Important Islamic rulings on Khula, Divorce, Iddah, and Nafaqah in the light of Quran and Hadith

ource: Fiqhi Ruling and Iue in the Light of Quran and Hadith, Iue of Divorce: Volume 02: Page 299

Ruling of Khula​

All praie i due to Allah, and prayer and peace be upon the Meenger of Allah. To proceed!

Khula mean that the huband, upon the wife' demand, eparate her from hi marriage through pecific word. Linguitically, the meaning of Khula i: to eparate and remove, becaue the woman eparate herelf from the huband a if removing a garment, and therefore it i called Khula. It hould alo be noted that huband and wife are like garment for each other. Allah Almighty aid:

"هُنَّ لِبَاسٌ لَكُمْ وَأَنْتُمْ لِبَاسٌ لَهُنَّ"

“They (wive) are a garment for you and you are a garment for them.”

Reference: Al-Baqarah: 2/187

It i an etablihed fact that marriage i a mean to connect a man and a woman, a caue for a pleaant life, a foundation for love, a formation of family, and a mean for nurturing a new generation. Allah Almighty aid:

"وَمِنْ آَيَاتِهِ أَنْ خَلَقَ لَكُمْ مِنْ أَنْفُسِكُمْ أَزْوَاجًا لِتَسْكُنُوا إِلَيْهَا وَجَعَلَ بَيْنَكُمْ مَوَدَّةً وَرَحْمَةً "

“And among Hi ign i that He created for you from yourelve mate that you may find tranquility in them; and He placed between you affection and mercy.”

Reference: Ar-Rum:30:21

But if after marriage thee purpoe are not achieved, love doe not develop between huband and wife, or love cannot be maintained, or there i no expreion of love and affection from the huband’ ide, and their life become full of hardhip and ditre, and no mean of reform or remedy remain, then it i appropriate for the huband to divorce the wife in a good manner. Allah Almighty aid:

"فَإِمْساكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسانٍ"

“Then either keep [her] in an acceptable manner or releae [her] with good treatment.”

Reference: Al-Baqarah:2:229

And in another place He aid:

"وَإِنْ يَتَفَرَّقَا يُغْنِ اللَّهُ كُلا مِنْ سَعَتِهِ وَكَانَ اللَّهُ وَاسِعًا حَكِيمًا"

“And if they eparate, Allah will enrich each [of them] from Hi abundance. And Allah i all-Encompaing and Wie.”

Reference: An-Nia:4:130

If the huband love the wife but the wife doe not have love for the huband in her heart, or he i upet by ome moral defect of hi, or he doe not like hi appearance, or he feel hatred due to ome religiou weakne of hi, or he fear that he will not be able to fulfill the huband' right and will be inful before Allah, then in uch circumtance it i permiible for the woman to demand eparation from her huband in exchange for omething, and the ruler hould accept her requet, annul the marriage, and eparate the two. Allah Almighty ha aid:

"فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ"

“If you fear that they will not be able to keep the limit ordained by Allah, then there i no in upon them if the woman give omething for her releae.”

Reference: Al-Baqarah:2/229

The widom behind the permiibility of khula i that the wife eparate herelf from the huband in uch a way that there remain no poibility of reconciliation; therefore, it become a fair olution to the difficulty of both. In uch a cae, the huband hould accept the woman' demand. However, if the huband love her, it i better for the woman to be patient and not eek khula.

Khula i permiible, provided that the reaon mentioned in the referenced vere exit, that i, both the huband and wife fear that if they remain in the marriage, they will not be able to uphold the limit et by Allah Almighty. If thi reaon doe not exit, then the demand for khula by the woman i diliked, and according to ome cholar, it i forbidden in uch a cae. The Meenger of Allah, peace and bleing be upon him, aid:

"أَيُّمَا امْرَأَةٍ سَأَلَتْ زَوْجَهَا طَلاقًا فِي غَيْرِ مَا بَأْسٍ فَحَرَامٌ عَلَيْهَا رَائِحَةُ الْجَنَّة"

“The woman who demand divorce from her huband without any valid reaon i forbidden from the fragrance of Paradie.”

Reference: unan Abi Dawood, Divorce in Khula, Hadith 2226; Jami` at-Tirmidhi, Divorce, Chapter on What Ha Been Related About Khula, Hadith 1187; unan Ibn Majah, Divorce, Chapter on Dilike of Khula by the Men, Hadith 2055; Munad Ahmad 5/277

heikh Taqi al-Din, may Allah have mercy on him, ay: “The hariah permit only that Khula in which the woman dilike her huband for a reaonable caue and free herelf by giving compenation.”

Reference: Majmu` al-Fatawa 16/397

If the huband doe not love hi wife but keep her with him only o that he become ditreed and pay ome compenation to get rid of him, then uch a huband will be unjut in the ight of Allah, and it i forbidden for him to take anything in return for eparation. uch Khula will not be valid according to hariah. Allah Almighty ay:

"وَلَا تَعْضُلُوهُنَّ لِتَذْهَبُوا بِبَعْضِ مَا آتَيْتُمُوهُنَّ"

“And do not keep them (wive) againt their will in order to take back part of what you gave them.”

Reference: An-Nia: 4/19

That i, do not trouble women o that they return part or all of the dowry or relinquih any of their right. However, if a woman openly diplay immorality, the huband may do o to reclaim the dowry. Allah Almighty ha aid:

"إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ۚ "

“Ye, it i a different matter if they commit an open immorality.”

