HEAVENLY ORNAMENTS PDF

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Bahishti Zewar (translated as Heavenly Ornaments), was written by Maulana Ashraf .. from Makkah to Baitul Maqdis, and from there to the seven heavens, and. Bahishti Zewar (translated as Heavenly Ornaments), was written by Maulana Ashraf Ali Thanvi. Rahmatullahe Alaihe. is a 8 volume comprehensive handbook of. Heavenly Ornaments - Bahishti Zewar [Darul Ishaat] By Shaykh Ashraf Ali Thanvi (r.a). abromishico.cf Topics AhleSunnah Library.


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A Classic Manual of Islamic Sacred Law (Hanafi fiqh)Comprehensive Translation With Revised Commentary, Glossary, and Appendicies. Heavenly Ornaments (Bahishti Zewar) is a distinguished book written with Muslim women in mind. It is an amazing compendium of religious and temporal. Bahishti Zewar is a volume of Islamic belief written by Molana Ashraf Ali Thanvi ( rahmatullahi alayh). Bahishti Zewar (translated as Heavenly.

A woman became a lunatic and lost her sanity. She has a mature son and a father as well. If her nikh has to be performed, her wali will be her son because the son is more entitled of being a wali than the father father of the woman. The Question of Compatibility or Kufu' 1. The Sharah has taken great precautions in ensuring that nikh with an incompatible person or a person of a lower social standing does not take place.

In other words, do not perform the nikh of a girl with a man who is not equal to her in status or who is of no match to her. Compatibility or equality is considered in several factors: 1 lineage, 2 Islam, 3 piety, 4 wealth, 5 profession or occupation.

Equality in Lineage 1. Equality in lineage is that the Shaykh, Sayyid, Ansri, and Alawi are all equal to each other. In other words, although the status of a Sayyid is more than the others, if the daughter of a Sayyid marries a Shaykh boy; it will not be said that she did not marry someone who is of her family relations. Instead, it will also be regarded as if she has married one of her relatives. In matters of lineage, the lineage of the father is considered and not the mother.

If the father is a Sayyid, the son is also a Sayyid; and if the father is a Shaykh, the son is also a Shaykh - irrespective of what the mother may be. If a Sayyid marries a woman who is not a Sayyid, their son will be regarded as a Sayyid.

This son will be equal in status to all other Sayyids. Although the son whose father and mother are both from a noble family is respected more, according to the Shariah they will all be regarded as relatives or of the same social standing. The Moghuls and Pathans are regarded as one nation and are not of the same class as that of the Sayyids and Shaykhs. If the daughter of a Sayyid or Shaykh gets married with one of them, it will be said that she married someone who is of a lower social standing than her.

Equality in being a Muslim 1. Equality in being a Muslim is only considered among the Moghuls, Pathans, and other non-Arab nations. There is no consideration of this among the Shaykhs, Sayyids, Alawis, and Ansris. A man who accepts Islam and his father was a kfir cannot be on par or equal to a woman who is a Muslim and her father was also a Muslim. The man who is a Muslim, his father is also a Muslim, but his grandfather was a kfir; cannot be equal to a woman whose grandfather was also a Muslim.

A man whose father and grandfather were Muslims, but his great grandfather was a kfir will be regarded as equal to a woman whose several forefathers were Muslims. In short, this equality is only considered till the grandfather. Equality beyond the grandfather, such as the great grandfather and beyond him is not considered. Equality in Piety Equality in piety means that a man who does not follow the dictates of the Sharah - who is a wicked person, a scoundrel, an alcoholic, a shameless person - will not be considered to be equal to a pious, chaste and religious woman.

Equality in Wealth Equality in wealth means that a person who is an absolute pauper cannot be compatible to a rich woman. If the man is not an absolute pauper, but is capable of giving that amount of mahr that is normally given on the first night and is also capable of giving her maintenance, then he will be regarded to be equal to her in status even if he is unable to give the entire amount of mahr.

It is not Presented by www. Nor is it necessary for him to be close to that financial position. Equality in Occupation 1. Equality in occupation is that, e. Similarly, barbers, washermen, etc. A mad, lunatic person cannot be equal to an intelligent, understanding woman. Mahr - Dowry 1. Once a nikh is performed, it will be valid irrespective of whether mention of any mahr was made or not. Despite it being valid, one will have to give the mahr.

In fact, if a person makes the condition that he will not give any mahr and that he is marrying the woman without any mahr, he will still have to give the mahr.

The minimum mahr is 10 dirhams and there is no limit to the maximum amount of mahr. The woman can stipulate as much as she wishes. However, it is not good to stipulate a very high figure. If a person gives an amount less than 10 dirhams or its equivalent, he will have to give the balance as well because mahr cannot be an amount less than the minimum. If the husband divorces his wife in this case even before she can come and live with him, he will have to give half of the minimum.

A person stipulated R20, R, R, or any other amount according to his financial position. The woman thereafter came and lived with him. He also had sexual intercourse with this wife of his. Alternately, he did not have intercourse with her, but he and his wife were able to meet in privacy where no one or nothing stopped them or prevented them from engaging in sexual intercourse. In both these cases, it will be wajib on the person to fulfil the full amount of the stipulated mahr.

If none of the above transpired between them, and one of them passed away, it will still be wjib to fulfil the entire mahr. Furthermore, if none of the above transpired between them, and the man divorced her, it will be wjib on him to fulfil half the stipulated mahr. In short, if the husband and wife meet in privacy, as mentioned above or one of them passes away, the entire mahr becomes wjib. And if the husband divorces her prior to them being in privacy and seclusion, it will be wjib to fulfil half the stipulated mahr.

If one of them was ill, keeping a fast of Ramadn, in the ihrm of hajj, the woman was in her hayd or there was someone who was peeping at them or intruding on their privacy, and they met in private or seclusion in any of the above situations, then this privacy or seclusion of their's is not considered.

If they meet each other in any of the above situations or circumstances, the total amount of mahr will not become wjib. If the husband divorces her, it will be her right to receive half the total mahr. However, if the fast was not a fast of Ramadn, instead it was a qad, nadhr, or nafl fast, and this was being kept by one of them, then in such a case if they happened to meet in privacy and seclusion, the wife will have the right of receiving the full amount of the mahr.

It will be wjib on the husband to fulfil the full amount. The husband is impotent, however, both of them met in privacy and seclusion. The wife will still receive the full mahr. Similarly, if the husband is a hermaphrodite and they meet in privacy and seclusion and thereafter he divorces her, she will receive the full mahr.

The husband and wife met in privacy and seclusion but the wife is so young that she is incapable of sexual intercourse. Alternately, the husband is so young that he is incapable of sexual intercourse.

If they meet in privacy and seclusion in such a case, the full mahr will not be wjib. If no mention whatsoever of the mahr was made at the time of the nikh, or the nikh was performed on the condition that the woman will not receive any mahr, and thereafter one of them passed away or they met in privacy - that is regarded as a valid privacy in the Sharah - even then the mahr will have to be fulfilled.

However, in such a case, the mahrul mithl will have to be paid. In the above case, if the husband divorced his wife prior to being in seclusion with her, she will have no right to receive any mahr.

Instead, she will only receive a set of clothing. It is wjib on the man to give this to the woman. He will be sinning if he does not do so. When giving this set of clothing, only four items are wjib on the man: a dress, a scarf, a pants, and a sheet which can cover her body from head to toe.

Apart from these items it is not wjib to give any other clothing. The clothing that the man gives should be according to his financial position. If the man is poor, he should give cotton clothing.

