The Legislated Divorce pdf download

The Legislated Divorce by The Noble Scholar, the Muhaddith, Shaykh Badee’ud-Deen Shaah as-Sindhee (d.1417H) Translation by Abu Hafsah Kashiff Khan

THE LEGISLATED DIVORCE

Divorce is a Disliked Action with Allaah

The foundational principles of Islaam are based upon justice and rectification, and upon this basis, Islaam has permitted divorce in cases of helplessness.

The meaning of this is, if there remains no chance of accommodation between a husband and his wife, then they may release each other through divorce, despite the fact that this action is disliked by Allaah as it has come in the hadeeth which is narrated by ‘Abdullaah Ibn ‘Umar that the Messenger of Allaah said, “With Allaah, the most disliked thing from the permissible things is divorce.”

lmaam al-Haakim (d.405H) said that this hadeeth is saheeh and in Talkhees, al-Haafidh adh-Dhahabee (d.748H) considered it to be upon the conditions of Muslim. It is apparent from this dislike that divorce is a last resort, and that reconciliation should be sought to the utmost extent before it is given.

It is Prohibited to Give Multiple Divorces at One Time:

This is why the Sharee’ah has prohibited giving multiple divorces at the same time. In Sunanun-Nisaa’ee it is narrated upon Mahmood lbn Labeed that he said: The Messenger of Allaah was informed about a person who had divorced his wife three times at once. He got up in anger and said, “Is the Book of Allaah played with whilst I am amongst you?” So a man stood up and said, “O Messenger of Allaah ! Should I not kill him ?”

It  is mentioned in the famous book of Hanafee fiqh, Hidaayah that giving three divorces in one sitting is an innovation, and that such a person is a sinn er.2  And lmaam Aboo Bakr Jasaas writes after bringing some aathaar from the Companions regarding this matter in Ahkaamul-Qur’aan, “A warning against giving three divorces at once is established upon these Companions, and disagreement is not narrated from any Companion, so there is ijmaa’ (consensus) .”3

Divorce according to the Sunnah:

The Sharee’ah states that the divorce should be given in such a manner that the second divorce occurs at least one month after the first divorce. Accordingly, Imaam an-Nisaa’ee (d.303H) has a chapter called Talaaqus­ Sunnah (divorce according to the Sunnah) in his Sunan4 and he has brought these ahaadeeth in it.

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