Search This Blog

Monday, October 04, 2010

Teen Talaq--Contd.

 So we have two positions (with Talaq Mughalliza- I will not repeat this is the one I am talking about).
 1. Accepted and adhered to by non-Ahl-Hadeeth (I always have difficulty in defining these labels because we are all following hadeeth- NOT the Imams named like Malik, Abu Haneefa etc.)
 Here 3 talaqs pronounced in one sitting will be taken as three--final requiring halala to return to divorced wife and so it will be Ghair Ruja'i type +
 2. Accepted by Ghair Muqallid group (Non-followers of any Mazdhab) three given in one sitting will be counted as one. The only three talaqs will be those THAT ARE REPEATED AT INTERVALS OF PERIODS. (This later type is undisputed final three talaq situation and is not being discussed.
 Without quoting hadeeth (Of Abdullah Bin Umar RA) let me summarize the way a Muslim should divorce ("good" Talaq or طلاق  حسن   )
  The wife has finished her period and is Pak or Tuhur again, pronounce Talaq one time making sure you have NOT gone to bed with her because if you have. you must wait for the next period of Tuhur  طہر
 to pronounce. Let the woman finish her second--again no going to bed and third period without going to bed. (If you have sexual intercourse with her that is counted as Rujooa which means you have dropped the idea of divorce)  The divorce is complete
 Like our Imam said, if one bullet will kill why use the second or third. I know some would suggest pronounce second also but that is not essential because Allah mentioned in the above quoted aya only a suggestion that you are allowed the Ruja'i type talaq up to two times only and if you take the liberty of going for the third; beware! you will not be allowed to get back to her fourth time (without halala).
 Now taking these both positions we can see there is room for repenting and reconsidering if the three pronunciations were made for whatever reason and time is given to you so that is "leniency" in the Position of #2 given above whereas the man has no time for repenting etc. in position of #1. He lost the opportunity with that wife unless he can wait for her to be married to somebody else and enjoyed Husband-wife relations, may have more time lapsed and then if either her husband dies or he does divorce her on his own-- then and only then he will be able to remarry her.
 This means that whoever is divorcing his wife in anger and without the knowledge of consequences of three talaqs  he is creating hell for himself in more than one way. So he should not take divorce as a simple latter of just pronouncing three talaqs and you are done. He should think carefully before saying three times.
 There is one 'leniency' here that if one used words like three talaqs, there may be possibility of considering that as one IF the intention of the person is that of one. But if the words used are talaq to you talaq to you talaq to you, even in anger etc. that would be counted as three no matter what the intention.
   AS I see there is merit in both situations but I belong personally to Muqallideen group (Mostly teachings of Imam Abu Haneefa) and in this matter I do not feel I have option available to use Ghair Muqallideen advice. This is NOT a matter of merely an "opinion", because of "ijma'a" of Sahaba on that. I have put forward two positions as objectively as possible.
 I will now take questions insha-Allah for discussion but will guide you to the best of my ability to seek proper guidance from sources I can suggest; Remember I am NOT  an Islamic scholar.

Please visit my Urdu blog at http://saugoreebsc.blogspot.com/ and my Hindi blog at http://wahajuana.blogspot.com/

2 comments:

oakleyses said...

burberry outlet online, christian louboutin outlet, oakley vault, christian louboutin, michael kors outlet online, kate spade handbags, burberry outlet online, louis vuitton outlet, louis vuitton handbags, nike free, tiffany jewelry, kate spade outlet online, louis vuitton outlet online, red bottom shoes, cheap oakley sunglasses, longchamp outlet online, polo ralph lauren, christian louboutin shoes, prada outlet, prada handbags, michael kors outlet store, michael kors outlet, gucci handbags, louis vuitton, michael kors outlet online, true religion outlet, longchamp outlet, nike air max, tory burch outlet, tiffany and co jewelry, polo ralph lauren outlet, michael kors outlet online, ray ban sunglasses, coach outlet store online, jordan shoes, coach outlet, chanel handbags, coach purses, nike shoes, oakley sunglasses, true religion, ray ban outlet, nike air max, louis vuitton outlet, michael kors outlet online, coach outlet, longchamp handbags

oakleyses said...

abercrombie and fitch, ugg boots, mont blanc pens, rolex watches, hollister, insanity workout, soccer jerseys, jimmy choo shoes, mcm handbags, ferragamo shoes, chi flat iron, herve leger, uggs on sale, celine handbags, north face outlet, nike huarache, ugg outlet, ugg soldes, birkin bag, new balance outlet, lululemon outlet, p90x workout, wedding dresses, asics shoes, roshe run, canada goose outlet, longchamp, ugg, valentino shoes, vans outlet, marc jacobs outlet, bottega veneta, north face jackets, canada goose outlet, nfl jerseys, ghd, canada goose, mac cosmetics, babyliss pro, instyler ionic styler, uggs outlet, canada goose outlet, giuseppe zanotti, beats headphones, soccer shoes, nike trainers, reebok shoes