If he is of a middle class, he should give silk that is of an inferior quality. If he is very rich, he should give silk clothing that is of a very high quality. However, it should be borne in mind that in all these circumstances the clothing that is given should not be more than half the mahrul mithl in value. At the same time, it should not be less than 5 dirhams in value.

In other words, it is not wjib on the man to give clothing which is very expensive and which exceeds half the mahrul mithl in value. However, it is permissible for him to give clothing that is more than the stipulated amount provided that he gives it happily and out of his own will. At the time of the nikh no mahr was stipulated.

However, after the nikh, the husband and wife agreed upon a specific amount as mahr. In such a case, mahrul mithl will not have to be given. Instead, the amount that they had agreed upon will have to be given. But if the husband divorced his wife prior to their meeting in privacy and seclusion, she will not have any right of receiving any mahr.

Instead, she will only receive the clothing that had been mentioned previously. A person stipulated R, R or any other amount according to his financial position.

Thereafter the husband decided to give more than the original amount that was stipulated. This he did voluntarily and out of his own good will. For example, the stipulated mahr was R, but he decided to give R Whatever additional amount he decides to give will now become wjib upon him. If he does not give it, he will be sinning. But if he divorces her prior to meeting in privacy and seclusion, he will have to give half of the original amount that was stipulated. The additional amount that he had decided to give will not be calculated.

Similarly, if the wife happily and willingly reduces the amount of mahr, it will be considered to be reduced. If she absolves him from paying the entire amount, it will be absolved.

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Now she has no right to claim it. If the husband pressurized her into reducing the mahr or instilled some fear into her so that she reduces the mahr, then by her reducing or forgiving her husband, it will not be considered to be forgiven.

It will still be wjib upon him to fulfil the mahr. No cash, gold or silver was stipulated for the mahr. Instead, a small village, a farm or some land was stipulated. This is permissible. The farm, land, etc. A horse, elephant or any other animal was stipulated as mahr. However, a specific horse or a specific elephant was not stipulated.

This is also permissible. In such a case an average horse which is not too cheap nor too expensive will have to be given. Alternatively, it's value in cash could be given.

However, if an animal was stipulated without specifying the type of animal, this will not be valid. Mahrul mithl will have to be given. A couple got married in an unlawful way and the husband and wife were therefore made to separate.

Bahishti Zewar (English)

For example, they got married in secret without the presence of two witnesses. Alternately, two witnesses were present but they were deaf and were therefore unable to hear the words that make a nikh valid. Alternatively, a man had divorced his wife or he had passed away. Prior to completing her iddah, the woman married another man.

Or some other form of unlawful marriage had taken place and the husband and wife were therefore made to separate.

However, in all these cases, the man did not have any sexual intercourse with this woman. In such a case, she will not receive any mahr. In fact, even if they met in privacy and seclusion, she will still not be eligible to receive any mahr.

But if sexual intercourse had taken place, she will receive mahrul mithl. However, if at the time of nikh some mahr had been stipulated and this mahr is less than the mahrul mithl, then she will receive the mahr that had been stipulated at the time of the nikh and not the mahrul mithl.

A person had sexual intercourse with a woman after mistaking her for his wife. He will have to give her mahrul mithl as well, and this intercourse with her will not be regarded as adultery zin nor will there be any sin. In fact, if the woman falls pregnant, the lineage of the child will be in order. It will not be tainted and it is not permissible to label the child as being illegitimate.

The moment the man realizes that this is not his wife, he should immediately separate himself from her and it will not be permissible for him to continue with the intercourse. It is also wjib on this woman to observe the iddah. It is not permissible for her to stay with her husband or to engage in sexual intercourse with him. The rules related to iddah will be mentioned in a later chapter - Insh Allah.

If in a certain place or country, the norm is that the entire mahr must be given on the first night, then the woman has the right to demand the mahr on the first night. If she does not ask for it on the first night, she can ask for it whenever she wishes and it will be wjib on the husband to give it to her. He cannot delay in fulfilling the mahr. The practice in India is that the paying and receiving of mahr is undertaken after divorce or after death.

When the woman is divorced, it is only then that she claims her mahr. Alternatively, when the husband dies and leaves behind some wealth, she takes her Presented by www. If the woman dies, her inheritors claim the mahr. As long as the husband and wife are living together, no one pays the mahr nor does she ask for it.

In such a situation, the woman cannot demand the mahr before divorce. However, it is wjib on the man to give an amount that is normally given in that place on the first night. But if all these practices are not found in any place, these rules will not apply. If the husband does not give the amount of mahr that is normally given beforehand, the wife has the right to refuse him to engage in sexual intercourse with her until he pays that amount.

If they engaged in intercourse once, she still has the right of refusing him the next time or the following time if he does not pay the mahr. If he wishes to take her to another city or country, she has the right of not going unless her mahr is paid.

Similarly, if the mahr is not paid and the woman wishes to travel to another city or country, or wishes to go to her parents home, and there is a mahram who can take her, then the husband does not have the right to stop her. But once he pays the mahr, she does not have the right to do any of these things without her husband's permission. It is not permissible for her to go anywhere without his consent.

As for the husband, he can take her wherever he wishes. It is not permissible for her to refuse him. The husband gave some item or cash, gold, silver, etc.

Whatever he gives will be regarded as part of the mahr. It is not necessary for him to inform his wife at the time of giving it to her that he is giving her mahr.

The man gave an item to his wife. She claims that the item was given as a gift and not as mahr while the man claims that he gave it as mahr. In this case, the husband's claim will be considered. However, if the item was such that it is consumed as food or drink, it will not be considered to be mahr and the husband's claim will not be considered. Mahrul Mithl 1. Family mahr or mahrul mithl is determined in the following way: look at any woman in the girl's father's family who is similar or equal to this girl.

That is, if the girl is young, the woman must also be young at the time of marriage. If the woman is beautiful, this girl must also be beautiful. If the woman's marriage had taken place when she was a virgin, this girl's marriage must also take place while she is a virgin.

The wealth that this girl possesses at the time of her nikh, that woman also had possessed the same at the time of her nikh. The place or locality from which this girl is, that woman must also be from the same place.

If this girl is religiousminded, intelligent, well-mannered and educated, that woman must also be the same. In short, this girl whose nikh is being performed now, must also possess the qualities that that woman possessed at the time of her nikh,. If they share the same qualities, then the mahr that was stipulated for that woman will be the mahrul mithl for this girl. Women of the girl's father's family refer to the girl's sisters, paternal aunts, cousins children of paternal uncles , etc.

In other words, girls or women who are connected to her paternal grandmother. When determining the mahrul mithl, the mahr of the mother is not considered. However, if her mother is also of the same family as that of her father's, e. The Marriages of the Kuffr 1.

The different forms of marriage in the different religions are recognized in the Sharah. If both, husband and wife, accept Islam, there is no need to repeat their nikh. The nikh that they had performed as kuffr will still be valid. If the husband or the wife accepts Islam and the other partner does not accept, their nikh will be annulled.

It will not be permissible for them to live as husband and wife. If the wife accepts Islam and not the husband, then as long as the wife does not complete three hayd periods, it will not be permissible for her to marry another person. Equality among Wives 1. If a person has more than one wife it is wjib upon him to treat each one equally.

Whatever he gives to one wife, the other wife also has the right to claim something equal to that in value. This rule of equality applies to all types of wives, i. If he spends one night with one wife, he will have to spend one night with the other wife as well. If he spends two or three nights with one wife, he will have to do the same with the other wife as well.

Whatever wealth, jewellery, clothes, etc. If a person marries a second woman, the rights of this new wife and the rights of the old wife are the same.