Reference: An-Nia:4/19

ayyiduna Ibn Abba (may Allah be pleaed with him) hold the ame view.

The permiibility of khula (divorce initiated by the wife) i etablihed by evidence from the Book of Allah, the unnah of the Meenger of Allah (peace be upon him), and conenu, when valid reaon exit. The Qur'an tate:

"فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ"

“And if you fear that they will not keep the limit of Allah, then there i no blame upon either of them if he give omething for her releae.”

Reference: Al-Baqarah:2/229

And the evidence from the unnah i the incident of the wife of ayyiduna Thabit bin Qai رضي الله تعالى عنه, which i mentioned in ahih Bukhari. he came to the preence of the Meenger of Allah صلی اللہ علیہ وسلم and aid: O Meenger of Allah صلی اللہ علیہ وسلم! I find no fault in my huband Thabit bin Qai رضي الله تعالى عنه in hi religion and character, but I dilike that while remaining in Ilam, I hould belittle my huband and fall into in. o the Meenger of Allah صلی اللہ علیہ وسلم aid:

"أَتَرُدِّينَ عَلَيْهِ حَدِيقَتَهُ ؟ قَالَتْ : نَعَمْ . قَالَ رَسُولُ اللَّهِ صَلَّى اللَّهُ عَلَيْهِ وَسَلَّمَ : اقْبَلْ الْحَدِيقَةَ وَطَلِّقْهَا تَطْلِيقَةً"

“Will you return hi garden (which he gave a Mahr)?” he aid: Ye! The Prophet صلی اللہ علیہ وسلم told her huband to take back the garden and give her one divorce and eparate from her.”

Reference: ahih al-Bukhari, Divorce, Chapter: Khula and how divorce i done, Hadith 73.52

A far a conenu i concerned, Allama Ibn Abdul Barr, may Allah have mercy on him, tated that no one i known to deny the permiibility of khula except Muzani, may Allah have mercy on him. According to him, the vere permitting khula i abrogated by Allah' command:

"وَإِنْ أَرَدتُّمُ اسْتِبْدَالَ زَوْجٍ مَّكَانَ زَوْجٍ وَآتَيْتُمْ إِحْدَاهُنَّ قِنطَارًا فَلَا تَأْخُذُوا مِنْهُ شَيْئًا ۚ "

“If you wih to replace one wife with another and you have given one of them a great amount of wealth, do not take anything back from it.”

Reference: An-Nia:4/20

For khula to be valid, it i a condition that there i financial compenation, and the one giving the compenation mut be omeone who i legally permitted to dipoe of the wealth. Alo, the khula mut be from a huband whoe divorce i valid, and he hould not be oppreing the wife unjutly o that he i forced to give compenation. Furthermore, the term "khula" hould be explicitly ued for khula.

If the huband ue explicit word of divorce or metaphorical word with the intention of divorce, then it will be a divorce, not khula; and there i no poibility of reconciliation in uch a divorce, however, a new marriage contract can be made and remarriage can occur, and there i no condition of marrying another man, provided that he ha already given two divorce, not three.

And if he ue word of khula, annulment of marriage, or ranom and doe not intend divorce, then the marriage will be annulled, it will not be counted a a divorce, and the number of divorce will not decreae. Thi i the poition of ayyiduna Ibn Abba (may Allah be pleaed with him). Hi evidence i the command of Allah Almighty:

"الطَّلَاقُ مَرَّتَانِ"

“Divorce i twice.”

Reference: Al-Baqarah:2/229

Then Allah Almighty aid:

"فَلَا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ "

“Then if he divorce her (the third time), there i no blame upon them for what he give to regain her freedom.”

Reference: Al-Baqarah:2/229

Then after that He aid:

"فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ"

“Then if he divorce her (the third time), he i not lawful to him afterward until he marrie another huband beide him.”

Reference: Al-Baqarah:2/230

From thi equence, it become clear that after mentioning two divorce, Allah Almighty poke about khula (divorce initiated by the wife), and then after that, another divorce wa mentioned. If khula were alo conidered a divorce, then the lat divorce would be counted a the fourth, which i not correct. And Allah know bet.

Rule of Divorce​

The literal meaning of divorce (Talaq) i: to leave and to free. From thi come the phrae "Talqat al-Naqa," meaning the he-camel wa freed when it wa let looe to graze wherever it wihed.

The hariah meaning i to completely or partially diolve the bond of marriage.

Due to difference in circumtance and caue, the ruling on divorce alo change. ometime it i permiible (mubah), ometime diliked (makruh), ometime recommended (mutahabb), ometime obligatory (wajib), and ometime forbidden (haram). Thu, all five hariah ruling apply to it. Their detail are a follow:

① Permiible Divorce​

If the wife' character i bad and he caue harm to the huband, and the purpoe of marriage i not being fulfilled by continuing the marriage, then it i permiible and allowed for the huband to divorce her.

② Diliked Divorce​

If the condition of the huband and wife are good, and there i no need or reaon for divorce, then giving divorce i diliked. According to ome Imam, giving divorce in uch a ituation i forbidden. The hadith tate:

"أَبْغَضُ الْحَلالِ إِلَى اللَّهِ عَزَّ وَجَلَّ الطَّلاقُ "

“Among the lawful thing with Allah, divorce i the mot diliked.”

Reference: (Weak) unan Abi Dawood, Divorce, Chapter on the Dilike of Divorce, Hadith 2178

In thi hadith, the Meenger of Allah (peace be upon him) ha declared divorce lawful, although it i diliked by Allah, which how that depite being permiible in thi condition, it i diliked. The reaon for the dilike i that divorce end the marriage which wa baed on ocial benefit and interet.

