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Wording Of Divorce
Aoa, was thinking how the words ‘ i divorce you ‘ became the way for divorce, like did the imams get these through tawatur or any hadis, how dis it trace back to the time of the prophet?
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18 Replies
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Wording Of Divorce
updated 9 months, 1 week ago
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18
Replies
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Ghamidi Sahab writes:
“If it becomes impossible for a husband and wife to get along with one another, there exists in divine religions the option of separation from one another. In religious parlance, this separation is called طلاق (talaq: divorce). As per the traditions of Abraham’s religion, the Arabs were fully aware of it in the jahiliyyah period. No doubt certain deviations and innovations had found way in their concept, however, a study of their history reveals that the law of divorce that existed in their society was almost the same as what Islam presented [1]. In the above quoted verses of Surah Talaq, the Almighty has revived with certain additions and amendments that very law. Certain details of this law are also mentioned in Surah Baqarah and Surah Ahzab, but a little deliberation shows that the basic verses in this regard are those of Surah Talaq stated above“.
(Excerpt from Meezan: Javed Ahmed Ghamidi)
(Rendered into English by Dr. Shahzad Saleem)
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[1]. المفصل فی تاریخ العرب قبل الاسلام ، جواد علی ۵/ ۵۴۸۔
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It is the concept of divorce which has always always existed in Sharia of all prophets along with its procedure. The wording “I divorce you” is not a necessary condition for divorce to happen. Divorce can still happen through legal means via notice or other social means applicable in the society. The point is that it must be communicated to the wife and saying of words “I divorce you” is one of such means. However, there is a whole procedure that needs to be followed for a divorce to be effective as enumerated in Quran.
(Procedure of Divorce: Discussion 1410)
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I see, jazakallah khair, so technically even if the law of pakistan declares oral pronunciation of divorce with words ‘ i divorce you’ ineffective until registered to union council, according to shariah and sunnah it does still take place. Either route causes it to be effective.
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Yes, but the law has auhtority to declare it ineffective if some procedural matters required by the law were not being followed.
According to Ghamidi Sahab, following the law of the land is a separate religious requirement and if a procedural law is made by the state for instance in matters of marriage and divorce, then that law must also be followed
For details on following the law of the land:
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Regarding following the procedural law of divorce in Pakistan:
Please also refer to the video below from 17:01 to 19:14
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Yes i get it, registering is good but, oral does also take place, jazakallah khair brother, may allah bless you with so much ameen.
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If government does not involve itself, marriage was not registered anyway, then getting it registered with the union council for its effectiveness, wont be necessity right? Considering oral divorce was given, both parties understood and parted, so full-filling the need for registration with the union council for an unregistered marriage wont be compulsory, contrary to the law of land right? It will still be effective according to shariah, yup? So going against law in this scenario but abiding by the sunnah will be perfectly effective?
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Also, what about fasid or irregular marriage, does it require a divorce, does it exist? Would just saying ‘i have left you’ be enough or would registering and following the law of pakistan be required for that aswell
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There are two things that require distinction:
1) Divorce: As long as sharia requirements of divorce are fulfilled, the divorce is effective.
2) The law: If a law is present, that law must also be followed as a separate religious requirement. And if the matter comes to the court of law, the law has the authority to decide fate of that divorce if it was initially not followed.
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A bit confused, if someone who did not have a registered marriage says ‘ i divorce you’ to his wife and then does-not get divorce registered either, the law never approaches him as they did not know he was married as he had not gotten his marriage registered, will his divorce be effective when he spoke it, or until he does not follow the law, its like no divorce happened?
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The divorce if given according to Quran would be effective, however the person has violated another religious injunction in which he violated the law of the land. But please note that just saying the word “I divorce you” does not make a divorce effective, there is a complete Law of Divorce in Quran which should be followed in its letter and spirit. In case where one has violated the Quranic law of divorce, then the matter will be referred to a scholar in the absence of a court or to the court in their presence.
Procedure of Divorce:
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I understand, could you look through the hadis or the sources which ghamdi sahb ised to get to his analysis that these words do cause divorce, cause i could not find any hadis directly showing any clear words, and a gap in the procedure of talaq is seen, it is proved it can take place orally through ahadis, but lack in the wording makes using the governments procedure likely obligatory? but how with the words i divorce you, could it still happen, can you guide with the references.
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Please refer to the video below and specially from 13:19 to 14:44
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Sir still, where have they deduced that this wording was used used infront of the prophet and is sunnah?
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I kindly just want to know, how its is made hujjat that these words cause divorce, cause like you said, it is against govt law, ulool amr law, so how is the word proved as hujjat, what is the reference. Rukana dis give three talaqs but how? Were talaq his words?
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These specific words are not Sunnah. It is the concept of divorce which has always always existed in Sharia of all prophets along with its procedure. The wording “I divorce you” is not a necessary condition for divorce to happen. Divorce can still happen through legal means via notice or other social means applicable in the society (in the absence of legal requirements). The point is that it must be communicated to the wife and saying of words “I divorce you” is one of such means. However, there is a whole procedure that needs to be followed for a divorce to be effective as enumerated in Quran.
In cases where a matter goes to the court, the court has a right to analyse all these points i.e. what words were used, how they were communicated, whether legal procdure was followed or not and then decide the matter. The same was the case with Rukana, the matter came to the court of Prophet (sws) and after listening to his arguments, the decision was made.
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I appreciate that you take out time, to reply, but ive been asking the same thing for a while now, how do you make it hujjah, for us, our prophets sunnah is hujjah, so how does saying talaq and it happening, while the law says its does not take place orally, happen, how does it become hujjah, i just wanna know that part of it? Brother i hope ive tried to make it simple, do u use a certain hadis, a certain quranic text?
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Because, i cant find the way, divorce is to be pronounced, thorugh ahadis, is why im here, in the absence of a way of pronouncing, the governments method of divorce becomes hujjah no?
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I have tried my best to explain my understanding in this regard but I failed to convey my message properly for which I apologize.
We can request Dr. Irfan Shahzad Sahab ( @Irfan76 ), may be he can provide a better explanation.
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The obvious things are usually not mentioned. It is understood that the verb of the noun Talaq has been used to divorce. Further discussion is not necessary on this point.
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