There is no difference in rights between the two. Equality is based on spending the night and it is not necessary to spend an equal time with them during the day. If a person spends more time with one wife during the day and less time with the other, there is no harm in this.

However, it is wjib to spend an equal time with them at night. If a person goes to one wife immediately after maghrib, and the following day he goes to the other wife after ish, he will be sinning. However, if a person's occupation is such that he works at night and remains at home during the day; for him, the basis of equality will be the day.

For example, a night watchman or guard will have to base his equality with his wives according to the day and not the night. There is no equality in engaging in sexual intercourse in the sense that if a person engages in sexual intercourse with one wife, it is not necessary for him to engage in sexual intercourse with the other wife as well. The man has to maintain equality in allocating nights to his wives irrespective of whether he is ill or not. There is no sin in loving one wife more than the other because these matters are connected to the heart and one does not have any control over one's heart.

Equality is not wjib when embarking on a journey. The husband can take whichever wife he wishes. However, it is preferable to cast a lot and to take the wife in whose favour the lot was drawn. In this way there will be no unhappiness or disgruntlement. The Virtues and Rights of Marriage 1. It is mentioned in a Hadth that this world has been created to be utilised and that of all the things that are utilised in this world, there is nothing better than a pious woman.

In other words, if a person is fortunate enough to get a pious wife, it will be a great blessing. It is also a mercy from Allah Ta'l that she is actually a comfort for the husband and a means for his success in this world and in the hereafter.

A person enjoys comfort from such a woman for his worldly needs and she also assists him in fulfilling his religious duties. It is mentioned in a Hadth that Raslullh sallallhu alayhi wa sallam said: "Marriage is my way and my sunnah. This is actually a warning and a threat to the one who does not practice on the sunnah and a mention of Raslullh's sallallhu alayhi wa sallam anger on such a person.

It is therefore necessary to be extremely cautious in this regard. Furthermore, how can a Muslim bear to have Raslullh sallallhu alayhi wa sallam displeased with him for even a moment. May Allah Ta'l grant us death before that day comes when a Muslim is able to bear the displeasure of Allah and His Rasl sallallhu alayhi wa sallam. It is mentioned in a Hadth that Raslullh sallallhu alayhi wa sallam said: "Marry so that I can be proud of your numbers on the day of judgement over the other nations.

If this happens, his ummah will be carrying out more good deeds, and in so doing he will receive more rewards and gain closer proximity to Allah Ta'l. This is because whoever from his ummah does good deeds, does so through his teachings. Therefore, the more people who act on his teachings, the more reward he will receive for conveying those teachings.

We also learn from this that whenever and however possible, we should undertake to carry out those tasks and actions that will take us closer to Allah Ta'l, and that we should not display any laziness in this regard. It is mentioned in a Hadth that on the day of judgement the people will be standing in lines. Out of these, 40 lines of people will be from the other nations while 80 lines of people will be from the ummah of Raslullh sallallhu alayhi wa sallam. Glory be to Allah! How beloved Raslullh sallallhu alayhi wa sallam is to Him.

The one who is able to fulfil the rights of a wife should marry. As for the one who does not have sufficient wealth to fulfil the rights of a wife , he should fast. That is, he should fast so that there will be a decrease in his desires. Fasting is actually a means of curbing his desires. If a person does not have a very dire need for women, and instead has an average need, and he is able to pay for her basic necessities, then nikh is sunnat-e-muakkadah for such a person. As for the person who has a very urgent need, nikh will be fard upon him.

This is because there is a fear that he will commit adultery and thereby get the sin of committing a harm act. If a person has a very urgent need but is financially incapable of maintaining a wife, then such a person must fast abundantly. Later, when he has sufficient funds to maintain a wife, he must get married. It is mentioned in a Hadith that children are the flowers of jannah.

This means that the amount of joy and happiness one will experience on seeing the flowers of paradise, that same amount of joy and happiness is experienced when he looks at his children.

And we know fully well that children can only be obtained through marriage. It is mentioned in a Hadth that when the status of a person is increased in jannah, he asks out of wonder: "How did I receive all this? In other words, your children had asked for forgiveness on your behalf.

In return for that, you have been accorded this status. It is mentioned that the child who is born out of a miscarriage i. In other words, this child will go to extremes in interceding on behalf of its parents and will ask Allah Ta'l to remove its parents from jahannam. Through His bounty, Allah Ta'ala will accept the intercession of this child and He will be soft and lenient towards it. It will be said to this child: "O siqt which means, miscarried foetus who is quarrelling with its Lord!

Enter your parents into jannah. We learn from this, that children of this sort, who are actually a by-product of marriage, will also be of help in the hereafter. It is mentioned in a Hadith that when the husband and wife look at each other with love , Allah Ta'l looks at both of them with mercy. It is mentioned in a Hadith that Allah Ta'l has taken it upon Himself i.

In other words, the person who marries in order to save himself from adultery with the intention of obeying Allah Ta'l, Allah will help and assist him in his expenses and other affairs. It is mentioned in a Hadth that two rakats of salt performed by a married person is better than 82 rakats performed by an unmarried person. In another Hadith, 70 rakats have been mentioned instead of 82 rakats.

It is possible that this means that 70 rakats are written in favour of the person who fulfils the necessary rights of his wife and family, and that 82 rakats are in favour of the person who apart from fulfilling their necessary rights, serves them more with his life, wealth and good habits.

It is mentioned in a Hadth that it is a major sin for a person to be neglectful with regard to those whom he is responsible for and to have shortcomings in fulfilling their needs. It is mentioned in a Hadth that Raslullh sallallhu alayhi wa sallam said: "I have not left behind any test and tribulation on men more harmful than women. This is because, out of his love for a woman, a man loses all his senses, so much so that he does not even take the commands and orders of Allah Ta'l into consideration.

Therefore, a person must not fall in love with a woman in such a way that he has to act contrary to the Sharah. For example, her demands for her food and clothing are more than what the husband can afford. In such circumstances, never accept any bribes in order to supplement your present income.

Instead, give her from the hall earnings which Allah Ta'l has blessed you with. You should continue teaching your womenfolk and inculcate respect and good manners in them. Do not allow them to become impudent and disrespectful. The intellect of women is deficient, it is therefore incumbent to take special measures in reforming them. It is mentioned in a Hadth that you should not propose to a girl when your fellow Muslim brother has already proposed to her until he gets married or gives up this proposal.

In other words, when a person has sent a proposal to a particular family and there is a likelihood of their replying in the affirmative, another person should not send a proposal to that same family. However, if they reject this first person, or he himself changes his mind, or they are not too happy with him and are still hesitant in giving a reply, it will be permissible for another person to send a proposal for the same girl.

The same rule applies to the transactions of downloading and selling. That is, if a person is busy downloading or selling something, then as long as they do not separate or abandon the transaction, another person should not enter into their transaction and should not offer a price above or below that which has been already offered when there is an indication that they are about to come to an agreement. Understand this well, and know that a kfir is also included in this rule.

It is mentioned in a Hadith that a woman is either married because of her Dn, her wealth or her beauty. Choose the one with Dn, may your hands become dusty. In other words, a man may prefer a woman who is religiously inclined. While another may prefer one who is wealthy.

While yet another may prefer one who is beautiful. However, Raslullh sallallhu alayhi wa sallam says that one should choose a religiously inclined woman and that it is preferable to marry such a woman. However, if the circumstances are such Presented by www. In this context, it is meant to create a yearning and a desire for a pious woman.

