Download - University of Salford Institutional Repository
Download - University of Salford Institutional Repository Download - University of Salford Institutional Repository
the hsband swears by Allah four times. that he is correct In his accusation. Then the wife swears by Allah four V. ines that her husband is lying and she then swears a further time that the curse of Allah will be on her if he is right. Then they separate. LJ"Z must be undertaken under the supervision of a judge and before people, as happened in the Prophet's time. The Qurlan explains clearly this kind of divorce in this verse: "And for those who launch a charge against their spouse, and have (in support) no evidence but their own, their solitary evidence (can be received) if they bear witness four times (with an Oath) by God that they are solemnly telling the truth; and the fifth Oath (should be) that they solemnly invoke the curse of God on themselves if they tell a lie. But it would avert the punishment from the wife, if she bears witness four times (with an Oath) by God that (her husband) is telling a lie : and the fifth Oath should be that she solemnly invokes the wrath of God on herself if (her accuser) is telling the truth. " 1 Among the results of Al-LJ. Zn are the following: A husband will never be allowed to remarry his wife; Al-LeWn is an irrevocable kind of divorde. The reason for this is that they are no longer able to trust each other; marriage cannot continue with doubts and lack of confidence between a couple. Marital life needs to be based on mutual confidence and love. 2. Neither the man or the woman will be punished for adultery or for ungrounded accusation. Ibn Umar narrated that allah's Apostle separated (divorced) the wife from the husband when he accused her of illegal sexual intercourse, and made them take the oath of Lican. 3., If the wife has got a baby whom the husband denies is his then the baby belongs to his mother and will not be entitled to inherit from 1., Q. 24,6-10 2. ' Sahih al Bukhari, P. 179 2 119
4: his father. Ibn Umar said, 'The Prophet made a man and his wife a- carry out Lian and the husband repudiated her child. So,, the Prophet got him separated (divorced) and, _decided that the child belonged to the mother onlyle" 14 4. A woman divorced, in this way is not entitled. to any allowance from her divorced husband except the dowry. 5. Nobody has a right to call her adulteress or to call the baby' illegitimate so that the woman's reputation and the child's psychological condition will not be adversely, affected. This leghislation is a very clear example of how Islam expressly protected the woman's rights. by maintaining, her status in society at the level she had en§oyed prior to her husband's unproven accusations. in marked contrast to the pre-Islamic husnabd's ability to divorce his wife on baseless suspicion. The Rights of the Divorced Woman in Islam The concern of Islam to improve the status of women is particularly evinced by the measures implements to preserve their dignity even-when divorced. The husband was placed under obligation towards them and rights were assigned to them which safeguarded them against the future, as follows: The-husband, ia. compelled to support his divorcee c duringthe legally, prescribed period of waiting, Idda (in which the I, - woman may not remarry), according to his financial capabilities. She is also granted the right to reside in his house until the end o. f, this period;. These two stipulations provide the couple with the opportunity of a chance to think, re-assessing their relationship,. before their final resolution. The only instance in which she was forbidden to remain in his ho. use was if she had committed adultery 1. Ibid i 120
- Page 71 and 72: to defend the tribe or bring in boo
- Page 73 and 74: For the majority of Arab men, this
- Page 75 and 76: the Islamic system for sharing out
- Page 77 and 78: Marriage in Islam The family is the
- Page 79 and 80: A tradition reported that. "when a
- Page 81 and 82: I. The first kind includes those wo
- Page 83 and 84: 2. Also. Islam has forbidden a man'
- Page 85 and 86: However. a man can get married to a
- Page 87 and 88: I c Ati"said, No. ýnless she is wi
