Talaq during pregnancy valid. Divorcing a woman by talaaq when she is pregnant 2022-10-12
Talaq during pregnancy valid Rating:
Talaq, also known as divorce in the Islamic tradition, is a process in which a Muslim man can legally end his marriage by simply stating the word "talaq" (meaning "divorce" in Arabic) to his wife. In some cases, the husband may repeat the word talaq multiple times in order to make the divorce final. While the practice of talaq has been controversial and the subject of much debate within the Muslim community, it is important to consider the question of whether talaq during pregnancy is a valid form of divorce.
There are different opinions on this matter within the Islamic tradition. Some scholars argue that talaq during pregnancy is not valid because the unborn child has a right to a mother and a father. According to this view, it is not fair to the child to allow the marriage to be dissolved during pregnancy, as the child will be born into a situation where one of its parents is absent.
Other scholars argue that talaq during pregnancy is valid, but only if certain conditions are met. For example, some scholars argue that talaq during pregnancy is only valid if the husband has provided for the financial needs of the wife and child, or if the husband has obtained the consent of the wife before issuing the talaq.
In general, it is important to note that the practice of talaq is not universally accepted within the Muslim community. Some Muslims believe that talaq should be abolished altogether, while others believe that it should be reformed to better protect the rights of women and children.
Overall, the question of whether talaq during pregnancy is a valid form of divorce is a complex and nuanced one that requires careful consideration of the various legal, social, and moral factors at play. While it is ultimately up to individual Muslims and their religious authorities to determine the validity of talaq during pregnancy, it is important to approach this issue with sensitivity and a commitment to justice and fairness for all parties involved.
Talaq during pregnancy
There is much stigma attached with being divorced in the Muslim community. So, the hukm is from within the shari'ah, not an external ruling. If divorced happened she will go back to her parents and i fear that they will grow my child as christian. But if he intended the affirmation ta'keed and not issuing the rest of talaqat, it would be counted as only one talqah. The abortion is planned for 26 march, which is over 3 days. Nasaai P98v2 Even though the Prophet expressed extreme anger on the giving of three talaqs at one sitting, it is not reported anywhere that he ruled the mans talaq to be revocable i.
However, if the husband does not want her back or if the wife does not want to go back because of her husband being abusive to her then she should contact the local Mufti or scholar who will arrange to have her marriage annulled with the husband. This is a cruel and unforgivable sin. If she is certain that he did in fact give her three talaqs or a Talaq Baain and in order to save herself from sinning by remaining to live with him as a wife, it will be obligatory for her to keep away from him. It is to be noted that this power could be absolutely or conditionally or it may be permanently or for a particular period of time. My husband's nature is really naïve, and for him the one and only person on earth who is right is his mum. Abu al-Hassan, Bidayat al-Mubtadi, p. Shaykh Ibn Baaz may Allaah have mercy on him was asked whether a woman may be divorced by talaaq when she is pregnant.
is triple talaq valid if the lady has concieved within 3 months of iddah
This irrevocably severs the marriage, whether such talaq was issued over a period of time, in one sitting or in one breath. Imam Juwaini commented on their view: اتَفَقَ حَمَلَةُ الشَّرِيعَةِ عَلَى أَنَّ الطَّلاَقَ - وَإِنَّ كَانَ مُحَرَّمًا - نَافِذٌ، وَلَا اِكْتِرَاثَبِمُخَالَفَةِ الشِّيعَةِ فِي ذَلِكَ "The carriers of shari'ah classical scholars agreed that the triple talaq — even if prohibited — it is executed and there is no weight for the disagreement of Shiites on this. What do I do? It was his birthday, so I took him out for a few days. If she menstruates and becomes pure again, give her another divorce if you still insist divorcing her and if she menstruates and becomes pure again, give her another divorce if you still insist your decision of talaq , then after that, she should wait for another menstrual cycle. A woman is very strong, only at times of difficult this becomes clear.