③ Recommended Divorce​

When divorce i neceary and keeping the marriage caue harm to the woman, for example, if dipute and diagreement have arien between huband and wife, and the woman dilike the huband, then maintaining the marriage caue harm to the woman’ right, therefore giving her a divorce i recommended. The Meenger of Allah (peace be upon him) aid:

"لا ضرر ولا ضرار"

"Do not caue harm and do not uffer harm."

Reference: unan Ibn Majah, Ahkam, Chapter: What i built in hi right that i truck by a neighbor, Hadith 2340

④ Obligatory Divorce​

If a woman i weak in religiou term, for example, if he abandon prayer, or i habitually late in prayer without reaon, doe not undertand when advied, or doe not protect her honor and chatity, then the correct ruling i that it i obligatory to divorce uch a woman. haykh al-Ilam Ibn Taymiyyah, may Allah have mercy on him, tate:

"When the wife i a fornicator, it i not permiible to keep her in marriage; otherwie, the one who keep her i a man without hame."

Reference: Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah, Chapter: The Prohibition in Marriage 5/460

imilarly, if the huband i not correct in religiou term, then it i incumbent upon the woman to demand divorce or eparate through khula, and in uch a cae, he hould by no mean remain with him.

imilarly, in the cae of Ilaa, that i, if the huband wear to abtain from intercoure and after four month till refrain from intercoure and doe not pay the expiation for the oath, then it become obligatory to divorce uch a huband, otherwie he will be compelled to give a divorce. Allah Almighty ha aid:

"لِّلَّذِينَ يُؤْلُونَ مِن نِّسَائِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ ۖ فَإِن فَاءُوا فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ (226) وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ"

“Thoe who wear not to have relation with their wive have a term of four month; and if they return, then indeed Allah i Forgiving and Merciful. But if they decide on divorce, then indeed Allah i Hearing and Knowing.”

Reference: Al-Baqarah:2:226-227

⑤ Forbidden Divorce​

It i forbidden to divorce a wife during her mentruation, or during her potnatal bleeding, or during a purity in which intercoure ha already taken place and the pregnancy condition i not clear. imilarly, when the huband ha already given three divorce, giving more divorce i alo forbidden. The detail of thi will come later, InhaAllah.

The legitimacy of divorce i etablihed by the Book of Allah, the unnah of the Meenger of Allah (peace be upon him), and conenu.

Allah Almighty ha aid:

"الطَّلَاقُ مَرَّتَانِ ۖ "

“Divorce are two time.”

Reference: Al-Baqarah:2/229

And He aid:

"يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ"

“O Prophet, (tell your Ummah) when you divorce your wive, then divorce them during their waiting period (iddah).”

Reference: At-Talaq 1/65

And the Meenger of Allah (peace be upon him) aid:

"إِنَّمَا الطَّلاَقُ لِمَنْ أَخَذَ بِالسَّاقِ"

“Divorce hould be given by the one who married the woman.”

Reference: unan Ibn Majah, Talaq, Chapter of the lave, Hadith 2081

Many cholar have tranmitted conenu on the permiibility of divorce.

The widom behind the permiibility of divorce i very clear. It i one of the merit of Ilam, becaue the olution to the difficultie ariing in marriage at time of need i divorce. Allah Almighty aid:

"فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ "

“Then either keep [her] in an acceptable manner or releae [her] with good treatment.”

Reference: Al-Baqarah: 2/229

And He aid:

"وَإِنْ يَتَفَرَّقَا يُغْنِ اللَّهُ كُلا مِنْ سَعَتِهِ وَكَانَ اللَّهُ وَاسِعًا حَكِيمًا"

“And if they eparate, Allah will enrich each from Hi abundance. And Allah i all-Encompaing and Wie.”

Reference: An-Nia: 4/130

If there i no benefit in maintaining the marriage, or if the woman i harmed by taying with the huband, or if either poue i everely weak in religiou or moral term, then in uch a cae, divorce i the bet way to ecape hardhip.

Many ocietie uffer difficultie becaue they cloe the door to divorce, reulting in problem uch a detruction, uicide, and family breakdown. Ilam ha permitted divorce and et regulation for it that bring benefit and eliminate harm. Praie be to Allah who ha betowed Hi grace upon u.

The authority to give divorce lie with the huband, provided he i competent and ane, or he appoint omeone a hi agent, then the agent can give divorce on hi behalf. The evidence i the Prophet’ ﷺ tatement:

"إِنَّمَا الطَّلاَقُ لِمَنْ أَخَذَ بِالسَّاقِ"

“Divorce i from the one who married the woman.”

Reference: unan Ibn Majah, Divorce, Chapter of the lave, Hadith 2081

If a peron ha lot their intellect and i incapacitated in thi regard, for example, a madman, unconciou, aleep, or a patient whoe concioune ha ended, like omeone with epilepy, or omeone who ha been forced to conume an intoxicating ubtance, or who ha drunk bhang a medicine and lot their intellect, then if uch peron ay the word of divorce to their wife, the divorce will not take effect. ayyiduna Ali رضي الله عنه aid:

"وَكُلُّ الطَّلَاقِ جَائِزٌ إِلَّا طَلَاقَ الْمَعْتُوهِ"

“Divorce i valid for everyone except the one who i not ane.”

