Law of Divorce in Islam and its Proposal
Law of Divorce in Islam and its Proposal
In a married relationship, we surely expect a lasting, happy relationship and continue together until death separates. Problems in married life certainly exist. However, as a married couple who have committed themselves before God, they must try to solve all household problems together. Unfortunately, today more and more married couples feel that their problems will not be resolved except by divorce.
Divorce or talak is termination of the relationship between husband and wife from a legal marriage relationship according to the rules of Islam and the state. Divorce is considered the last way a married couple can take to solve a problem that they might have. Even though it does not rule out the possibility that the divorce decision they take will bring the next problem, especially in relation to child custody. Therefore, we should try as much as possible to prevent this divorce.
Definition of Divorce
According to the Islamic Shari'a, divorce is giving up the marriage bond or breaking the marriage relationship between husband and wife. with this divorce, their rights and obligations fall as husband and wife. that is to say, they can no longer relate as husband and wife, touch or be alone, just like when they were not married first.
Divorce based on the Koran
Islam has arranged everything in the Koran. Not only the rules of worship, such as prayer, zakat, fasting, pilgrimage and others, Islam also gives rules to humans in their lives socializing. In fact, the Qur'an also regulates the rules and regulations in the household, including how if there are unresolved problems in the household.
Islam does allow divorce, but God hates divorce. That means, divorce is the last choice for married couples when there is no other way out. In the letter al Baqarah verse 227 is mentioned, "And if they are determined to divorce, then truly, Allah is Hearing, All-knowing." The verse about the law of divorce continues to the letter al Baqarah verses 228 to verse 232.
In the verses of the letter al Baqarah above, explained the rules regarding the law of divorce, the period of iddah for wives, to the rules for women who are in their iddah period. From here we can find out that Islam gives very complete rules about the law of divorce. Of course these rules really pay attention to the benefit of the husband and wife and prevent losses on one side.
Not only in Surat al-Baqarah, in Athala Thalaq verses 1-7 also discussed the rules of marriage. There it mentions the obligation of the husband to the wife to what rules when a wife is in the period of iddah From a number of verses that have been discussed, we know that in Islam divorce is not prohibited, but must follow certain rules.
Divorce Types
Maybe before we know a little that divorce or divorce can be done by a husband, or a wife who demands divorce from her husband. The following will discuss the types of divorce that can be distinguished from who said the divorce said.
A. Divorce Divorce by Husband
This divorce is the most common, namely the husband who divorces his wife. This can happen for various reasons. With the husband saying the word divorce to his wife, divorce has happened at that time, without the need to wait for a court decision.
Talak Raj'i
In raj'I talak, the husband pronounces one divorce or two divorces to his wife. Husbands may refer back to their wives when they are still in the iddah period. However, if the iddah period has expired, the husband may no longer be referred to except by making a new marriage contract.
Bain's divorce
Good Divination is a divorce where the husband pronounces triple divorce to his wife. In this condition, the wife may not be referred back. A new husband will be allowed to refer his wife again if his wife has married another man and has a husband and wife relationship with a new husband who is divorced and expired.
Sunni divorce
This sunni divorce is when a husband pronounces divorce divorce to his wife who is still pure and has not yet had a husband and wife relationship when they were still pure.
Talak Bid'i
Husband pronounces divorce to his wife when his wife is menstruating or when his wife is holy but has been fucked.
Talak Taklik
In takak taklik, a husband will divorce his wife with certain conditions. In this case, if the specified conditions or causes apply, then divorce or divorce will occur.
B. Sues Divorced Wife
Unlike the divorce done by the husband, this divorce wife must wait for a decision from the court.
Fasakh
Fasakh is a divorce application without compensation from the wife to the husband due to several cases, including the husband does not give birth physically for 6 consecutive months, the husband leaves his wife for 4 consecutive months without news, the husband does not pay off the dowry mentioned during the contract marriage (either partially or wholly) before the occurrence of a husband and wife relationship, or the existence of bad treatment from the husband to his wife.
Khulu '
Is a divorce which is a fruit of agreement between husband and wife with the giving of a number of assets from the wife to the husband. Related to this is found in Surat al-Baqarah verse 229.
