 |
| Ilustrations |
Muslim Creed – Everyone wants their marriage to be harmonious, happy, and lasting until death do them apart. However, there will always be problems that characterize domestic life. Some people have managed to survive in marriage, but not a few have decided to end their household with a divorce.
In a marital relationship, quarrels and problems will inevitably exist. Married couples are also required to be able to help each other in solving problems.Don’t let the marriage relationship end up in a religious court, aka have to get to the point of divorce. Besides sometimes sacrificing children, this condition is also not liked by Allah SWT.
Divorce or talaq is the end of a husband and wife relationship from a legal marriage bond according to religious and state rules.
Divorce is considered as a last resort that can be taken by husband and wife to resolve problems in the household. With this divorce, their rights and obligations as husband and wife fall because they are divorced.
Divorce in Islam
Divorce is basically the release of the marriage bond between husband and wife. When a legally married couple is said to be divorced, then the rights and obligations between the two as a couple will also fall.
Both have responsibility for themselves from the moment it was decided to divorce. This includes where the two of them are no longer allowed to have sex or even touch like they did before they got married.
In Islam, marriage is a worship whose value is very sacred. If the marriage cannot be continued, it must still be resolved amicably. Divorce is not prohibited in Islam, but Allah hates a divorce. This means that divorce is the last option for husband and wife when there is no way out in dealing with problems in the household.
Just as the Qur’an regulates the rules of worship including prayer, zakat and fasting, the Qur’an also regulates Islamic law in domestic relations.
This includes laws regarding marriage and even divorce. Actually Islam does not prohibit divorce, but Allah does not like divorce.Thus, Islam encourages married couples to find another way out.
Divorce can also be used as the last resort to resolve problems.In Surah Al-Baqarah verse 227 it is stated, “And if they are determined to divorce, then indeed, Allah is All-Hearing, All-Knowing. This verse about divorce law continues in Surah Al-Baqarah verse 228 to verse 232.
In addition to the letter Al-Baqarah, the rules regarding marriage are also regulated by Islam in the letter Ath-Thalaq verses 1-7. This includes discussing the husband’s obligations towards his wife, to the rules in Islam when a wife is in the iddah period.
The meaning of the iddah period is a period of waiting, which is where after a woman leaves her husband. Taken from the Nahlatul Ulama (NU) Online site, women who have broken up with their marriage due to being divorced by their husbands are not necessarily able to remarry to other men.
Unlike a man, a woman who is divorced from her husband has an iddah period, during which time it has not been completed she is not allowed to marry. It is also not permissible for a man to express his desire to marry a woman who is still in the iddah period.
In divorce law, there is something called talak. Divorce is the termination of the marriage bond with clear words from the husband and from the wife.
Divorce can become obligatory if there is a madzarat that befalls one of the husband or wife, which cannot be removed except by divorce. But it could be that divorce is actually forbidden because it causes harm to one of the husband or wife and does not produce better benefits than the madzarat.
There are several types of divorce that can be done by husbands. Among them are raj’i divorces, bain divorces, bid’i divorces and sunni divorces. In raj’i divorce, the husband pronounces divorce one or two divorces to his wife. In this divorce, the husband can still reconcile with his wife while she is still in the iddah period. However, if the iddah period has expired, the husband is no longer allowed to reconcile except by making a new marriage contract.
Talak bain is a divorce in which the husband pronounces talaq three to his wife. In this condition, the wife may not be referred back. A new husband will be able to refer his wife again if his wife has married another man and has husband and wife relations with a new husband, then divorced and her iddah period ends.
Meanwhile, bid’i divorce means the husband pronounces divorce when his wife is in a state of menstruation or when his wife is pure but has intercourse. Sunni divorce is a divorce in which the husband pronounces divorce talak to his wife who is still holy and has not had marital relations.
Various types of divorce law in Islam Divorce laws in Islam can vary. Divorce can be obligatory, sunnah, makruh, permissible, to haram, depending on the problem and the situation. Curious?
This is the real law of divorce in Islam
1. Mandatory divorce law
Divorce becomes obligatory if the husband and wife can no longer reconcile and have no other way out than divorce to solve the problem. Usually, this matter will be brought to the local Religious Court. If the court decides that talak is the best decision, then the divorce becomes obligatory.
In addition to problems that cannot be resolved, another reason for divorce to become obligatory is when a husband or wife commits a heinous act and no longer wants to repent. Or when one of the partners apostates or leaves Islam, divorce is obligatory.
2. Sunnah divorce law Sometimes divorce is recommended
and it is sunnah in some circumstances. One of the causes of divorce being a legal sunnah is when a husband is unable to support his wife’s needs.
In addition, when the wife is unable to maintain her honor or does not want to carry out her obligations to Allah, and the husband is no longer able to guide her, then it is sunnah for a husband to divorce her.
3. The law of divorce is makruh
The law of divorce becomes makruh if it is done without a syar’i cause. For example, if a wife has noble character and has good religious knowledge, the law for divorcing her is makruh. The reason is, the husband is considered not to have a clear reason why he should divorce his wife if their household can actually be maintained.
4. Divorce law is permissible There are several reasons that make divorce law permissible
For example, if the wife cannot obey her husband and behaves badly. If the husband is unable to endure or be patient, then divorce is legally permissible or permissible. In addition, divorce is permissible if the husband no longer has the desire to have sex or his wife is no longer fertile or menopause.
5. Divorce law is haram
Although initially divorce was not prohibited in Islam, divorce becomes unlawful if the divorce handed down by the husband is not in accordance with Islamic law. Divorce is illegal in some circumstances.
For example, divorcing a wife while she is menstruating or giving birth, and dropping talak on her after having sex without knowing whether she is pregnant or not. In addition, it is also forbidden for a husband to divorce his wife if the aim is to prevent her from claiming rights to her property.
Divorce pillars, When the decision to divorce is unanimous and cannot be prevented, the process does not escape the applicable rules. There are still divorce rules that must be obeyed.
Not just rules, these pillars are also a condition for the validity of a divorce, so if they are not fulfilled then the divorce process is also invalid.
The following are the pillars of divorce that a married couple should know. Pillars of divorce for husband, Divorce will only be valid if the divorce is carried out by a husband who is reasonable, mature and carried out of his own free will.
That way, if the divorce is carried out because there is coercion from other parties, for example there is coercion from parents or family, the divorce becomes invalid.
Pillars of divorce for the wife, For a wife, a divorce will only be valid if the marriage contract with her husband is considered valid and the wife has not been divorced with triple talaq by her husband.
Can a wife sue her husband for divorce in Islam?
In fact, the wife may file for divorce from her husband. However, there must be a clear reason first. If there is no clear reason, then filing for divorce is haram for the wife. As mentioned in the following hadith of the Prophet Muhammad:
“Any woman who asks (demands) her husband for a divorce without a justified reason, the smell of heaven is forbidden for her.” (Narrated by Abu Dawud, Al-Tirmidhi, and Ibn Majah. Authorized by Shaykh Al-Albani in Sahih Abi Dawud).
Divorce is a term given to a wife who wants to file for divorce from her husband. The divorce request is submitted by the wife to the court and then the court will process and approve or reject the divorce suit.
Even though the divorce decision is in the hands of the husband, if the court or judge approves the divorce suit from the wife’s side, the judge can force the husband to impose divorce on his wife.
The following is information about divorce law in Islam and the arguments for it as well as various types of divorce law. Before deciding to divorce, you should think carefully first.