- Page 89 and 90: ut the woman can not have two husba
- Page 91 and 92: His chief duty is to see that the p
- Page 93 and 94: Dowry in Islam. is the wife's right
- Page 95 and 96: iron ring. " The man went and searc
- Page 97 and 98: , without , paying it. If a man div
- Page 99 and 100: give me what is sufficient for me a
- Page 101 and 102: discuss later with divorce in Islam
- Page 103 and 104: excuses as the Prophet said: "If a
- Page 105 and 106: The idea behind the Qurlanic verse
- Page 107 and 108: men are killed. leaving widows and
- Page 109 and 110: for another wife for her husband in
- Page 111 and 112: Divorce in Islam Islam considers ma
- Page 113 and 114: Beating (Lightly): If the husband d
- Page 115 and 116: period (idda) as the Qurlan states:
- Page 117 and 118: 6 114 family's house together with
- Page 119 and 120: is to give the opportunity to notic
- Page 121: On that, Allah's Apostle said (to h
- Page 125 and 126: -"The mothers ' shall give two whol
- Page 127 and 128: then he could force her to marry so
- Page 129 and 130: should support her financially unti
- Page 131 and 132: The right of a woman as a mother in
- Page 133 and 134: Also: "Serve God, and join not any
- Page 135 and 136: KHADIJAH BINT KHUWAYLID The longest
- Page 137 and 138: The marriage was effected through t
- Page 139 and 140: It must be taken into consideration
- Page 141 and 142: "Of the days of her childhood and e
- Page 143 and 144: 4- , "Alisha. although young, was m
- Page 145 and 146: "How do you know that? " "When you
- Page 147 and 148: "Take half your religion from this
- Page 149 and 150: and the leaders who wereicompanions
- Page 151 and 152: Although her actions in this event
- Page 153 and 154: the depth of sadness that her fathe
- Page 155 and 156: The Prophet was elated by the birth
- Page 157 and 158: 154 The Prophet' a, special love to
- Page 159 and 160: Time passed and F; timah still rema
- Page 161 and 162: just to save their lives. 1 As for
- Page 163 and 164: It is said a Qurlanic verse was rev
- Page 165 and 166: At the beginning of the battles, th
- Page 167 and 168: There were many occasions when Musl
- Page 169 and 170: ln*Ukaz marketplace. It was not too
- Page 171 and 172: However, history also recorded the
4:<br />
his father. Ibn Umar said, 'The Prophet made a man and his wife<br />
a-<br />
carry out Lian and the husband repudiated her child. So,, the Prophet<br />
got him separated (divorced) and, _decided that the child belonged to the<br />
mother onlyle"<br />
14<br />
4. A woman divorced, in this way is not entitled. to any allowance from<br />
her divorced husband except the dowry.<br />
5. Nobody has a right to call her adulteress or to call the baby'<br />
illegitimate so that the woman's reputation and the child's psychological<br />
condition will not be adversely, affected.<br />
This leghislation is a very clear example <strong>of</strong> how Islam expressly<br />
protected the woman's rights. by maintaining, her status in society<br />
at the level she had en§oyed prior to her husband's unproven accusations.<br />
in marked contrast to the pre-Islamic husnabd's ability to divorce<br />
his wife on baseless suspicion.<br />
The Rights <strong>of</strong> the Divorced Woman in Islam<br />
The concern <strong>of</strong> Islam to improve the status <strong>of</strong> women is particularly<br />
evinced by the measures implements to preserve their dignity even-when<br />
divorced. The husband was placed under obligation towards them and<br />
rights were assigned to them which safeguarded them against the<br />
future, as follows: The-husband, ia. compelled to support his divorcee<br />
c<br />
duringthe legally, prescribed period <strong>of</strong> waiting, Idda (in which the<br />
I, -<br />
woman may not remarry), according to his financial capabilities.<br />
She is also granted the right to reside in his house until the end<br />
o. f, this period;. These two stipulations provide the couple with the<br />
opportunity <strong>of</strong> a chance to think, re-assessing their relationship,.<br />
before their final resolution. The only instance in which she was<br />
forbidden to remain in his ho. use was if she had committed adultery<br />
1. Ibid<br />
i<br />
120