Reference: ahih al-Bukhari, Divorce, Chapter on Divorce in cae of compulion, intoxication, and drunkenne, Hadith 5269, with commentary

Becaue the ruling are baed on intellect. And Allah know bet.

However, if omeone voluntarily conumed an intoxicating ubtance and lot their intellect, then gave divorce, there i a difference of opinion among cholar whether uch a divorce will be valid or not. According to one opinion, the divorce will be valid, and thi i the view of a group of cholar beide the four Imam.

If a peron i forced or threatened into giving a divorce and give the divorce out of fear, uch a divorce will not be valid, becaue in the hadith it i tated:

"لَا طَلَاقَ وَلَا عَتَاقَ فِي إِغْلَاقٍ"

“There i neither divorce nor freedom in compulion and coercion.”

Reference: unan Abi Dawood, Divorce, on a weak hadith 2193; unan Abi Majah, Divorce, chapter on forced and unintentional divorce, hadith 2046; Munad Ahmad 6/276

And Allah Almighty aid:

"مَنْ كَفَرَ بِاللَّهِ مِنْ بَعْدِ إِيمَانِهِ إِلا مَنْ أُكْرِهَ وَقَلْبُهُ مُطْمَئِنٌّ بِالإيمَانِ "

“Whoever dibelieve in Allah after hi faith except for one who i forced while hi heart i ecure in faith.”

Reference: An-Nahl 16:106

When dibelief can be forgiven under compulion, which i a far greater matter, then divorce will certainly be forgiven. However, in cae where forcing a divorce i permiible, a forced divorce can be given.

If a peron, while angry, undertand what he i aying, then the divorce he pronounce will be valid. But if the anger i o intene that he i not aware of what he i aying, then uch a divorce will not be valid.

A divorce given in jet alo become effective, becaue the intention to utter the word of divorce i preent, even if the intention for it to take effect i not there. And Allah know bet.

unnah and Non-unnah Divorce​

A unnah divorce i one that i given according to the command of Allah Almighty and Hi Meenger Muhammad ﷺ.

It form i that the huband give only one divorce, and that too during a period of purity in which he ha not had intercoure with hi wife, then leave her in that tate until the completion of the ‘iddah. In term of ‘iddah, thi i a “unnah divorce” becaue only one divorce wa given, and in term of timing, it i alo “unnah” becaue the divorce wa given during a period of purity in which intercoure had not occurred.

Allah Almighty ha aid:

"يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ"

“O Prophet ﷺ! (Tell your Ummah) when you divorce your wive, divorce them during their ‘iddah.”

Reference: At-Talaq 65:1

ayyiduna Ibn Ma'ud رضي الله تعالى عنه explained the term "li'iddatihinna" a meaning that they hould be in a tate of purity and that intercoure ha not taken place.

Reference: Al-unan al-Kubra by Al-Bayhaqi 7/325

ayyiduna Ali bin Abi Talib رضي الله تعالى عنه aid: "If people adhere to Allah' command regarding divorce, then a man will not have to chae after a woman. He hould give one divorce, then leave her for three mentrual cycle, and if he wihe, he may reconcile within the 'iddah."

Reference: Al-Muhalla by Ibn Hazm 10/173

Allah Almighty ha given repite to the one who divorce o that if he regret after divorcing, he may reconcile within the 'iddah, provided it i not the third divorce. But if the number of divorce i complete, that i, the third divorce ha been given, then he ha cloed the door of reconciliation for himelf.

Non-unnah divorce refer to a divorce that i given contrary to the command of Allah Almighty and Hi Meenger Muhammad صلى الله عليه وسلم. It form are a follow:

① Pronouncing three divorce in one itting.
② Giving divorce during mentruation or potpartum bleeding.
③ Giving divorce during a tate of purity in which intercoure ha taken place and pregnancy i not clearly evident.

The firt cae i non-unnah in term of number, and the econd and third cae are non-unnah in term of timing.

In term of number, an ununnah divorce become effective.

Reference: Three divorce given in the ame itting will be counted a one divorce, not three; therefore, the huband will have the right of reconciliation. It i narrated in ahih Mulim that during the time of the Prophet Muhammad ﷺ and Hazrat Abu Bakr رضي الله تعالى عنه, and in the early period of the caliphate of Hazrat Umar رضي الله تعالى عنه, three divorce given at once were counted a one. A for the word of the Noble Vere "فَإِن طَلَّقَهَا", in the light of the Hadith, it mean that if the huband give the third divorce in the third itting or on the third occaion, then he will not be lawful for him until he marrie another man and he divorce her or die. (aarim)

Allah Almighty aid:

"فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ"

“Then if he divorce her (a third time), he i not lawful to him afterward until he marrie another huband.”

Reference: Al-Baqarah: 2/230

In term of time, it i recommended for the huband to reconcile in the cae of non-precribed divorce. ayyiduna Ibn Umar رضي الله تعالى عنه gave hi wife a divorce during her mentruation, and the Meenger of Allah صلی اللہ علیہ وسلم ordered him to reconcile.

Reference: ahih al-Bukhari, Tafir urah At-Talaq, Hadith 4908; ahih Mulim, Talaq, Chapter on the Prohibition of Divorcing a Mentruating Woman, Hadith 1471

After reconciliation, it i obligatory that he keep her with him until he become pure from mentruation, then if he wihe, he may divorce her without intercoure in the tate of purity.

It i forbidden for the huband to give a non-precribed divorce, whether in term of the number or the timing. Allah Almighty aid:

"الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْساكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسانٍ"

“Thee divorce are twice. Then either keep [her] in an acceptable manner or releae [her] with good treatment.”

