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Divorce
Guidelines Concerning Implicit Phrases of Divorce
1. The guideline with regard to metonymic (implicit) statements of divorce is that metonymic statements include any phrase that may be understood as referring to divorce or something else, such as: “Go to your family,” or: “It is over between us,” and so on. 2. Divorce does not count as such when metonymic phrases are used, unless two conditions are fulfilled: 1- the person should have the intention of divorce; 2- and he should have used words that are indicative of divorce.33,244He divorced her three times before consummating the marriage
3,177He divorced her before consummating the marriage and after being alone with her, and he did not specify any dowry for her
4,104Guidelines to Restrict Divorce in Islam
Islam has ordained restrictions and rulings that make it difficult for the man to issue a divorce, and reduce the incidence of divorce. It has not given the man the power to issue a divorce whenever he wishes. These restrictions include: 1. The basic principle regarding divorce is that it is not allowed, either by way of prohibition or by way of it being disliked. 2. Allah has given the power of divorce to the husband, not to the wife. 3. It is not permissible for a man to divorce his wife when she is menstruating. 4. The wife is not to be made to leave her house after divorce takes place. 5. Islam has set the number of divorces that the husband can issue as three.15,042He divorced his wife then married her again after another husband had divorced her; does he go back to having three talaaqs?
4,555He did the marriage contract with a woman and saw her naked on camera, then they got divorced. What must he do?
5,355He said to his daughter: I’m going to divorce your mother
This is like saying: If my wife does not agree to travel, then I will divorce her. This does not count as a divorce, or as a conditional divorce depending on something that may happen in the future. If a person merely states that he will divorce his wife in the future, or promises or threatens to do that, that does not count as a divorce, according to scholarly consensus, because the divorce must be issued verbally, and it is not sufficient merely to promise or threaten to divorce her in the future. Similarly, the intention alone is not sufficient; rather it is essential to utter the words by means of which divorce takes place, and not merely state that one is going to divorce her.4,665He found out that his wife had got married before and was divorced before consummation of the marriage, but she had spent time alone with her ex-husband
5,599He said to his wife: Consider yourself divorced after your period ends
3,689He did the marriage contract with a woman then divorced her before consummating the marriage
2,532