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Divorce And Polygamy According To Islam – Divorce and polygamy written by renowned Islamic scholar Allama Yusuf Alqardhawi

In recent years the massive missionary machinery and orientalists have tried to attack Islam and corner Muslims regarding two important issues, divorce and polygamy.

This is despite the fact that these two aspects among the good things that Islam is proud of.It is indeed very unfortunate that some Muslims too very to portray these two issues as problem areas for Muslims and Islam. The way they talk about the two issues abundantly shows that they feel ashamed of them.

The sever attack on Islam led by orientalists especially regarding polygamy and divorce is simply misplaced.

On the contrary the truth is that Islam has solved myriad problems of family life and society by coming out with clear and well laid out legislations. The basic issues in my view is only clearing the misgivings about them besides wrong implementation of the laws in this regard in some societies. It must be accepted here that when wrongly implemented. It has very adverse and unpleasant consequences.

Why Islam Made Divorce Legal?

Islam doesn’t claim that divorce is commendable act. On the contrary it doesn’t favour many types of divorces, including those that badly impact a family.

It must be kept in mind that Islam has emphasized the importance of family life and takes great pain in implementing the construction of the permissible things in the eyes of Allah is divorce.

It is truth that Quran likens causing the separation between a husband and wife to the action of heretic sorcerers.

The almighty says, “They learned from them (angels named as Harut and Marut) the means to sow discard between man and wife. (2:102)
Divorce is nothing short of painful surgery in the eyes of Islam. In such painful surgeries a wise man bears the severe pain emanating from the injury. At times even amputation is allowed in order to save the body from a sure greater loss in future.

Similarly when hatred and animosity between husband and wife takes root and all the efforts of reconciliation fail, divorce or separation becomes the only option. This is the only sour pill that has no other alternative in the given circumstances. If there is no reconciliation despite all the efforts separation is indispensable.

Qur’an says, “But if they separate,Allah shall,through His capacity,make each of them need free of the other. (4:130)

Regarding divorce what Islam decrees is also based on reason, wisdom and overall interest of the believers. It is unnatural and abnormal that union is superimposed upon two individuals despite the two having deep mistrust animosity towards each other. They are not ready to cohabit despite the all possible efforts of reconciliation between them.

Without doubt, it will be very cruel to keep the two bound to each other on the force of law. A criminal can be as bad as hell and a man or woman cannot survive such relationship.

A wise old man said among the worst calamities in this world is to live with someone who does not agree with you, but doesn’t leave you.

Renowned Arabic poet Abu Tayyab Mutanabbbi said, “Among the most painful problems in the world for a dignified person is the inseparability with foe.” If this is said about someone who may spend merely hours or a few days, time with a man, how about a wife who stays with him for the entire life.

Why Men Have Been Given the Right to Divorce?

The man is the head of the family he looks after it and takes care of all all its needs, provides for every member of the family and takes care of maintenance. The whole burden of the family is on his shoulders. Can you believe that someone who constructs the family brick by brick will be prepared to destroy this whole building all in a sudden?

There must be very powerful reasons under which may even think of bearing such a huge loss.

Secondly, man keeps an eye for the consequence. Mostly he has a balanced outlook of the world. He is usually nit as much emotional as a woman and thus it was more practical to keep the divorce in his hands.

Women are mostly very emotional. They are more driven by emotions during menstruation period. If the decision to divorce was given to her hands, she may not think twice before actually taking the call in this regard.

Similarly it was not deemed wise to leave the divorce to courts of law that will certainly be discussed and written extensively in the media.

In the west, divorce is given through courts. Nonetheless it has not reduced the rate of divorce in western societies. On the contrary the instance of divorce have substantially gone up there. Courts have failed to stand in the way of divorce between man and woman.

How a Woman Get Rid of a Hateful Husband?

Islam has given many resources and choices to woman in the given circumstances. She can use any of the following options to get rid of her husband:

1. In the marriage contract she can demand the option of divorce in her hands, instead of her husband and this is permissible under Islamic law.

2. She can also get rid of her husband by paying off to him. She can pay him back the amount of mahar or other gifts that he had given to her.

3. Divorce can also be implemented through the two arbiters when there are irrevocable differences between the husband and wife.

4. If the husband is impotent the woman has every right to approach the court and it should annul the marriage to relieve the woman from such a torture.

5. If the husband is beater or doesn’t take care of her, refuses to give maintenance, and tortures her physically and mentally, she has right to demand divorce from him.

How Islamic Divorce Takes Place?

The man who is planning to divorce his wife should be well balanced, sensible and judicious. He should have the intention to divorce and be physically separated from his wife.

If he is under pressure or extremely angry and furious and has no sense of what he uttered in this condition then the divorce will not be valid.