Reference: Al-Baqarah: 2/229

And He aid:

"يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ"

“O Prophet صلی اللہ علیہ وسلم! (ay to your people) when you divorce your wive, divorce them during their waiting period.”

Reference: At-Talaq 1/65

The Meenger of Allah, peace be upon him, heard that a man had given hi wife three divorce at once, o he aid:

"أَيُلْعَبُ بِكِتَابِ اللَّهِ وَأَنَا بَيْنَ أَظْهُرِكُمْ ؟"

“How trange! While I am preent, the Book of Allah i being toyed with.”

Reference: unan An-Naa'i, Divorce, Chapter on the Combined Three and the everity Therein, Hadith 3430

When a peron who had given three divorce in one itting wa brought to ayyiduna Umar, may Allah be pleaed with him, he would punih him. And when it wa mentioned in the preence of the Meenger of Allah, peace be upon him, that Ibn Umar, may Allah be pleaed with him, had divorced hi wife during her mentruation, he became dipleaed and ordered him to take her back.

All thee evidence make it clear that the command of Allah Almighty regarding divorce hould be followed and forbidden form hould be avoided. The regret i that many people neither undertand thee command nor pay attention to them, reulting in their own ditre and remore, and alo cauing hardhip for the cholar. All thi i the conequence of playing with the Book of Allah Almighty.

ome people ue divorce a a weapon. When they want to make the wife do omething or prevent her from doing omething, they threaten divorce to get their way. ome people ue divorce in converation or dealing a if it were an oath, for example: if I do not do thi, my wife will be divorced, or if I do thi, my wife will be divorced. uch people hould fear Allah Almighty and protect their tongue from thi word, except in genuine neceity, and even then, the precribed time and number limit mut be oberved.

Type of Divorce Word​

Divorce word are of two type:

❀ Explicit word: Thoe word which have no meaning other than divorce, for example, when a huband ay to hi wife: "I have divorced you," or "You are divorced," or "You have been given a divorce."

❀ Implied word: Thoe word which may have meaning other than divorce, for example: "You are eparated," "You are bad," "You are apart," "You are free," "Leave from here and go to your family," or "I have left you," etc.

Reference: The author ha given example according to the Arab environment; in other language, their idiom and word will be conidered, meaning thoe word which are alo ued for divorce and alo carry other meaning. All of thee are included in "implied divorce" (aarim)

Divorce occur through explicit word, whether the peaker intended it or not, whether aid eriouly or jokingly. The Meenger of Allah, peace be upon him, aid:

" ثَلَاثٌ جِدُّهُنَّ جِدٌّ وَهَزْلُهُنَّ جِدٌّ : النِّكَاحُ ، وَالطَّلَاقُ ، وَالرَّجْعَةُ "

"Three matter become certain whether they are aid eriouly or in jet: marriage, divorce, and reconciliation."

Reference: unan Abi Dawood, Divorce, Chapter on Divorce in Jet, Hadith 2194; Jami` at-Tirmidhi, Divorce, Chapter on What Ha Been Related About erioune and Jet in Divorce, Hadith 1184

However, divorce doe not occur through metaphorical word unle the intention of divorce i included, becaue thee word can have other meaning. Therefore, without intention, divorce will not be etablihed. Neverthele, there are three cae in which divorce occur even through metaphorical word, even if the huband ay that he did not intend divorce:

① When there i a quarrel between huband and wife.
② When the huband ay thee word in a tate of anger.
③ When the wife ha demanded divorce and the huband ue metaphorical word.

In thee ituation, the context indicate hi intention, o hi claim will not be accepted. And Allah know bet.

If the huband wihe, he can appoint omeone a hi agent to give divorce, whether that peron i a tranger or hi own wife, meaning he can delegate the authority of divorce to him. The agent will explicitly, implicitly, or numerically repreent hi client, unle the client et any limit for him.

For the one giving divorce, whether he i the huband or the agent, it i neceary to utter word with the tongue and produce a ound. Divorce doe not take effect by intention of the heart alone. The Meenger of Allah, peace be upon him, aid:

"إن الله تجاوز عن أمتي ما حدثت به أنفسها ما لم تعمل أو تتكلم"

“Allah Almighty ha pardoned my Ummah for matter that remain in the form of thought in the heart a long a they are not acted upon or uttered by the tongue.”

Reference: ahih al-Bukhari, Divorce, Chapter on Divorce in cae of cloure, compulion, and intoxication, Hadith 5269

However, there are two cae in which divorce take effect even without being uttered by the tongue:

① When divorce i written in explicit word, it can be clearly read and there i intention, then the divorce will take place. And if there i no intention, there are two opinion among cholar; according to the majority, it till take place.
② When the one giving the divorce i mute and hi geture clearly indicate divorce.

How many divorce can a woman be given?​

Thi depend on the tatu of the man, whether he i free or a lave. Allah Almighty ha addreed only men in the matter of divorce:

"يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ"

“O Prophet, when you divorce women, divorce them at their precribed waiting period.”

Reference: At-Talaq 1/65

And He aid:

"وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ "

“When you divorce women and they have fulfilled their waiting period.”

Reference: Al-Baqarah:2/231

And the Meenger of Allah (peace be upon him) aid:

"إِنَّمَا الطَّلاَقُ لِمَنْ أَخَذَ بِالسَّاقِ"

“Divorce i from the one who ha married the woman.”