It is mentioned in a Hadth that the best wife is one whose mahr is very simple. That is, it is very easy for the man to fulfil her mahr. These days, there is the habit of specifying a very high mahr.

People should abstain from this. It is mentioned in a Hadth that you should look for a good place for your sperms because a woman gives birth to children that resemble her brothers and sisters. In other words, marry a woman who comes from a pious and noble family because the children generally resemble the maternal relations. Although the father also has some influence over the child's resemblance, we learn from this Hadth that the mother's influence is greater.

If the wife is from a disreputable and irreligious family, the children who will be born will be similar to that family. But if this is not so, then the children who will be born will be pious and religious. It is mentioned in a Hadth that the greatest right that a woman has to fulfil is to her husband, and that the greatest right that he has to fulfil is to his mother. In other words, after the rights of Allah and His Rasl sallallhu alayhi wa sallam the woman has a very great right to fulfil to her husband, so much so that the husband's rights supersede the rights of her parents.

As for the man, after the rights of Allah and His Rasl sallallhu alayhi wa sallam, the greatest right that he has to fulfil is to his mother. We learn from this that the right of the mother supersedes that of the father. It is mentioned in a Hadth that if anyone of you wishes to engage in sexual intercourse with his wife, he should recite the following du: Bismillhi allhumma jannibnash-shaytana wa jannibi In the name of Allah. O Allah, protect us both from he mischief of Satan and keep Satan away from the children You grant us.

Bukhari The virtue of this du is that if a child is conceived through this intercourse, shaytn will not be able to harm this child in any way. There is a lengthy Hadth in which Raslullh sallallhu alayhi wa sallam addressed Abdur Rahmn bin Auf radiyallhu anhu asking him to have a walmah even if it is with one sheep.

In other words, even if you possess very little, you should spend. It is preferable to have the walmah after engaging in sexual intercourse with one's bride. However, many ulam have permitted it immediately after the nikh as well.

It is mustahab to have a walmah. If a husband who is mature, not a lunatic nor a mad person divorces his wife, the divorce will come into effect. As for the husband who is not mature, who is not in his senses, or is mad, by his divorcing his wife, the divorce will not come into effect.

A sleeping person uttered the following words: "You are divorced" or he said: "I divorce my wife. A person compelled another person to divorce his wife. He beat him and threatened him that if he does not divorce his wife, he will kill him. Because of this compulsion, the person divorced his wife. Even then divorce will take place.

A person was under the influence of alcohol or any other intoxicant and divorced his wife. When he came to his senses, he regretted this action of his. Similarly, talq given in anger also causes divorce to take place.

Apart from the husband, no one has the right to divorce a woman. However, if the husband orders someone to divorce his the husband's wife, this person can divorce her. Divorcing a Person 1. Only the man has the right to divorce. Once the man divorces his wife, the divorce comes into effect.

No cash, gold or silver was stipulated for the mahr. Instead, a small village, a farm or some land was stipulated. This is permissible. The farm, land, etc. A horse, elephant or any other animal was stipulated as mahr. However, a specific horse or a specific elephant was not stipulated. This is also permissible. In such a case an average horse which is not too cheap nor too expensive will have to be given.

Alternatively, it's value in cash could be given. However, if an animal was stipulated without specifying the type of animal, this will not be valid. Mahrul mithl will have to be given. A couple got married in an unlawful way and the husband and wife were therefore made to separate. For example, they got married in secret without the presence of two witnesses. Alternately, two witnesses were present but they were deaf and were therefore unable to hear the words that make a nikh valid.

Alternatively, a man had divorced his wife or he had passed away. Prior to completing her iddah, the woman married another man. Or some other form of unlawful marriage had taken place and the husband and wife were therefore made to separate. However, in all these cases, the man did not have any sexual intercourse with this woman.

In such a case, she will not receive any mahr. In fact, even if they met in privacy and seclusion, she will still not be eligible to receive any mahr. But if sexual intercourse had taken place, she will receive mahrul mithl.

However, if at the time of nikh some mahr had been stipulated and this mahr is less than the mahrul mithl, then she will receive the mahr that had been stipulated at the time of the nikh and not the mahrul mithl. A person had sexual intercourse with a woman after mistaking her for his wife.

He will have to give her mahrul mithl as well, and this intercourse with her will not be regarded as adultery zin nor will there be any sin. In fact, if the woman falls pregnant, the lineage of the child will be in order. It will not be tainted and it is not permissible to label the child as being illegitimate.

The moment the man realizes that this is not his wife, he should immediately separate himself from her and it will not be permissible for him to continue with the intercourse. It is also wjib on this woman to observe the iddah. It is not permissible for her to stay with her husband or to engage in sexual intercourse with him.

The rules related to iddah will be mentioned in a later chapter - Insh Allah. If in a certain place or country, the norm is that the entire mahr must be given on the first night, then the woman has the right to demand the mahr on the first night.

If she does not ask for it on the first night, she can ask for it whenever she wishes and it will be wjib on the husband to give it to her. He cannot delay in fulfilling the mahr. The practice in India is that the paying and receiving of mahr is undertaken after divorce or after death.

When the woman is divorced, it is only then that she claims her mahr. Alternatively, when the husband dies and leaves behind some wealth, she takes her. If the woman dies, her inheritors claim the mahr. As long as the husband and wife are living together, no one pays the mahr nor does she ask for it. In such a situation, the woman cannot demand the mahr before divorce. However, it is wjib on the man to give an amount that is normally given in that place on the first night.

But if all these practices are not found in any place, these rules will not apply. If the husband does not give the amount of mahr that is normally given beforehand, the wife has the right to refuse him to engage in sexual intercourse with her until he pays that amount.

If they engaged in intercourse once, she still has the right of refusing him the next time or the following time if he does not pay the mahr. If he wishes to take her to another city or country, she has the right of not going unless her mahr is paid. Similarly, if the mahr is not paid and the woman wishes to travel to another city or country, or wishes to go to her parents home, and there is a mahram who can take her, then the husband does not have the right to stop her.

But once he pays the mahr, she does not have the right to do any of these things without her husband's permission. It is not permissible for her to go anywhere without his consent. As for the husband, he can take her wherever he wishes. It is not permissible for her to refuse him. The husband gave some item or cash, gold, silver, etc.

Whatever he gives will be regarded as part of the mahr. It is not necessary for him to inform his wife at the time of giving it to her that he is giving her mahr. The man gave an item to his wife. She claims that the item was given as a gift and not as mahr while the man claims that he gave it as mahr.

In this case, the husband's claim will be considered. However, if the item was such that it is consumed as food or drink, it will not be considered to be mahr and the husband's claim will not be considered. Mahrul Mithl 1. Family mahr or mahrul mithl is determined in the following way: That is, if the girl is young, the woman must also be young at the time of marriage.

If the woman is beautiful, this girl must also be beautiful. If the woman's marriage had taken place when she was a virgin, this girl's marriage must also take place while she is a virgin.

The wealth that this girl possesses at the time of her nikh, that woman also had possessed the same at the time of her nikh. The place or locality from which this girl is, that woman must also be from the same place. If this girl is religiousminded, intelligent, well-mannered and educated, that woman must also be the same.

In short, this girl whose nikh is being performed now, must also possess the qualities that that woman possessed at the time of her nikh,. If they share the same qualities, then the mahr that was stipulated for that woman will be the mahrul mithl for this girl. Women of the girl's father's family refer to the girl's sisters, paternal aunts, cousins children of paternal uncles , etc.

In other words, girls or women who are connected to her paternal grandmother. When determining the mahrul mithl, the mahr of the mother is not considered. However, if her mother is also of the same family as that of her father's, e.