Divorce Law
The law of divorce in Islam can vary. Based on the root of the problem, the mediation process and so on, divorce can be of mandatory value, sunnah, makruh, mubah, to haram. The following will discuss the details of divorce law in Islam:
Mandatory Divorce
A divorce can have a mandatory law, if the couple cannot make peace. They both no longer have a way out other than divorce to solve the problem. In fact, after the presence of two representatives from the husband and wife, the problem of the household did not end and the husband and wife could not make peace. Usually, this problem will be brought to court and if the court decides that divorce or divorce is the best decision, then the divorce becomes mandatory.
In addition to the problems that cannot be resolved, there are other reasons that make divorce compulsory. That is when the wife commits abusive acts and no longer wants to repent, or when the wife falls away or leaves the religion of Islam. In this case, a husband is obliged to divorce him.
Divorce
Apparently, divorce can also get sunnah law when certain conditions occur. One of the causes of divorce is its legal sunnah when a husband is unable to bear his wife's needs. In addition, when a wife no longer maintains her dignity and the husband is no longer able to guide her, then a husband is divorced for divorce.
Makruh Divorce
If a wife has noble character, has good religious knowledge, then the law to divorce her is makruh. This is the law of origin of divorce. This was deemed by the husband as having no clear reason why he should divorce his wife, if their household could still be saved.
Mubah Divorce
There are certain reasons that make the law of divorce mubah. For example, when a husband no longer has desires or when his wife has not arrived menstruating or has had her menstrual breakup.
Haram Divorce
There are times when divorce is carried out has an illegitimate law in Islam. This happens if a husband divorces his wife when the wife is menstruating or childbirth, or when the wife is in the holy period and at the holy time the husband has been married to his wife. In addition, a husband is also illegitimate to divorce his wife if it aims to prevent his wife from claiming his property. Not only that, it is also forbidden to say divorce more than once.
Divorce Pillars
Even in the divorce process, Islam has rules or harmony that must be fulfilled. This is a legal requirement for divorce, so if it is not fulfilled, the divorce process is not valid. The following are the pillars of divorce that must be known:
Divorce Pillars for Husbands
The divorce will be valid, if a husband has a healthy mind, baligh and with his own will. So, if the husband divorces his wife because there is coercion from another party, such as a parent or family, the divorce becomes invalid.
Divorce Pillars for Wives
Meanwhile, a wife will be legally divorced if her marriage contract with her husband is legal and she has not been divorced with triple divorce by her husband.
Hopefully our family is always protected by God!
In a married relationship, we surely expect a lasting, happy relationship and continue together until death separates. Problems in married life certainly exist. However, as a married couple who have committed themselves before God, they must try to solve all household problems together. Unfortunately, today more and more married couples feel that their problems will not be resolved except by divorce.
Divorce or talak is termination of the relationship between husband and wife from a legal marriage relationship according to the rules of Islam and the state. Divorce is considered the last way a married couple can take to solve a problem that they might have. Even though it does not rule out the possibility that the divorce decision they take will bring the next problem, especially in relation to child custody. Therefore, we should try as much as possible to prevent this divorce.
Definition of Divorce
According to the Islamic Shari'a, divorce is giving up the marriage bond or breaking the marriage relationship between husband and wife. with this divorce, their rights and obligations fall as husband and wife. that is to say, they can no longer relate as husband and wife, touch or be alone, just like when they were not married first.
Divorce based on the Koran
Islam has arranged everything in the Koran. Not only the rules of worship, such as prayer, zakat, fasting, pilgrimage and others, Islam also gives rules to humans in their lives socializing. In fact, the Qur'an also regulates the rules and regulations in the household, including how if there are unresolved problems in the household.
Islam does allow divorce, but God hates divorce. That means, divorce is the last choice for married couples when there is no other way out. In the letter al Baqarah verse 227 is mentioned, "And if they are determined to divorce, then truly, Allah is Hearing, All-knowing." The verse about the law of divorce continues to the letter al Baqarah verses 228 to verse 232.
In the verses of the letter al Baqarah above, explained the rules regarding the law of divorce, the period of iddah for wives, to the rules for women who are in their iddah period. From here we can find out that Islam gives very complete rules about the law of divorce. Of course these rules really pay attention to the benefit of the husband and wife and prevent losses on one side.
Not only in Surat al-Baqarah, in Athala Thalaq verses 1-7 also discussed the rules of marriage. There it mentions the obligation of the husband to the wife to what rules when a wife is in the period of iddah From a number of verses that have been discussed, we know that in Islam divorce is not prohibited, but must follow certain rules.
Divorce Types
Maybe before we know a little that divorce or divorce can be done by a husband, or a wife who demands divorce from her husband. The following will discuss the types of divorce that can be distinguished from who said the divorce said.