Reference: unan Ibn Majah, Divorce, Chapter of Divorce of a lave, Hadith 2081

A free man ha the right to three divorce, even if he ha a lave woman in marriage. A lave man ha the right to two divorce, even if hi wife i free. If both are free, it i unanimouly agreed that the huband ha the right to three divorce. If both are a lave man and a lave woman, the huband ha the right to two divorce without any difference of opinion.

Divorce with Exception and Condition​

Exception are permiible in the word of divorce. Thi exception can be in the number of divorce, for example, omeone may ay: "You have three divorce but one le," or in the number of divorced wive, for example: "I divorce all my wive except Fatimah."
For the exception to be valid, it i neceary that the excepted part i half or le. If it i more than half, for example, aying: "You have three divorce but two le," then it will not be effective.

One condition for exception i that it mut be expreed verbally, not jut in the heart. Therefore, if omeone ay: "You are divorced," but in their heart ay "except one," three divorce will till take place.

Reference: We have proven in the footnote earlier that three divorce at one time count a one divorce. (aarim)

At thi point, the ruling of the word i tronger than the intention. However, in the cae of exception regarding wive, intention i valid; if omeone ay: "My wive are divorced," and in their heart exclude one wife, it i correct, becaue the term "wive" ometime applie to all and ometime to ome, o here intention will be valid.

It i alo permiible to make the divorce conditional, for example: "If you enter uch and uch houe, then you are divorced." In thi cae, when he enter that houe, the divorce will take effect.

But the condition will only be valid if the peron making the tatement i the huband. If omeone ay: "If I marry uch and uch a woman, then I will divorce her," and then marrie her, the divorce will not take place, becaue at the time of making the condition, he wa not her huband. The hadith tate:

"لاَ نَذْرَ لاِبْنِ آدَمَ فِيمَا لاَ يَمْلِكُ، وَلاَ عِتْقَ لَهُ فِيمَا لاَ يَمْلِكُ، وَلاَ طَلاَقَ لَهُ فِيمَا لاَ يَمْلِكُ"

“No vow i valid for a peron concerning what he doe not own, nor i he free to do what he doe not own, nor will he divorce what he doe not own.”

Reference: unan Abi Dawood, Faith and Light, Chapter on Oath concerning evering kinhip, Hadith 3274; Jami` at-Tirmidhi, Divorce and Curing, Chapter on 'No Divorce before Marriage', Hadith 1181, and the wording i hi

And Allah Almighty aid:

"يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ "

“O you who believe! When you marry believing women and then divorce them.”

Reference: Al-Ahzab: 33, 49

Both the vere and the hadith make it clear that a tranger woman (non-wife) cannot be divorced. There i conenu among cholar that an unconditional divorce doe not occur, and mot alo hold that a conditional divorce doe not take effect.

If the divorce i upended upon a condition, then the divorce doe not take place before the condition i fulfilled.

Ruling on Doubt in Divorce​

If doubt arie, whether in pronouncing the word of divorce, or in the number of divorce, or in the fulfillment of a condition, the detail are a follow:

① If there i doubt whether the word of divorce were pronounced or not, then divorce will not occur merely due to doubt, becaue the marriage i certain and certainty i not nullified by mere doubt.

② If there i doubt about the occurrence of a condition attached to the divorce, for example, he aid: "If you enter uch and uch houe, then you are divorced," and then there i doubt whether he entered that houe or not, then divorce will not occur, becaue the original marriage remain intact.

③ If the occurrence of divorce i certain but there i doubt about the number, then one divorce will be conidered to have occurred, becaue the occurrence of one i certain and the exce i doubtful, and certainty i not nullified by doubt.

Thi i a general principle ueful in all hariah ruling, and it i derived from the aying of the Meenger of Allah, peace be upon him:

"تدع ما يريبك إلى مالا يريبك"

“Leave that which make you doubtful and chooe that which doe not make you doubtful.”

Reference: ahih al-Bukhari, Al-Buyu’, Chapter on Interpretation of Ambiguou Matter before Hadith 2052 Mu’allaqan, Jami’ at-Tirmidhi, Chapter on Reurrection, Hadith ‘Aqilha wa Tawakkal’ Hadith 2518

And imilarly, if omeone ha certainly attained purity, but then doubt occur regarding hadath (tate of ritual impurity), the Prophet Muhammad (peace be upon him) aid:

"لا ينصرف حتى يسمع صوتا أو يجد ريحا "

“Do not turn back until you hear a ound or mell an odor.”

Reference: ahih al-Bukhari, Al-Wudu’, Chapter: One hould not perform ablution out of doubt until certainty, Hadith: 137

Other narration on thi ubject alo exit.

All thee ruling indicate the beauty and perfection of Ilam. Praie be to Allah who ha granted u thi great bleing.

Explanation of Raj’oo (Revocation of Divorce)​

When a woman ha been given one or two divorce, reuming the marital relationhip during the ‘iddah (waiting period) without a new marriage contract i called raj’oo (revocation).

The evidence for raj’oo i etablihed from the Book of Allah, the unnah of the Meenger of Allah (peace be upon him), and the conenu of the Ummah. Allah Almighty aid:

"وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ إِنْ أَرَادُوا إِصْلَاحًا ۚ "

“Their huband have the full right to take them back during thi period if they intend to reconcile.”

Reference: Al-Baqarah:2/228

Alo He aid:

"الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْساكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسانٍ"

“Divorce are twice. Then either keep [her] in an acceptable manner or releae [her] with good treatment.”