I want you to understand that well. The guardian cannot pronounce talaaq on behalf of a minor husband. Who wanted me to feed him. By the same token, it is unacceptable for a wife to goad a husband through belittling him. See a full discussion here. In Muslim law it is a generic name for all kinds of divorce. A marriage of 6 months, a baby in my stomach, love in my heart for him and full of grief.
I just want to know if in this condition talaq is effective: One day before meet my wife I wrote in paper: "I Salim give talak to you Salma". In this big house, we are the only couple but we've got the smallest room. What did the two of you fight about? There is much on this topic, but given your current state of mind and that you are pregnant, please clear your mind of these ideas. Can the man take back his wife if he wishes to before she delivers the child? Ibn Rushd, Bidayar al-Mujtahid, Vol. What are the various options and implications? Bid'i because of the number of talaqat he issued in one sitting. What does shariyat Say? For more details go through the chapter with expert commentary to understand in depth. Nasaai P98v2 Even though the Prophet ṣallallāhu 'alayhi wa sallam peace and blessings of Allāh be upon him expressed extreme anger on the giving of three talaqs at one sitting, it is not reported anywhere that he ruled the mans talaq to be revocable i.
Yes, if she is also doubtful, then she will act according to the procedure outlined above. References Abu al-Hassan, Bidayat al-Mubtadi Abu Bakr al-Jasas, Sharh mukhtasar al-Tahawi Al-Haytami, Tuhfat al-Muhtaj Badlahi, al-Ikhtiyar li-Ta'leel al-Mukhtaar Juwini, Nihayat al-Matlab fi Dirayat al-Madhab Ibn Rushd, Bidayar al-Mujtahid Ibn Qudamah, al-Mughni Ibn Hazm, al-Muhala Quduri, Mukhtasar al-Quduri fi al-Fiqh al-Hanafi Tha'labi, al-Talqeen fi al-Fiqh al-Maliki. My wife and I had a big argument after she had just completed her menses. Please refer to this excerpt from Finally, it should be noted that, if a woman heard her husband pronounce three divorces and has no doubt in this, but her husband is doubtful, then it will not be permissible for her to treat him as her husband. I was doubtful because recently my other engagement broke.
If a lady does not follow her "iddat" after divorce. They asked him to give the marriage a second chance, but he was not willing to. Whereas in the Case of Manak Khan v. . Accept appology for my english Allah bless u. Of course it would be nice to have an answer for the title Question as a kind of overview with quick notes.
Divorce Under Muslim Law (Talaq): Family Law Notes
Under Hanafi law, a talaaq, pronounced under compulsion, coercion, undue influence, fraud and voluntary intoxication etc. The paper and the SMS in my cellular at least 3 people read. Praise be to Allah, the Lord of the Worlds; and blessings and peace be upon our Prophet Muhammad and upon all his Family and Companions. So, if the marriage was unbroken, but he Prophet saw did not condemn his action, so it is not forbidden. . The husband must tack her back until immediately if it was not the third talqah and keep her for the next menstrual period as well as the following purity period then he can divorce her if he still wills.
What is the sunnah method of divorce (talaq) and when does it become forbidden (bid'a)?
Some of the people think that a pregnant woman cannot be divorced by talaaq. In short, you are no longer married. When the woman married elsewhere, the other husband also divorced her. The evidence for this is, for example, what Ibn Mas'ood noted: طَلاَقُ السُّنَّةِ تَطْلِيقَةٌ وَهِيَ طَاهِرٌ فِي غَيْرِ جِمَاعٍ فَإِذَا حَاضَتْ وَطَهُرَتْ طَلَّقَهَا أُخْرَى فَإِذَا حَاضَتْ وَطَهُرَتْ طَلَّقَهَا أُخْرَى ثُمَّ تَعْتَدُّ بَعْدَ ذَلِكَ بِحَيْضَةٍ "The Sunnah divorce is a divorce issued when she is pure not menstruating without having had intercourse with her. Talaaq by a minor or of a person of unsound mind is void and ineffective. He said: Why not, was he hopeless or foolish? Did the divorce happened? This certainly is the case here. .