A. Divorce Divorce by Husband
This divorce is the most common, namely the husband who divorces his wife. This can happen for various reasons. With the husband saying the word divorce to his wife, divorce has happened at that time, without the need to wait for a court decision.
Talak Raj'i
In raj'I talak, the husband pronounces one divorce or two divorces to his wife. Husbands may refer back to their wives when they are still in the iddah period. However, if the iddah period has expired, the husband may no longer be referred to except by making a new marriage contract.
Bain's divorce
Good Divination is a divorce where the husband pronounces triple divorce to his wife. In this condition, the wife may not be referred back. A new husband will be allowed to refer his wife again if his wife has married another man and has a husband and wife relationship with a new husband who is divorced and expired.
Sunni divorce
This sunni divorce is when a husband pronounces divorce divorce to his wife who is still pure and has not yet had a husband and wife relationship when they were still pure.
Talak Bid'i
Husband pronounces divorce to his wife when his wife is menstruating or when his wife is holy but has been fucked.
Talak Taklik
In takak taklik, a husband will divorce his wife with certain conditions. In this case, if the specified conditions or causes apply, then divorce or divorce will occur.
B. Sues Divorced Wife
Unlike the divorce done by the husband, this divorce wife must wait for a decision from the court.
Fasakh
Fasakh is a divorce application without compensation from the wife to the husband due to several cases, including the husband does not give birth physically for 6 consecutive months, the husband leaves his wife for 4 consecutive months without news, the husband does not pay off the dowry mentioned during the contract marriage (either partially or wholly) before the occurrence of a husband and wife relationship, or the existence of bad treatment from the husband to his wife.
Khulu '
Is a divorce which is a fruit of agreement between husband and wife with the giving of a number of assets from the wife to the husband. Related to this is found in Surat al-Baqarah verse 229.
Divorce Law
The law of divorce in Islam can vary. Based on the root of the problem, the mediation process and so on, divorce can be of mandatory value, sunnah, makruh, mubah, to haram. The following will discuss the details of divorce law in Islam:
Mandatory Divorce
A divorce can have a mandatory law, if the couple cannot make peace. They both no longer have a way out other than divorce to solve the problem. In fact, after the presence of two representatives from the husband and wife, the problem of the household did not end and the husband and wife could not make peace. Usually, this problem will be brought to court and if the court decides that divorce or divorce is the best decision, then the divorce becomes mandatory.
In addition to the problems that cannot be resolved, there are other reasons that make divorce compulsory. That is when the wife commits abusive acts and no longer wants to repent, or when the wife falls away or leaves the religion of Islam. In this case, a husband is obliged to divorce him.
Divorce
Apparently, divorce can also get sunnah law when certain conditions occur. One of the causes of divorce is its legal sunnah when a husband is unable to bear his wife's needs. In addition, when a wife no longer maintains her dignity and the husband is no longer able to guide her, then a husband is divorced for divorce.
Makruh Divorce
If a wife has noble character, has good religious knowledge, then the law to divorce her is makruh. This is the law of origin of divorce. This was deemed by the husband as having no clear reason why he should divorce his wife, if their household could still be saved.
Mubah Divorce
There are certain reasons that make the law of divorce mubah. For example, when a husband no longer has desires or when his wife has not arrived menstruating or has had her menstrual breakup.
Haram Divorce
There are times when divorce is carried out has an illegitimate law in Islam. This happens if a husband divorces his wife when the wife is menstruating or childbirth, or when the wife is in the holy period and at the holy time the husband has been married to his wife. In addition, a husband is also illegitimate to divorce his wife if it aims to prevent his wife from claiming his property. Not only that, it is also forbidden to say divorce more than once.
Divorce Pillars
Even in the divorce process, Islam has rules or harmony that must be fulfilled. This is a legal requirement for divorce, so if it is not fulfilled, the divorce process is not valid. The following are the pillars of divorce that must be known:
Divorce Pillars for Husbands
The divorce will be valid, if a husband has a healthy mind, baligh and with his own will. So, if the husband divorces his wife because there is coercion from another party, such as a parent or family, the divorce becomes invalid.
Divorce Pillars for Wives
Meanwhile, a wife will be legally divorced if her marriage contract with her husband is legal and she has not been divorced with triple divorce by her husband.
Hopefully our family is always protected by God!
Comments
Post a Comment