Reference: Al-Baqarah:2/229

And He aid:

"فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ "

“o when they have fulfilled their term, either retain them according to acceptable term or part with them according to acceptable manner.”

Reference: At-Talaq:2/65

From the unnah, the evidence i the incident of ayyiduna Ibn Umar (may Allah be pleaed with him) that the Prophet (peace be upon him) aid about him:

"مُرْهُ فَلْيُرَاجِعْهَا"

“Tell him to take back hi wife.”

Reference: ahih al-Bukhari, Talaq, Chapter: The aying of Allah Almighty "O Prophet, when you [Mulim] divorce women" Hadith 5251; ahih Mulim, Talaq al-Haidh Hadith 1471

imilarly, the Meenger of Allah (peace be upon him) divorced ayyida Hafa (may Allah be pleaed with her) and then took her back.

Reference: unan Abi Dawood, Talaq, Chapter on Reconciliation Hadith 2283; Al-unan al-Kubra by An-Naa’i, Talaq, Chapter on Reconciliation Hadith 5755; unan Ibn Majah, Talaq, Chapter, Narrated by uwaid bin aeed Hadith 2016

Regarding Ijma, Ibn Mundhir, may Allah have mercy on him, tate that the cholar agree that when a free man give le than three divorce and a lave le than two divorce, they have the right to reconcile during the waiting period (iddah).

The widom behind the period of reconciliation i that if the huband divorce and regret it and want to retore the houehold, thi path remain open to him o that he can reconcile and reetablih the houehold. Thi i a part of Allah' mercy.

Condition for Reconciliation​

① The number of divorce mut be le than the number of divorce he i entitled to. That i, a free man ha given le than three and a lave le than two divorce. If a free man ha given three and a lave two divorce, then reconciliation i no longer poible. Now, the marriage i not valid until the woman marrie another man.

② The woman mut have been conummated. If the divorce wa given before conummation, then reconciliation i not poible becaue there i no waiting period (iddah) for her. Allah Almighty ha aid:

"يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِنْ قَبْلِ أَنْ تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلا "

“O believer! When you marry believing women and then divorce them before you have touched them, there i no ‘iddah (waiting period) for them to count.”

Reference: Al-Ahzab 33:49

③ Divorce hould be without compenation. If the wife ha obtained eparation by giving compenation, then it i not permiible for the huband to take her back unle he marrie her again with her conent, becaue the woman ha freed herelf by paying a ranom.

④ The marriage hould be valid. If the marriage wa not lawful and then divorce wa given, there will be no reconciliation becaue the divorce will be irrevocable there.

⑤ Reconciliation hould be within the ‘iddah period. Allah Almighty aid:

"وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ"

“Their huband have a better right to take them back during that period.”

Reference: Al-Baqarah: 2/228

⑥ It i not correct to make reconciliation conditional, for example, aying: “I will reconcile if uch and uch happen.”

I the intention of reconciliation for reform a condition?​

According to ome cholar, thi i a condition becaue Allah Almighty aid:

"إِنْ أَرَادُوا إِصْلَاحًا ۚ "

“If they intend reconciliation.”

Reference: Al-Baqarah: 2/228

heikh al-Ilam Ibn Taymiyyah, may Allah have mercy on him, ay: "Permiion for reconciliation will be given only to the huband who intend to reform and want to keep the wife in a good manner."

Reference: Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah al-Ruj'ah 5/503

According to ome cholar, the intention of reform i not a condition; rather, the vere encourage reform and prevent harm. However, the firt opinion eem more correct. And Allah know bet.

There i no pecific precribed word for reconciliation. Any word that indicate reconciliation i ufficient, uch a: "I have reconciled," "I have taken her back," "I have kept her with me," etc. imilarly, if intercoure i done with the intention of reconciliation, according to the correct opinion, thi will alo be counted a reconciliation.

It i appropriate, and according to ome cholar obligatory, to appoint witnee at the time of reconciliation, becaue Allah Almighty ha aid:

"وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ "

"And appoint two jut witnee from among yourelve."

Reference: At-Talaq 2/65

There i alo a narration from Imam Ahmad, may Allah have mercy on him, in accordance with thi. heikh Taqi al-Din, may Allah have mercy on him, ay: "Keeping the matter of revocation (rajoo') ecret i never correct."

Reference: Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyya al-Raj'ah 5/503

A woman who ha been given a revocable divorce (raj'i talaq) i conidered the wife of her huband during the 'iddah period. The huband i obligated to provide her with maintenance, clothing, and accommodation, and the woman i required to tay in the huband' houe and take care of her adornment and appearance o that the huband' deire remain. If either of them die during the 'iddah, the other become the heir. Both can travel, be in ecluion together, and the huband can have intercoure with her; however, intercoure count a revocation (rajoo').

When the 'iddah end, for example, when the woman become pure from the third mentrual cycle, the right of revocation alo end. After that, if they want to reume the relationhip, a new marriage contract mut be made in the preence of a guardian and two witnee. Allah Almighty ay:

"وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ"

"Their huband have a better right to take them back during that period."

Reference: Al-Baqarah: 2/228

Thi mean that reconciliation i within the period of 'iddah. If the huband reconcile during the 'iddah, he will till retain the right to the remaining divorce, and the divorce after which reconciliation took place will be counted.