The man should not divorce during menses, nor during the time when she is purified and the two had intercourse.

On aspect that must be kept in mind is the fact that it must be conducted with utmost sincerity and at the right time.

The only remaining type of divorce is the one in which the man actually intends to do it and thinks of consequences of his decision. He knows that divorce is the only solution for his misery that he cannot suffer from it any further.

Post-divorce

Uttering the word Talaq or divorce doesn’t mean an end to couple’s conjugal life and completely cut off the marriage ties.

Qur’an gives every divorced man two chances to go back and reconcile with his wife.

Ideally the word divorce or talaq must be uttered a single time. But if the divorces occur one after another, and if the two times do not succeed in changing their minds, the third divorce is the final.

Giving triple talaq at once is against the decree of the Qur’an but it will be implemented.

Tags: Divorce and polygamy according to Islam written by Allama Yusuf Alqardhawi Translated by Mufti Anas Nadwi

What is The Hadith in Islam: If you are looking for a brief history of hadiths compilation and if you are searching tareekh e tadween e hadith then you are at right place.

In this article we told the earlier history of hadiths as well as meaning of Hadith (Hadith Definition)

What is The Hadith in Islam

According to Encyclopedia of Britannica, hadith is a record of traditions or sayings of the prophet Muhammad revered and received as a major source of religious law and moral guidance second only to the authority of the Quran, the holy book of Islam.

According to Wikipedia is one of the various reports describing the words and actions or habits of the prophet Muhammad.

According to Allama Ibn e Hajar Asqalani, whatever belongs to the last messenger, is Hadith.

What is the meaning of Hadith?

History of Hadiths Compilation

When did it come into existence?

The last prophet Muhammad was sent to Makkah where the people have sharp memories. They believed their memories so much, that they wanted not to write anything. Dictation or writing was looked down upon as compared to oral transmission.

So that there were very few persons who have the writing ability. They memorized the names of their 30 ancient fathers. Not that only but they remembered their horse’s races as well as the man.

But, the word is a word that has no value after few moments. When the messenger told the people the importance and encouraged them to read and write, they paid attention and they began to write the words of the last prophet.

They wrote on the leaves, bones and the pieces of leather. Once he ordered not to write everything for they could mix the Quran with His sayings. After that, He permitted them when He believed that they had learned the difference between His words and the words of Allah.In the other words the difference between Hadith and Quran.

So the compilation of hadith in a book form had become a known practice even during the prophet’s lifetime.

Thus, many of his companions had collected a lot of his sayings and doings and His wives described His personal life, (because the messenger did not come to teach only the public work and social reform, He came to change the lives.)

So, there were found many collections of hadith prepared by His companions, called ‘Sahifa’. Ali bin Abu Talib, son in law of the messenger, had compiled a small book containing traditions of the prophet.

Abdullah bin Amr bin Aas had also collected by permission of the prophet some traditions in a book which he named Al-sahifa Al-sadiqah.

Jabir bin Abdullah was the compiler of a small collection of hadith.

Abu Bakr Siddiq had also a collection of hadiths.

Amr Bin Hazm and Abu Huraira are also reported to have gathered some traditions.

Later on, Hammam bin Munabbah, the pupil of Abu Hurairah, came and compiled a famous sahifa of which manuscripts are found in in the libraries of Berlin and Damascus.

This is recorded work of the first century. After that, when Umar bin Abdul Aziz became the caliph, he promoted the experts to collect the sayings of the messenger. They began to write down them.

Thus, the work of compilation of Hadiths, which began in the first century, became a subject of research in the second century because of promoting by the king of the time.

What do other people say about hadith?

Many people, these days, think that the books of hadith (the collection of the quotes of last messenger and his works) came into existence in the third century. They told that there was no book of hadith before the third century.

Maybe they think that the first book of hadith is Bukhari Sharif. But that is not true as we have described it in detail. The work of collecting the quotes of the last messenger had started in the first century but in his life.

Once the messenger asked one of his companions why you stopped to write my sayings. He replied that you had told not to write them. So I stopped then. The messenger said to him, “I am a messenger of God and I don’t say even a word but truth, so keep on writing.”

Read More – Five Pillars of Islam

What is the importance of Bukhari Shareef?

Bukhari Shareef, no doubt, is a valuable and most authentic book of hadith and the most trusted collection. Imam Bukhari was a great scholar. There are big efforts of Imam Bukhari behind Bukhari Shareef.

He had collected seven thousand hadiths by his hard work. But neither the first book of hadith is Bukhari Sharif as many people think nor Bukhari Shareef is the last word in the hadiths.

Reference: Tareekh e Tadween E Hadees by Abdu Rasheed Nomani and Tadween E Hadees By Munazir Ahsan Gialni

That’s All about the topics of, What is The Hadith in Islam.