The Marriages of the Kuffr 1. The different forms of marriage in the different religions are recognized in the Sharah. If both, husband and wife, accept Islam, there is no need to repeat their nikh. The nikh that they had performed as kuffr will still be valid. If the husband or the wife accepts Islam and the other partner does not accept, their nikh will be annulled.

It will not be permissible for them to live as husband and wife. If the wife accepts Islam and not the husband, then as long as the wife does not complete three hayd periods, it will not be permissible for her to marry another person. Equality among Wives 1. If a person has more than one wife it is wjib upon him to treat each one equally. Whatever he gives to one wife, the other wife also has the right to claim something equal to that in value.

This rule of equality applies to all types of wives, i. If he spends one night with one wife, he will have to spend one night with the other wife as well. If he spends two or three nights with one wife, he will have to do the same with the other wife as well. Whatever wealth, jewellery, clothes, etc. If a person marries a second woman, the rights of this new wife and the rights of the old wife are the same.

There is no difference in rights between the two. Equality is based on spending the night and it is not necessary to spend an equal time with them during the day.

If a person spends more time with one wife during the day and less time with the other, there is no harm in this. However, it is wjib to spend an equal time with them at night. If a person goes to one wife immediately after maghrib, and the following day he goes to the other wife after ish, he will be sinning.

However, if a person's occupation is such that he works at night and remains at home during the day; for him, the basis of equality will be the day. For example, a night watchman or guard will have to base his equality with his wives according to the day and not the night.

There is no equality in engaging in sexual intercourse in the sense that if a person engages in sexual intercourse with one wife, it is not necessary for him to engage in sexual intercourse with the other wife as well. The man has to maintain equality in allocating nights to his wives irrespective of whether he is ill or not. There is no sin in loving one wife more than the other because these matters are connected to the heart and one does not have any control over one's heart.

Equality is not wjib when embarking on a journey. The husband can take whichever wife he wishes. However, it is preferable to cast a lot and to take the wife in whose favour the lot was drawn. In this way there will be no unhappiness or disgruntlement. The Virtues and Rights of Marriage 1. It is mentioned in a Hadth that this world has been created to be utilised and that of all the things that are utilised in this world, there is nothing better than a pious woman.

In other words, if a person is fortunate enough to get a pious wife, it will be a great blessing. It is also a mercy from Allah Ta'l that she is actually a comfort for the husband and a means for his success in this world and in the hereafter.

A person enjoys comfort from such a woman for his worldly needs and she also assists him in fulfilling his religious duties. It is mentioned in a Hadth that Raslullh sallallhu alayhi wa sallam said: This is actually a warning and a threat to the one who does not practice on the sunnah and a mention of Raslullh's sallallhu alayhi wa sallam anger on such a person.

It is therefore necessary to be extremely cautious in this regard. Furthermore, how can a Muslim bear to have Raslullh sallallhu alayhi wa sallam displeased with him for even a moment. May Allah Ta'l grant us death before that day comes when a Muslim is able to bear the displeasure of Allah and His Rasl sallallhu alayhi wa sallam. If this happens, his ummah will be carrying out more good deeds, and in so doing he will receive more rewards and gain closer proximity to Allah Ta'l.

This is because whoever from his ummah does good deeds, does so through his teachings. Therefore, the more people who act on his teachings, the more reward he will receive for conveying those teachings. We also learn from this that whenever and however possible, we should undertake to carry out those tasks and actions that will take us closer to Allah Ta'l, and that we should not display any laziness in this regard.

It is mentioned in a Hadth that on the day of judgement the people will be standing in lines. Out of these, 40 lines of people will be from the other nations while 80 lines of people will be from the ummah of Raslullh sallallhu alayhi wa sallam.

Glory be to Allah! How beloved Raslullh sallallhu alayhi wa sallam is to Him. The one who is able to fulfil the rights of a wife should marry. As for the one who does not have sufficient wealth to fulfil the rights of a wife , he should fast.

That is, he should fast so that there will be a decrease in his desires. Fasting is actually a means of curbing his desires. If a person does not have a very dire need for women, and instead has an average need, and he is able to pay for her basic necessities, then nikh is sunnat-e-muakkadah for such a person. As for the person who has a very urgent need, nikh will be fard upon him. This is because there is a fear that he will commit adultery and thereby get the sin of committing a harm act.

If a person has a very urgent need but is financially incapable of maintaining a wife, then such a person must fast abundantly. Later, when he has sufficient funds to maintain a wife, he must get married. It is mentioned in a Hadith that children are the flowers of jannah.

This means that the amount of joy and happiness one will experience on seeing the flowers of paradise, that same amount of joy and happiness is experienced when he looks at his children. And we know fully well that children can only be obtained through marriage. It is mentioned in a Hadth that when the status of a person is increased in jannah, he asks out of wonder: In other words, your children had asked for forgiveness on your behalf.

In return for that, you have been accorded this status. It is mentioned that the child who is born out of a miscarriage i. In other words, this child will go to extremes in interceding on behalf of its parents and will ask Allah Ta'l to remove its parents from jahannam.

Through His bounty, Allah Ta'ala will accept the intercession of this child and He will be soft and lenient towards it. It will be said to this child: Enter your parents into jannah.

We learn from this, that children of this sort, who are actually a by-product of marriage, will also be of help in the hereafter. It is mentioned in a Hadith that when the husband and wife look at each other with love , Allah Ta'l looks at both of them with mercy.

It is mentioned in a Hadith that Allah Ta'l has taken it upon Himself i. In other words, the person who marries in order to save himself from adultery with the intention of obeying Allah Ta'l, Allah will help and assist him in his expenses and other affairs. It is mentioned in a Hadth that two rakats of salt performed by a married person is better than 82 rakats performed by an unmarried person. In another Hadith, 70 rakats have been mentioned instead of 82 rakats. It is possible that this means that 70 rakats are written in favour of the person who fulfils the necessary rights of his wife and family, and that 82 rakats are in favour of the person who apart from fulfilling their necessary rights, serves them more with his life, wealth and good habits.

It is mentioned in a Hadth that it is a major sin for a person to be neglectful with regard to those whom he is responsible for and to have shortcomings in fulfilling their needs. This is because, out of his love for a woman, a man loses all his senses, so much so that he does not even take the commands and orders of Allah Ta'l into consideration.

Therefore, a person must not fall in love with a woman in such a way that he has to act contrary to the Sharah. For example, her demands for her food and clothing are more than what the husband can afford.

In such circumstances, never accept any bribes in order to supplement your present income. Instead, give her from the hall earnings which Allah Ta'l has blessed you with.

You should continue teaching your womenfolk and inculcate respect and good manners in them. Do not allow them to become impudent and disrespectful. The intellect of women is deficient, it is therefore incumbent to take special measures in reforming them. It is mentioned in a Hadth that you should not propose to a girl when your fellow Muslim brother has already proposed to her until he gets married or gives up this proposal.

In other words, when a person has sent a proposal to a particular family and there is a likelihood of their replying in the affirmative, another person should not send a proposal to that same family.

However, if they reject this first person, or he himself changes his mind, or they are not too happy with him and are still hesitant in giving a reply, it will be permissible for another person to send a proposal for the same girl. The same rule applies to the transactions of downloading and selling. That is, if a person is busy downloading or selling something, then as long as they do not separate or abandon the transaction, another person should not enter into their transaction and should not offer a price above or below that which has been already offered when there is an indication that they are about to come to an agreement.

Understand this well, and know that a kfir is also included in this rule. It is mentioned in a Hadith that a woman is either married because of her Dn, her wealth or her beauty.

