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Divorce has some conditions which must be satisfied if it is to be valid. Firstly. when the husband pronounces the divorcep formally, he must mean it, In other words, he must have the intention of revoking the marriage contract. 1 Secondly. the husband himself must be sane, conscious and mentally fit. The divorce of a mentally ill person is not valid whether his illness is continuous or intermittent. By mental illness here. we mean permanent insanity. It also includes a man who is not in full possession of his senses because of illness. alcohol or drugs. The last case is applicable even if the drugs were taken because of medical reasons as in the case of ansesthetics and morphine which might cause a temporary loss of mental control and in which case, the divorce is invalid. cUthm9n' said, "A divorce given by an insane man or a drunk is not valid. " 2 Ali also said, "All divorces are legally valid except that of person who has no intelligence insane or drunk). 3 Thirdly, he must be adult, of age. The divorce of a young person is not valid. 4 Fourthly, he must divorce of his own free will. The divorce of a man forced to divorce his wife is invalid. As far as divorce pronouncement is concerned. two conditions must be satisfied. Firstly, the pronouncement must be a clear statement indicating with no confusion what is Intended. For example, if a man gets angry with his wife and as a result of that, sends her to her 1. Al-Jairi, op. cit., P. 279 2. Sahih al Bukharis Vol. 7. P. 144 3. Ibid 4. Al JaJir!. op. cit., P. 279 5. Ibid 113
6 114 family's house together with all her belongings without pronouncing a divorce statement, this will not be considered a divorce because this is not a clear intention on his part to terminate the marriage. 1 Also, divorce cannot be undertaken just by intention and without pronouncement. But there must be an intention behind the pronouncement of divorce. For example, if a man, for whatever reason, says to his wife, You are divorced, while he does not really mean to divorce, her. then the divorce is not valid. The divorce pronouncement was made by mistakee Kinds of Divorce Divorce is of two kinds : "Sunni" and "bidi". The Sunni divorce is conditioned in terms of times (at which divorce could happen) and the number of times. This gives the couple a chance to reconsider their marital life, and they may get back together. The Bidi divorce is the divorce which is not conditioned in terms of time and number of times, for example, if a man divorces his wife, while she is menstruating, because the SunnT divorce require the wife to be in a state of purity. Islam did that for many reasons, for instance, the woman during the period of menstruation is liable to become ill-tempered And easily inaccessible because this time is a very difficult time for her.. A time of changing the physical condition of the body which causes depression, tension and irritability. So. these changes in the body and this physical disability might lead her to act badly which she would regret on becoming clean. Another reason for that is intercourse is forbidden iý Islam during all such - times of impurity. and is commonly the basis of love and amity between 1. lbid 2. Ibid C-
- Page 65 and 66: 0 The Qurlan caýe prohibiting this
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- Page 99 and 100: give me what is sufficient for me a
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- Page 105 and 106: The idea behind the Qurlanic verse
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- Page 111 and 112: Divorce in Islam Islam considers ma
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6 114<br />
family's house together with all her belongings without pronouncing a<br />
divorce statement, this will not be considered a divorce because<br />
this is not a clear intention on his part to terminate the marriage. 1<br />
Also, divorce cannot be undertaken just by intention and without<br />
pronouncement. But there must be an intention behind the pronouncement<br />
<strong>of</strong> divorce. For example, if a man, for whatever reason, says to his<br />
wife, You are divorced, while he does not really mean to divorce, her.<br />
then the divorce is not valid. The divorce pronouncement was made by<br />
mistakee<br />
Kinds <strong>of</strong> Divorce<br />
Divorce is <strong>of</strong> two kinds : "Sunni" and "bidi". The Sunni divorce<br />
is conditioned in terms <strong>of</strong> times (at which divorce could happen) and<br />
the number <strong>of</strong> times. This gives the couple a chance to reconsider<br />
their marital life, and they may get back together. The Bidi<br />
divorce is the divorce which is not conditioned in terms <strong>of</strong> time<br />
and number <strong>of</strong> times, for example, if a man divorces his wife, while she<br />
is menstruating, because the SunnT divorce require the wife to be in<br />
a state <strong>of</strong> purity. Islam did that for many reasons, for instance,<br />
the woman during the period <strong>of</strong> menstruation is liable to become<br />
ill-tempered And easily inaccessible because this time is a very<br />
difficult time for her.. A time <strong>of</strong> changing the physical condition<br />
<strong>of</strong> the body which causes depression, tension and irritability. So.<br />
these changes in the body and this physical disability might lead<br />
her to act badly which she would regret on becoming clean. Another<br />
reason for that is intercourse is forbidden iý Islam during all such<br />
- times <strong>of</strong> impurity. and is commonly the basis <strong>of</strong> love and amity between<br />
1. lbid<br />
2. Ibid<br />
C-
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