divorced woman who entered her and the deceased from her husband from marrying.” The woman must sit in her house after her divorce from her husband and not leave him, and she does not propose to another husband until the end of the waiting period, for God Almighty says:  O Prophet, if divorced women Vtalegohn to Dhn and counted the kit and fear Allah, your Lord is not Takrjohn from their homes and go out but come Pfahach stating, "divorce / 1.  (3) There are two forms, the waiting period for a divorced woman, and the waiting period for a woman whose husband has died.



 It is as follows:



 * Several absolute if the divorce before the legitimate privacy, do not women have several, as evidenced by the verse: "O ye who believe! If Nkanm believers then Talegtamohn before they Tmsuhen what you them from several Tatdunha Fmtaohn and Sarhohn Sraha beautiful", parties / 49, where he solves  She can get engaged and get married right after the divorce.  As for the event that the divorce takes place after the Sharia retreat, there are special provisions for that, which are:



 * If the woman is pregnant, then her waiting period will be until she gives birth, even if she is in her ninth month. If she is divorced and she was pregnant, and then she gave birth to the baby one day after the divorce, her waiting period has ended.  If a woman is menstruating and she is not pregnant, then her waiting period is three complete menstrual periods.  If a woman does not menstruate due to her old age or when she is young, then her period is three months.


 The waiting period for her husband who has died:



 * The waiting period for a woman whose husband has died is four months and ten days of her nights, if she is not pregnant, but if she is pregnant, then the waiting period for a woman to give birth is to give birth, whether the period is shortened or longer, because God Almighty says: “And the first pregnancies are for them to give birth to their pregnancies.” Divorce  / 4.



 Types of divorce:




 * Divorce has different types according to the consideration of it. In terms of form, it is of two types: explicit and canonical, and in terms of the resultant effect of two types: retrograde and irrevocable, and the final divorce is divided into: major and minor Baynunah, and in terms of its description are two types: Sunni and heretical, and in terms of the time of occurrence  The resulting effect is of three types: achieved, conditional and future added.


 * Divorce can be detailed in terms of the resulting effect as follows:




 1- Revocable divorce: It is what is permissible for the husband to return his wife at the time of her waiting period without appealing to a contract, so if the man divorces his wife backward, it is permissible for him to return to her during the waiting period without a new contract, and if the waiting period has passed, he returns to her with a new contract only.



 2- Irrevocable divorce: is the immediate removal of the marriage registration, and irrevocable divorce in two parts: minor Baynunah and major Baynunah.  As for the minor Baynunah, it is by the one final divorce, and by the two final divorces, and if the divorce is three, then the Baynunah is major in absolute terms, whether the origin of each of the three is final or retroactive by agreement.  In the event that a man divorces his wife with one final or two divorces, it is permissible for him to return to her during the waiting period and after it, but not with a return, but with a new contract.  In the event that he divorced her three times, the Baynunah is major, and it is not permissible for him to return to her until she completes her waiting period, marries someone else, and enters with her, then finds out from him by death or division, and her waiting period ends.


 * If this happens it has to go back to a new contract, and it says: "the divorced her is not permissible for him even after she has married another husband, the divorced her do not stand on them to hold back the thinking that forge a limits of God and that the limits of Allah prescribed for people who know," Cow  / 260.



 Other methods of divorce:



 * There are other methods of divorce, but it does not happen except in special cases, and these methods are:


 1- Khula, which is when a man divorces his wife while the wife relinquishes her rights, and the woman who cannot live with her husband resort to him, and this is permissible in Islam, just as God Almighty granted a man the right to divorce if he hated the woman, and life between them became impossible, so he gave  A woman who hates her husband and denies him the right to ask for dislocation and redemption from him with money she offers him, because God Almighty says: “If you fear that He will not establish the limits of God, then they are not guided by them.” 229



 2- Divorce of the judge in some cases, it is permissible for the judge to divorce on behalf of the husband to lift the harm to the woman, such as in the case of devotion, insolvency in alimony and the like, and if the judge divorces in the cases in which he may divorce, then his divorce is enforceable, and it is made clearer who does not own  The husband has the right to return, except in the case of divorce from the Lord and who is insolvent according to some scholars, because it is retroactive.


 Rulings on divorce Divorce has different provisions, which are:




 1- Divorce is obligatory: and a man swears that he will not have intercourse with his wife, and four months pass without that. In this case, he must divorce, because God Almighty says:  Allah is All-Knowing, All-Knowing. ”Al-Baqarah / 226-227.


 2 - Divorce is a scar: it is that the conflict between the spouses intensifies and lasts longer, so divorce is desirable for both of them.  Divorce is permissible: That is, if there is a situation that requires divorce, such as paying some harm, or bringing some benefit to the spouses, then it is permissible for them to divorce.



 The sanctity of divorce:



 * It is that the husband is unable to marry if he divorces his wife, and he is terribly afraid of falling into the forbidden, so it is forbidden for him to divorce.


 * The dislike of divorce: In this case there is harmony and goodness between the spouses, and each one of them fulfills the rights of its owner, in this case divorce is disliked for them.  The wisdom of the waiting period, God Almighty has prescribed the waiting period to achieve various meanings, including: to ensure the innocence of the womb, and that the water of low-lying women does not meet in one womb, which leads to the mixing of lineages and their corruption, and to maximize the idea of ​​marriage and to show its worth and honor,



 * Extending the time of return for the divorced, perhaps this time will make him regret and thus find a time in which he can review his wife, and show the status of the husband and the effect of his loss by prohibiting adornment and adornment, and this is why Islam legalized mourning for him more than a parent or child, and to be on guard for the rights of the husband, and fulfill the right of God  That which necessitated it, and the waiting period is not intended merely the innocence of the womb, but that is one of its purposes and its ruling.
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