Choose the one with Dn, may your hands become dusty. In other words, a man may prefer a woman who is religiously inclined. While another may prefer one who is wealthy. While yet another may prefer one who is beautiful. However, Raslullh sallallhu alayhi wa sallam says that one should choose a religiously inclined woman and that it is preferable to marry such a woman.

However, if the circumstances are such. In this context, it is meant to create a yearning and a desire for a pious woman. It is mentioned in a Hadth that the best wife is one whose mahr is very simple. That is, it is very easy for the man to fulfil her mahr.

These days, there is the habit of specifying a very high mahr. People should abstain from this. It is mentioned in a Hadth that you should look for a good place for your sperms because a woman gives birth to children that resemble her brothers and sisters.

In other words, marry a woman who comes from a pious and noble family because the children generally resemble the maternal relations. Although the father also has some influence over the child's resemblance, we learn from this Hadth that the mother's influence is greater. If the wife is from a disreputable and irreligious family, the children who will be born will be similar to that family.

But if this is not so, then the children who will be born will be pious and religious. It is mentioned in a Hadth that the greatest right that a woman has to fulfil is to her husband, and that the greatest right that he has to fulfil is to his mother. In other words, after the rights of Allah and His Rasl sallallhu alayhi wa sallam the woman has a very great right to fulfil to her husband, so much so that the husband's rights supersede the rights of her parents.

As for the man, after the rights of Allah and His Rasl sallallhu alayhi wa sallam, the greatest right that he has to fulfil is to his mother. We learn from this that the right of the mother supersedes that of the father. It is mentioned in a Hadth that if anyone of you wishes to engage in sexual intercourse with his wife, he should recite the following du:.

Bismillhi allhumma jannibnash-shaytana wa jannibi In the name of Allah. O Allah, protect us both from he mischief of Satan and keep Satan away from the children You grant us. The virtue of this du is that if a child is conceived through this intercourse, shaytn will not be able to harm this child in any way. There is a lengthy Hadth in which Raslullh sallallhu alayhi wa sallam addressed Abdur Rahmn bin Auf radiyallhu anhu asking him to have a walmah even if it is with one sheep.

In other words, even if you possess very little, you should spend. It is preferable to have the walmah after engaging in sexual intercourse with one's bride. However, many ulam have permitted it immediately after the nikh as well. It is mustahab to have a walmah. If a husband who is mature, not a lunatic nor a mad person divorces his wife, the divorce will come into effect. As for the husband who is not mature, who is not in his senses, or is mad, by his divorcing his wife, the divorce will not come into effect.

A sleeping person uttered the following words: A person compelled another person to divorce his wife. He beat him and threatened him that if he does not divorce his wife, he will kill him. Because of this compulsion, the person divorced his wife. Even then divorce will take place. A person was under the influence of alcohol or any other intoxicant and divorced his wife. When he came to his senses, he regretted this action of his. Similarly, talq given in anger also causes divorce to take place.

Apart from the husband, no one has the right to divorce a woman. However, if the husband orders someone to divorce his the husband's wife, this person can divorce her. Divorcing a Person 1. Only the man has the right to divorce. Once the man divorces his wife, the divorce comes into effect. The woman has no choice in this irrespective of whether she accepts the divorce or not. In all cases, the divorce comes into effect. The wife cannot divorce her husband.

The man has the right of issuing three talqs only, and not more. If he issues four or five talqs even then only three will be considered.

Once the man utters: This is irrespective of whether he uttered them in private or in public, and whether his wife heard him uttering these words or not. In all cases, divorce takes place. Divorce is of three types: The First Type: Is that the nikh is completely annulled and it is not permissible to live with the man without renewing the nikh. If the woman wishes to stay with this man again, and the man also agrees to keep her, they will have to have their nikh performed again.

Such a talq is known as talqul bin. The Second Type: Is that if the husband and wife wish to remarry, then after completing the iddah for the first divorce, she will have to marry another person. When he divorces her, she will have to complete the iddah for this second divorce. Only then will it be permissible for her to remarry her first husband. Such a talq is known as talqul mughallazah. The Third Type: Is that the nikh has not broken as yet.

If the husband divorces his wife by uttering the words of divorce one or two times and thereafter regrets his action, it will not be necessary to renew this nikh. He can live with this wife without performing another nikh and it will be permissible for them to live as a normal couple. However, if the man divorced her and maintained this divorce of his, i. As long as the iddah does not expire, the man has the choice of either keeping his wife or not keeping her.

Such a talq is known as talqur raj'. It should be borne in mind that if the husband issues three talqs, he will not have the choice of keeping his wife. There are two ways in pronouncing or issuing the talq. The First Way: Is that the husband clearly utters: Such a divorce is known as talq-e-sarh.

The Second Way: Is that the husband does not utter the words of divorce clearly. Instead, he speaks in very vague terms from which divorce could be deduced and from which some other meaning could also be taken, e. Remain with your parents. I will not even bother about you. Alternatively, he could have said: If the divorce is issued in clear terms, divorce will take place the moment the words are uttered. This is irrespective of whether one had the intention of divorcing his wife or not, or whether he issued the divorce jokingly.

When a divorce is issued in clear terms, the third type of divorce will take place. That is, the husband has the choice of keeping or divorcing his wife until just before the expiry of her iddah. By uttering the divorce once, only one divorce will come into effect - not two nor three. However, if he utters the divorce three times, or says: A person issued one divorce.

As long as the wife is in her iddah, he has the right to issue her a second or a third divorce. If he issues a second or third divorce, it will be valid and come into effect.

Similarly, if he says: However, if the person says: A person uttered the divorce and at the same time said: Divorce will not take place. However, if the person uttered the divorce, waited for a while and thereafter said "Insh Allah"; divorce takes place.

A person called his wife and addressed her as a "divorcee". Divorce will take place even if he says this jokingly. Once she goes there, divorce will take place. The person did not clearly state the words of divorce. Instead, he issued the divorce in vague words and terms.

If at the time of uttering these words, he had the intention of issuing divorce, divorce will take place. In such a case, the first type of divorce will take place, i. Now it will not be permissible for him to keep his wife without renewing the nikh. If the person did not utter these words with the intention of talq and instead had some other meaning in mind, talq will not take place.

However, if it is learnt through some evidence or indication that he had in fact intended divorcing her and that he is lying, then in such a case the woman should not live with him and she should regard it as if she has been divorced. For example, the wife comes angrily to her husband and says: Divorce me! Alternatively, he divorces her three times, but in very vague terms. Even then, three divorces will take place. However, if the person had only intended one divorce but had uttered it three times in order to emphasize his point, only one divorce will take place.

However, the woman does not know his intention. She should therefore regard it as three divorces.

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Divorce prior to the bride's departure from her parent's home Before the bride could even go to her husband's home, he divorced her. Alternatively, she went to her husband's home but they did not meet in privacy or seclusion which could be considered to be valid in the Sharah. This privacy or seclusion was explained in the chapter on mahr. Before they could meet in privacy and seclusion, the husband divorced her. In such circumstances, talqul bin will take place irrespective of whether the divorce was uttered in clear words or in vague terms.

When such a woman is divorced, talqul bin will take place and she does not have to complete any iddah. Immediately after being divorced, she can marry another person. Furthermore, after issuing one divorce to such a woman, the man does not have the right or choice of giving a second or third divorce.

If he does so, it will not apply. However, if in the first time, he says: If he says: Divorce after the bride's departure from her parent's home. After the bride's departure from her parents home, the bride and bridegroom met in privacy and also engaged in sexual intercourse.

