Monday, 3 March 2014

Divorce - Form Of Reconciliation

 Divorce - Form of Reconciliation (L-298)

فَإِن طَلَّقَها فَلا تَحِلُّ لَهُ مِن بَعدُ حَتّىٰ تَنكِحَ زَوجًا غَيرَهُ ۗ فَإِن طَلَّقَها فَلا جُناحَ عَلَيهِما أَن يَتَراجَعا إِن ظَنّا أَن يُقيما حُدودَ اللَّهِ ۗ وَتِلكَ حُدودُ اللَّهِ يُبَيِّنُها لِقَومٍ يَعلَمونَ230.

230.  Fa-‘in-  tallaqahaa  falaa  tahillu  lahuu  mim- ba’- du  hattaa  tankiha  zawjan  gayrah.  Fa-‘in  tallaqa-haa   falaa  junaaha  ‘alay-himaaa ‘any-yataraaja-‘aaa  ‘in  zannaaa  ‘any-yuqiimaa  Huduu-dAllaah.  Wa  tilka  HuduudUllaahi  yubayyi-nuhaa  liqawminy-ya’-lamuun.

230.  If he divorces her, she shall not be lawful for him again until she has married another husband. If the latter divorces her, then there is no blame on them for reuniting, provided they think they can maintain God's limits. These are God’s limits; He makes them clear to people who know.

Tankiha – (she has wedded), this word has been derived from Nikaah which means marriage. It has been commanded in this verse that after the third divorce the divorced woman will not be lawful for her first husband till the time she doesn’t wed any other individual and get divorce from her second husband. Here the word “tankiha” has not been used for the idiomatically meaning as wedding, but it has been used here for its original and literal meaning as ‘copulation’, because only understood meaning of the marriage has already come out from zawjan, so the aim from the word tankiha is to declare intercourse after marriage knot and that is its literal meaning.

It has been stated in this verse that if the husband doesn’t reconcile after first two divorces then now at the third time namely after the two divorces; three months are sufficient for setting them make a truce, meditation and consideration. After the third divorce the husband cannot revoke the divorce of that woman who was his wife earlier. Moreover, it is not possible that they wed again except in case that the woman wed any other person after passing the term (‘iddat) period (three months) and after copulation, that second husband either divorces her with his pleasure or dies, and three months/four months & ten days respectively of the term (‘iddat) period expires.     

It has already been mentioned that Islamic Divine Law doesn’t like the divorce certainly, so restrictions of various sorts have been imposed in this matter, and it has been instructed, “Meditate and understand thoroughly before divorce”. Islam provided many opportunities so that they may concord again, but after expiry of all these stages, while the divorce has been finalized, then now there is no chance of concession. Now the husband can’t get back again his wife easily.  https://youtu.be/pW5mHcOe1GM




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