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Hadith
Section
> A
Manual of
Hadith
> Chapter 21: Divorce (Summary of the
Chapter) Chapter
21: Talaq (lit., undoing of a knot), or dissolution of marriage, is permitted by Islam, but the right should be exercised under exceptional circumstances (hh. 1, 2). When differences arise between husband and wife, every effort should first be made for reconciliation, and private judges should be appointed for the purpose (v. 1). Divorce may be resorted to only if reconciliation cannot be effected (v. 2). The wife can claim a divorce for any good reason (vv. 2, 6 ; h. 2), even though there is no ill-treatment on the part of the husband (h. 3). The procedure laid down requires that divorce should be pronounced during the period of cleanness (h. 4), and must be followed by `iddah, a waiting period of three quru', about three months; and during this period the woman should remain in the house of her husband, and the parties may re-establish marital relations (vv. 3, 4). In the case of women who do not menstruate, the `iddah is three months, and in the case of pregnant women it lasts till delivery (v. 10). There is no `iddah when the divorce takes place before the parties have come together (v. 8). After the `iddah has passed away, the parties may remarry (v. 5). But the option for re-establishment of marital relations and remarriage is limited to two occasions, if the husband after benefiting of the permission on two occasions resorts to divorce a third time the divorce becomes irrevocable and reconciliation cannot be effected, nor can the parties remarry. An exception in this case is, however, made when the wife has married another husband and becomes eligible again for marriage through a divorce (v. 6), or any other reason. Halalah is an un-Islamic practice, and it was denounced by the Holy Prophet (h. 8). The dowry settled on the wife at the time of marriage cannot be taken back by the husband on divorce, unless the wife is guilty of adultery (v. 7), or she wants a divorce without any fault on the part of her husband (h. 3). The divorce must be pronounced in the presence of witnesses (v. 8 ; h. 9). Divorce should be pronounced only once; its utterance thrice on one occasion is un-Islamic (hh. 5, 6). The three divorces allowed are separate acts between which there must be an interval (h. 7). To give the wife option of freeing herself from the marital tie is not a divorce, unless the wife exercises the right (h. 10). The wife is considered to be divorced if the husband is mafqud (h. 11). Divorce also takes place when li`an is resorted to, but in this case the husband cannot claim the return of dowry (h. 12). If a man resorts to ila' (temporary cessation of marital relations), without naming a period, he is bound either to re-establish the normal relations after four months or to divorce the wife after the lapse of this period (h. 13).
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