Thereafter, if the husband issues one or two divorces in clear terms, talqur raj' will take place. If he utters the divorce in vague terms, talqul bin will take place. In talqur raj' he will have the choice of going back to his wife, while in talqul bin he will not have the choice.

However, if he did not issue three divorces, they can re-marry within her iddah if both of them wish to remarry and after the expiry of the iddah as well.

But if she wishes to marry another person, she can do so only after the expiry of her iddah. But it should be borne in mind that the iddah is necessary in all forms of divorce. As long as the iddah has not expired, a second or third divorce can also be issued. The bride and bride groom met in privacy and there was nothing to stop them from engaging in sexual intercourse i.

Despite this, they did not engage in sexual intercourse. In such a case, if the husband divorces his wife, talqul bin will take place irrespective of whether the divorce is uttered in clear terms or in vague terms.

The iddah will also be wjib on the woman, he will not have the right of taking her back, and she cannot marry another person without completing her iddah. However, she can marry the husband who divorced her within the iddah or even after the expiry of the iddah. The only condition is that three divorces must not be issued.

Issuing Three Talqs 1. If a man issues three divorces to his wife, she becomes completely harm for him. Even if they renew their nikh, it will be harm for this woman to live with him.

This nikh will not be valid irrespective of whether the three divorces were issued in clear terms or in vague terms. If a woman who has been issued three divorces wishes to live with her first husband and wishes to remarry him, there is only one way in doing this. That is, she will have to marry another person, engage in sexual intercourse with him, and when he dies or divorces her, she must complete her iddah.

Upon completing her iddah, she can remarry her first husband. Without marrying a second person, she cannot remarry her first husband. If she marries a second person, but he passed away before he could engage in sexual intercourse with her or divorced her before engaging in sexual intercourse with her, then this will not be considered.

She can only marry her first husband when her second husband has intercourse with her. Without this intercourse, she cannot remarry her first husband. Understand this well. There are different ways in issuing three divorces. One is that the person issues them at one time, e. Alternatively, he issues one divorce this month, another the following month, and a third divorce in the following month. However, all these are issued within her iddah. The same rule will apply to all the different forms of issuing the talq.

The right or choice to keep one's wife only remains when a person issues one or two divorces in clear terms and not three. Once he issues three, he has no choice or right to keep his wife. A person issued a talqur raj' to his wife. Thereafter he decided to keep his wife. After a few years he became angry over some matter and therefore issued another talqur raj' in which he has the right of keeping his wife. When his anger subsided, he decided to keep his wife and did not let her go.

These divorces that he issued will be counted as two divorces. If, at some time or the other, he issues one more divorce, it will total three divorces.

Once this occurs, the rules that have been mentioned in masala number one will apply over here as well. That is, she cannot remarry this husband of hers unless she marries another person first.

Similarly, if a person issues a talqul bin in which he does not have the right to keep his wife , the marriage will be annulled. Thereafter, he regretted his action and both of them decided to remarry.

After some time, he became angry with her again and issued a talqul bin. After his anger subsided, he remarried her. He thus issued two divorces. If he issues one more divorce, the rule mentioned in masala number one will apply. That is, he cannot remarry her unless she marries another person first. If the woman marries another person on the condition that he would divorce her after engaging in sexual intercourse with her, this person is not bound to fulfil this condition.

He can divorce her if he wishes or keep her if he wishes. Furthermore, he can divorce her whenever he wishes - he is not bound by any time limit. It should be borne in mind that it is a major sin and harm to marry on such a condition or promise. One is cursed by Allah Tal. However, despite this, the nikh will be valid. If such a nikh takes place, the second husband has intercourse with her, and thereafter passes away or divorces her, it will be permissible for her to remarry her first husband.

Conditional Divorce 1. Prior to marrying a woman, a person said: Now, he cannot keep her without remarrying her. If he said: If he issued three divorces, three will take place and it will be talqul mughallazah.

A person made the condition of divorce prior to marriage. The moment the nikh was performed, divorce took place. He then remarried the same woman. By remarrying her, another divorce will not take place. However, if the person made the condition in the following way: Now, there is no way in which he can keep this woman.

Even if she marries another person, separates from him, and thereafter remarries the first person, divorce will still take place. However, once divorce takes place between him and a woman and he decides to re-marry her, divorce will not take place this second time. A person addressed a woman whom he had not married as yet saying: If he marries her and she carries out that action, divorce will not take place. This is because there is no way a person can divorce a woman who he has not even married except by saying: If a person addresses his wife saying: In all these cases, if she carries out that action, divorce will take place.

As long as she does not carry out that action, divorce will not take place. In all these cases, talqur raj' will take place, in which the husband has the right to keep his wife without having to renew the nikh.

However, if the person spoke in vague terms, talqul bin will take place. For example, he said: This is on the condition that when the man uttered these words, he intended divorcing her. A person said to his wife: However, within her iddah, he decided to keep her or he remarried her.

Now if she enters the house, divorce will not take place. However, if he said: Thereafter, within her iddah or after remarrying her, she entered the house for a third time. A third divorce will take place. After this third divorce, it is not permissible for him to remarry her. However, if she marries another person, after separating from him, remarries her first husband, and then enters the house, divorce will not take place.

After some time he remarried the same woman. After marrying her she carried out that action which he had warned her against during their previous marriage.

In carrying out this action, divorce will take place. However, if the woman carried out that action after her first divorce and after completing her iddah, but before remarrying him, then by carrying out that action after remarrying him, divorce will not take place.

But if she carries out that action after the divorce but within her iddah, a second divorce will take place. Upon seeing the blood, we will not pass judgement of divorce. Instead, when she bleeds for three days and three nights, only then will we say that divorce has taken place from the time that her bleeding had commenced.

But if the person said: However, if he says: If she breaks her fast, divorce will not take place. The wife decided to go out of the house. The husband said: Upon this, the husband said: But if she goes outside later, divorce will not take place. This is because, when the husband stopped her from going outside, he meant that she should not go now, and does not mean that she must not go outside for the rest of her life. A person said: Even then, divorce will take place. This is because in our normal conversation this means when I marry you, you are divorced.

Divorce issued by the Sick 1. While a person was sick, he divorced his wife. Prior to the expiry of her iddah, he passed away. This wife of his is entitled to receive her share of inheritance from the wealth of her husband. This is irrespective of whether he issued one divorce, two or three divorces. And irrespective of whether he issued talqur raj' or talqul bin - she is still entitled to receive her share of the inheritance.

If the husband dies after the completion of her iddah, she will not receive any inheritance. Similarly, if the husband does not die from this illness, but recovers and then falls ill again, even then she will not receive any inheritance.

This is irrespective of whether she had completed her iddah or not. The woman asked for a divorce and the husband complied to her request. Even then, the woman is not entitled to receive any inheritance irrespective of whether the husband dies within her iddah or after it.

However, if he issues a talqur raj' and passes away within her iddah, she will be entitled to receive her share of the inheritance. During his illness, the man said to his wife: In such a case she will not receive any share of the inheritance because she is the one who caused this talqul bin to take place.

The husband while ill says: This is because this divorce did not take place through her choice. Eating food and offering salt are necessary obligations, how can she leave them out? If the husband issues a talqur raj' and he passes away within her iddah, she will receive her share even in the first example. In short, if she receives a talqur raj', she will receive her share in all circumstances as long as the husband passes away within her iddah.

A normal, healthy person said to his wife: Due to this sickness, he passed away within her iddah. Even then, she will not receive any share of the inheritance. She will not receive any share of the inheritance. But if he said the same thing while he was sick, and passed away within her iddah, she is entitled to receive her share of the inheritance.

