Divorce

آحمد صبحي منصور في الثلاثاء ٠٤ - سبتمبر - ٢٠٠٧ ١٢:٠٠ صباحاً

نص السؤال
My questions are basically around the issue of divorce and I wanted to >know your opinion in the light of Quran. Following are my questions: > >1. Majority of the traditional sunni schools say that divorce uttered in >anger is perfectly valid. Few sunni Imams (such as Ibn Taymiyyah and Ibn >Qayyum) give some flexibility by dividing anger in three categories etc but >majority (including four major sunni schools) count such divorce as >perfectly valid. Is this correct in the light of Quran? Can marriage really >be dissolved in an instant when a man may not be sure of his utterances? > >2. Allah says in Quran that our un-intentional vows are not binding on us. >But again sunni Imams say that there is no need for intention when it comes >to divorce if the divorce was pronounced using a clear statement. So if >someone utters a divorce statement either jokingly or while drunk or during >a fight with his wife or in frustration/anger then will this be a binding >utterance (valid
آحمد صبحي منصور
It is NO for all these Sunni sayings about divorce.
It should be two faithful believers to wittiness the divorce , then this divorce is not the end of the marriage but it is a stage of consideration , during it , she still his wife living with him, all the time of (Eddah) or the three periods. If he has sex with her and reconcile, during this duration , the divorce gone. If he still determined to get rid of her until the time of (Eddah ) ends, then the two witnesses come to be reported that the stage of divorce has come to end without any reconciliation. Then it become separation if he insists to get rid of her. In that very time, if he changes his mind and keeps her after the end of divorce this become the first divorce, and she becomes his wife as usual. But they have will another second divorce with the same process. in the third divorce he has to leave her and could not marry her again unless she can marry another man and has a divorce from him.
In every case of the complete separations , the woman has the right to marry any one with a new marriage and a new ( Mahr ) or dowry.

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