When is divorce not valid in Islam? Talaq is a special provision of Islam. But there are many misconceptions in society about the process of divorce and the rules of payment.
When to divorce? How to divorce? When is Talaq not valid? Not knowing these answers leads to confusion about divorce.
So in today’s blog, we are discussing in detail When talaq is not valid.
In the blog –
- What are the conditions for a valid divorce?
- When is divorce not valid in Islam?
- Conditions for a valid divorce
What are the conditions for a valid divorce?
The Shari’ah prescribes divorce three times in three months (at the time of menstruation). It will start at the time of the month when intercourse has not taken place.
After the first and second divorce, there will be an opportunity to return.
But after the third divorce, there will be no chance of reign.
In verse 229 of Surah Baqara in the Holy Quran, Allah Ta’ala says:
‘(Royal) Divorce twice (can be granted). Then (if you want to keep it) keep it in a good way or say goodbye fairly. A
(After divorcing twice) If she divorces a third time, then this wife will not be halal for her until she is married to another husband. ‘
The first verse of Surah Talaq describes when and how to grant these three divorces.
Allah says (interpretation of the meaning):
‘O Prophet, if you divorce your wives, divorce them for the waiting period, then count the time of the waiting period properly.’ (Surah Talaq – 1)
The interpretation of this verse is clear and beautiful in a hadith narrated from the Prophet (peace and blessings of Allah be upon him) in Saheeh Bukhari.
Ibn ‘Umar (may Allah be pleased with him) informed his wife (may Allah be pleased with him) after divorcing his wife during menstruation:
The Prophet (peace and blessings of Allah be upon him) said:
‘You instruct him to take his wife back.
Then let the woman (who is having an ongoing menstrual period) wait until she is pure.
After that, if the woman becomes pure after spending the second menstrual period, she can divorce him before touching him.
This is the waiting period that Allah has commanded. ‘(Bukhari-5251)
In his commentary on the verse, Allama Ibn al-Kathir (may Allah have mercy on him) said:
From here, in Fuqaha, Keram divides divorce into two parts, Sunnah and Bid’ah.
conditions for a valid divorce
- Divorce at the time of the wife’s menstrual period.
- Divorced in the month he did not have intercourse with that wife.
- Talaq after intercourse after the wife’s womb becomes clear.
When is Talaq not valid in Islam?
Invalid divorce:
- Divorce of a wife during her menstrual period.
- Divorce in Thur – who had intercourse on Thur. In this case, it is not known whether the wife is pregnant or not.
- (Together) given by three divorces.
From the above two verses and hadiths, it is clear that a husband has the right to divorce his wife three times.
The method of which is to divorce once every Thur (free period of menstruation) except for intercourse.
After the first two divorces, there is a chance of royalty, but if you divorce the third time, there will be no chance of royalty.
Apart from this, the method of divorce is not valid.
Whether it is divorced during menstruation or three divorces in one go.
That is why when the Prophet (peace and blessings of Allah be upon him) was informed that a man had divorced his wife three times in a row.
Then he said –
‘Am I playing with the Book of Allah to be present among you?’ (Nasai, 3401)
However, there is no clear statement in the Qur’an as to whether or not a divorce will be granted if the divorce is granted illegally.
From this discussion alone it has become clear to us that it is illegal to divorce three people at once or to divorce during menstruation.
What are the rules for not valid divorce in Islam?
From the previous discussion I have learned that not valid divorce can happen in three ways.
One: Divorce during menstruation
Two: Divorce in sexual intercourse
Three: Three divorces together
According to the majority of the Imams, just as divorce will fall in a Shariah-compliant manner, so will divorce illegally.
However, another Jamaat Muhaqqiq Ulamaye Keram has said that even if the divorce is annulled illegally, it will not be effective.
Dalailail in favor of divorce not being valid
The first document – Abu Zubayr reported that he gave Abdur Rahman Ibn Ayman to Ibn Umar Radi. Heard to ask about the man who divorced his wife during menstruation.
Then Ibn ‘Umar (may Allah be pleased with him) said:
Abdullah bin Umar divorced his wife during her menstrual period during the time of the Prophet (peace and blessings of Allah be upon him).
Then Umar Radi. The Messenger of Allah, may Allah bless him and grant him peace, was told that ‘Abdullah ibn Umar had divorced his wife during her period.
Ibn ‘Umar said, “Then the Messenger of Allah, may Allah bless him and grant him peace, returned my wife to me.”
The Prophet (peace and blessings of Allah be upon him) did not consider this divorce to be valid.
Then he said that when the woman became pure from menstruation, he should keep her or let her go.
Ibn ‘Umar (may Allah be pleased with him) said: Then the Messenger of Allah (may peace be upon him) recited this verse of the Qur’an:
‘O Prophet, if you divorce women, divorce them for the waiting period and count the time of the waiting period properly. (Abu Dawood Sharif, 2175)
Second Document: In the first verse of Surah Talaq, Allah Ta’ala says:
“O Prophet, if you divorce women, divorce them for their waiting period and count the waiting period properly.”
Therefore, a person who is in a state of menstruation or sexual intercourse, or who has been granted three divorces at the same time, has not obeyed the command of Allah Ta’ala to grant a divorce in the waiting period.
A famous Principles
To command in any matter means to forbid from its opposite. And every forbidden thing demands facades.
Fasad cannot prove the order. Therefore, divorce granted in a non-Sharia manner cannot prove the ruling. (Nail Awtar)
The third document: The Prophet (peace and blessings of Allah be upon him) said:
‘Anyone who acts outside our instructions will be rejected.’ (Bukhari 2550)
Therefore, due to the prevalence of this hadith, non-Sharia divorces will also be rejected.
Fourth Document: All the Aqad which are halal and haram are considered void when they are haram, such as marriage, etc.
Divorce is also halal and haram, so it will be considered null and void.
In this way, with some more arguments, they strengthen the view that this type of divorce should not fall.
So this view that divorce does not fall is against the Jumhur, but it is not very weak considering Dalail.