Revoking a Talqur Raj' 1. When the husband issues one or two divorces that are raj', he has the choice or right to revoke such a divorce before the expiry of the wife's iddah. In such a case, there is no need to renew the nikh.

The woman has no choice in this matter - he can revoke the divorce irrespective of whether she agrees or not. But if he issues three divorces, he has no choice of revoking the divorce as explained previously. The method of revoking the divorce is as follows: In all these cases, she becomes his wife once again and there is no need to renew the nikh.

When a person decides to revoke the divorce and keep his wife, it is preferable to have a few people as witnesses so that if any differences or problems occur at a later stage, none can deny any claims or make any allegations.

If no witnesses are brought, the revocation will still be valid. The object, which was to keep his wife, will be accomplished. If the iddah of the wife has expired and then the husband decides to revoke the divorce, it will not be possible.

Now, if the wife agrees and is happy to go back to her husband, the nikh will have to be renewed. He cannot keep her without remarrying her. Even if he keeps her, it will not be permissible for the wife to live with him. The iddah of talq for the woman who experiences the monthly menstrual periods is three hayd periods.

When she completes three hayd periods, her iddah expires. At the end of her third hayd period, if she stops bleeding on the completion of the tenth day, then. This is irrespective of whether the woman has already had a bath or not.

However, at the end of her third hayd period, if she stopped bleeding before 10 days, then as long as she does not have a bath or as long as no salt becomes wjib on her, the husband will have the right of revoking the divorce and she will become his wife once again. But if she has a bath once the bleeding stops or she did not have a bath, but one salt time passed and she did not offer her salt in that time i.

Now he cannot keep her without remarrying her. If a person divorces a woman with whom he has not engaged in sexual intercourse as yet, even though he may have met her in private or seclusion, then by divorcing her once, he does not have the right of revoking this divorce.

This is because the divorce that she gets in this case is actually a talqul bin, as has been mentioned previously. The couple met in privacy but the man confesses that he did not engage in sexual intercourse with her. If he divorces her after this confession of his, he does not have the right to revoke his divorce. When a woman receives one or two talqs that are raj' revocable , i. But if she knows that he has no intention of revoking the divorce, it will be preferable that when he enters the house he should cough, clear his throat etc.

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Once her iddah expires, she should go and live elsewhere. If the person has not revoked his divorce as yet, it is not permissible for him to take his wife on any journey nor is it permissible for her to go with him.

A woman has received one or two talqul bin, i. The rule with regard to her is that if she wishes to marry another person, she should do so after the expiry of her iddah. It is not permissible for her to marry another person within her iddah.

But if she wishes to marry the same person i. A person takes an oath and says: The rule with regard to this is that if he does not engage in sexual intercourse with her, talqul bin will take place on the expiry of four months. Without remarrying, they cannot live as husband and wife. But if the husband breaks his oath within four months and has sexual intercourse with his wife, divorce will not take place. However, he will have to pay the kaffrah for breaking his oath.

In the Sharah, such an oath is called l which literally means "oath". A person did not take an oath of not having sex with his wife forever, instead he took an oath that he will not engage in sexual intercourse for a period of four months and said: If he engages in sexual intercourse within four months, he will have to pay kaffrah.

The rules relating to kaffrah will be explained in a later chapter - Insh Allah. If a person takes an oath of not having sex with his wife for a period of less than four months, l will not be considered. Even if the oath is taken for just one day less than four months, l will not be considered. However, if he takes an oath for a specified period less than four months and then breaks this oath by engaging in sexual intercourse before the expiry of the specified period, he will have to pay kaffrah for breaking the oath.

If he does not engage in sexual intercourse, divorce will not take place and his oath will be fulfilled. A person had taken an oath of four months and did not break it. On the expiry of four months, divorce took place. After the divorce, he re-married the very same woman.

After the nikh, if they do not engage in sexual intercourse for a period of four months, there will be no harm in this and no divorce will take place. A person had taken an oath forever by saying: He did not break this oath of his, on the expiry of four months, divorce took place, thereafter he remarried her and after the marriage they did not engage in sexual intercourse for four months. A second divorce will now take place. If he remarries the same woman for a third time, the same rule will apply over here as well.

That is, if they do not engage in sexual intercourse for a. Now he will not be able to remarry her without her first marrying another person. However, had they engaged in sexual intercourse after the second or third nikh, the oath would have broken and no divorce would have taken place.

However, he would have had to pay the kaffrah for breaking his oath. Furthermore, if three divorces took place in the three nikhs, thereafter the woman married another person, after being divorced from him and completing her iddah she remarried her first husband, and again he did not engage in sexual intercourse with her. Now, divorce will not take place irrespective of how long he abstains from having intercourse with her.

However, if and when he engages in sexual intercourse with her, he will have to pay the kaffrah for breaking his oath because he had taken the oath that he will never engage in sexual intercourse and now he has broken this oath. If a person issues a talqul bin to his wife and thereafter takes an oath that he will not have sex with her, it will not be l.

Now if he remarries her and does not engage in sexual intercourse, divorce will not take place. However, if he engages in sexual intercourse, he will have to pay kaffrah for breaking his oath. But if the person issues a talqur raj' and within the iddah he takes an oath that he will not have sex with his wife, it will be l.

Now if he revokes his divorce and does not engage in sexual intercourse, divorce will take place after four months. But if he has sex with her, he will have to pay kaffrah for breaking his oath. A person did not take an oath on Allah. Instead, he said: If he has sex with her, a talqur raj' will take place and in such a case, he will not have to pay the kaffrah for breaking his oath. If he does not engage in sexual intercourse, a talqul bin will take place after four months.

The person says: If he engages in sexual intercourse, he will have to fulfil whatever oath he had taken and it will not be necessary to pay any kaffrah. If he does not engage in sexual intercourse, divorce will take place after four months. Khula' or Divorce at the instance of the wife 1.

Heavenly Ornaments - Bahishti Zewar [Darul Ishaat] By Shaykh Ashraf Ali Thanvi (r.a)

If it is not possible to bring about any conciliation between husband and wife and the husband even refuses to divorce her, it is permissible for the wife to give some money or her mahr to her husband and tell him to let her go in exchange for that money. Alternatively, she could ask him to let her go in exchange for the mahr that he is still owing her. In answer to her request, the husband says: The man does not have the right to keep her back or to revoke his divorce. However, if the husband did not answer to her request in that very place and instead he stood up and began walking or, he did not get up but the wife stood up and began walking about, and only then did the husband say: The request and the reply to it have to be uttered in one place.

Separating from one's husband in such a manner is referred to khula in the Sharah. The man says: But if the woman did not reply at that very place - instead, she stood up or did not even accept his khula, it will not be considered. However, if the wife remained seated in her place and the man stood up after having said this, and the woman accepts the khula after he stood up, even then khula takes place.

There was no mention of any money or any other monetary compensation on the part of the husband or the wife. Even then, whatever the man was owing to his wife or whatever the wife was owing to her husband will be forgiven.

If the man still had a balance of the mahr to pay, it will be forgiven. If the woman has already received the total amount due to her, she does not have to return anything to the man.Instead, she will have to give a verbal reply. One is that the person issues them at one time, e. However, after reaching the age of maturity, she has the right to endorse this nikh or to go and complain to a Muslim judge and have this marriage annulled. It is mentioned in a Hadth that Raslullh sallallhu alayhi wa sallam said: "Marry so that I can be proud of your numbers on the day of judgement over the other nations.

The method of granting permission is mentioned in the next mas'ala.