الزواج والطلاق في التشريع الإسلامي مترجمة إلى الإنجليزية
- مدير عام
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تاريخ الإنضمام : 15/01/2016
أكلات مفضلة : كل ما لذ وطاب ¤ _ ¤
رأي العضو عن المنتدى : هايل
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islamic legislation in marriage and divorce
God almighty teaches us that if aconflict arises between man and wife , we should send an intermediary from her people and another from the husband's people , who try to mend the relationship . Marriage should not be broken unless there is no way of mending the confilct ; if this happens the two intermediaries should not themselves break the marriage ; but should witness that he or she is in the wrong and should raise the matter ; before the judge . It has been questioned whether . The judge after hearing the testimony of the intermediaries , is empowered to separate between the two . Some say that he should not and according to ibn Hazim the famous muslim jurist "here is no mention in the quran or the sunna that the intermediaries ,or the judge have the right to break amarriage "this again is another obstacle in the way of divorce , which is not looked upon with favor in islamic jurisdiction .
Husbands are also warned that they should not divorce if they have continued to enjoy relationship with their wives . This also aims at creating a feeling of forgiveness. And generosity between the two , which might make easy the resumption of marital life .if any serious rift happens , then the wife is not allowed to come near her husband till her monthly period is over before divorcing . This gives him time to reflect and think. If the two come together in anormal instinctive way , this might overshadow their quarrel .
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From that it is apparent that God almighty allows divorce under strong reservations. One of which is that it should pass three phases. If a husband divorces his wife twice and he marries her twice , it is legal . After athird divorce ahusband cannot remarry his wife unless she has married to another man who divorces her . Then she can marry her former husbands.
Why does islam call for this ; to give two chances for the husband and wife to reverse their decisions ,the man in his capacity as astrong willed person and head of the family. If acertain time lapses between divorce and reconciliation then they are required to have anew marriage certificate.
The husband and wife are allowed to disagree and have adivorce twice only. If divorce occurs for the third time , then it is somewhat difficult for reconciliation since the wife had to marry another person ,live with him ,have him divorce her and then she can marry her former husband .This is meant to be awarning to husbands ,because no man lightly[ accepts the taking of awife who has mated with someone else. We find , therefore that most husbands think twice before going into third divorce. /color]
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