Divorce Its Reasons and Its Cures pdf download

Divorce Its Reasons and Its Cures by Shaykh Abu Furayḥān Jamal Ibn Furayhān al-Hārithi

DIVORCE ITS REASONS AND ITS CURES

The Meaning of al-Talaq’

The Meaning of al-Talaq Linguistically:

It means to fully life restrictions. It is taken from the phrase “releasing (itlaq) of the camel.’ It is to release it from its shackle. meaning to untie it.

So when it is released from its restraints – its shackles – and it is untied, its restrictions are lifted and it is free to go.

This is what it means to fully lift restrictions. The Meaning of al-Talaq (divorce)

Legislatively:

The meaning of al-Talāq, linguistically and legislatively are the same. It means to lift the restriction of marriage and to end it immediately – or to end it after the passing of a specific amount of time (i.e. with the option to take one’s wife back).

It is to end the marriage without any compensation. It occurs by direct statements, such as ‘You are divorced. It also occurs by indirect statements, such as ‘You are free,’ or ‘Catch up to your family,’ or ‘Go to your family. All of these statements are indirect.

Divorce also occurs by way of gestures for a person who cannot speak. It also occurs by way of writing. At this moment, and in this sitting, we are not going to discuss the rulings of divorce. (such as] when it is carried out, or when it is not, or what are the recommended, Sunni wordings to be used and what are not

Our topic is “The Reasons for Divorce.” These introductions are only so that we may begin our topic tonight.

Al-Shafi i said: Al-Talāq in the Book of Allāh has three names (ie three explicit names): al-Talaq, al-Firāq and al-Sarāh.

The One Who [is] greatly praised said,

O Prophet, when you [Muslims) divorce women, divorce them according to Islamic legislation. (Surah al-Talāq (65): Here the word al-Talaq is used.

And He said:

And when they have (nearly] fulfilled their term, either retain them according to acceptable terms, or part with them according to acceptable terms. [Surah al-Talāq (65): 2]

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