If the huband ha given three complete divorce, then it i forbidden for both to reume marital relation until the woman marrie another man through a valid Ilamic marriage, which i not olely for the purpoe of halala, and he conummate the marriage with her naturally, then divorce her. Allah Almighty ha aid:

"فَإِن طَلَّقَهَا فَلَا تَحِلُّ لَهُ مِن بَعْدُ حَتَّىٰ تَنكِحَ زَوْجًا غَيْرَهُ ۗ فَإِن طَلَّقَهَا فَلَا جُنَاحَ عَلَيْهِمَا أَن يَتَرَاجَعَا إِن ظَنَّا أَن يُقِيمَا حُدُودَ اللَّـهِ ۗ "

“If he divorce her, it i not lawful for her to marry him again until he marrie another man. Then if that (other huband) alo divorce her, there i no in upon them if they return to each other, provided they know they can oberve Allah’ limit.”

Reference: Al-Baqarah: 2/230

Allama Ibn Qayyim (may Allah have mercy on him) tate that after the marriage and intercoure with the econd huband, the permiibility of the firt huband i a great favor from Allah Almighty. In the Torah, permiibility wa granted only through the econd marriage; intercoure wa not a condition, and in the Gopel, divorce wa completely prohibited. The hariah of Ilam i perfect, in which the welfare of the ervant ha been fully conidered. A man i permitted to marry up to four women, allowed to keep concubine, given the right to divorce, and alo the poibility of reconciliation i kept. But after the third divorce, a condition i et for return that another man hould marry with deire, not a a rue. The peron who marrie with the intention of halala, the Meenger of Allah (peace be upon him) called him a "borrowed bull," therefore a marriage done with thi intention i invalid and through it the woman doe not become permiible for the firt huband. And Allah know bet.

Rule of Ilaa​

The literal meaning of Ilaa i: to wear an oath. The hariah meaning i that a peron wear that he will not have intercoure with hi wife. The jurit have defined it a follow:

“A huband who i capable of intercoure wear by Allah Almighty or one of Hi attribute that he will not have intercoure with hi wife through the vaginal route forever or for a period exceeding four month.”

From thi definition, it i clear that there are five condition for Ilaa to be valid:

① The peron making Ilaa mut be capable of intercoure.
② He mut wear by Allah Almighty or one of Hi attribute, not intending divorce, emancipation, or a vow.
③ He mut wear to abtain from intercoure through the vaginal route.
④ The period of abtinence mut be more than four month.
⑤ The wife mut be uch that intercoure with her i poible.

When thee five condition are met, he will be conidered legally a having made Ilaa, and the ruling of Ilaa will apply to him. If even one condition i miing, the Ilaa will not be valid.

Allah Almighty ha aid:

"لِّلَّذِينَ يُؤْلُونَ مِن نِّسَائِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ ۖ فَإِن فَاءُوا فَإِنَّ اللَّهَ غَفُورٌ رَّحِيمٌ (226) وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّهَ سَمِيعٌ عَلِيمٌ"

“Thoe who wear not to have relation with their wive hall have a term of four month; and if they return, then indeed, Allah i Forgiving and Merciful. But if they intend divorce, then indeed, Allah i Hearing and Knowing.”

Reference: Al-Baqarah: 2:226-227

The meaning of thi vere i that thoe who wear not to have intercoure with their wive are given a period of four month. If during thi period they return and pay the expiation for their oath, then Allah i forgiving.

Reference: If the oath in 'Ila' i for le than four month and he complete it, then no expiation i required. If the oath in 'Ila' i for more than four month, then he mut pay the expiation mentioned in urah Al-Ma'idah 5:89. (aarim)

And if four month pa and they perit in their tance, they hould be brought before the Qadha council and peruaded to reume relation with their wife and pay the expiation. If they refue, then upon the woman' requet, they hall be ordered to grant a divorce.

Reference: 63

Thi vere end the injutice of ignorance in which the huband would keep the wife hanging by pronouncing for a long time jut to caue her ditre. Ilam ha protected the woman from thi injutice with jutice.

In Ilam, for more than four month i forbidden, becaue it caue the abandonment of a mandatory right.

i etablihed by every huband whoe divorce i valid, whether he i Mulim or non-Mulim, free or lave, adult or a ane minor; however, after reaching puberty, the demand to reume relation will be made. imilarly, one can in a tate of anger or if the peron i ill but expected to recover. Even with a woman with whom intercoure ha not yet occurred, can be done, becaue the word of the vere are general.

by a mad or unconciou peron i not valid, becaue intention i eential and their word are not valid.

If the huband i unable to have intercoure, for example, if he i impotent or ha a evered private organ, then Ilā’ will not be etablihed, becaue in thi cae, not having intercoure i due to incapacity, not becaue of an oath.

If omeone ay: "By Allah! I will never have intercoure with you," or take an oath not to have intercoure for more than four month, or et a condition for intercoure that i not expected to be fulfilled within four month, uch a the decent of Jeu (peace be upon him) or the emergence of the Dajjal, then in all uch cae, the ruling of Ilā’ will apply. imilarly, if he et a condition that i forbidden to fulfill or obligatory to abandon, for example, aying: "By Allah! I will not have intercoure with you until you abandon prayer," or "until you drink alcohol," then in thi cae too, Ilā’ will be etablihed, becaue he ha et a condition that i legally prohibited, which i imilar to an impoible condition in a enory ene.

In thee circumtance, a period for Ilā’ i fixed. Allah Almighty ha aid:

"لِّلَّذِينَ يُؤْلُونَ مِن نِّسَائِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ "

“Thoe who wear not to have relation with their wive hall have a term of four month.”

Reference: Al-Baqarah:2/228

It i narrated from ayyiduna Ibn Umar رضي الله تعالى عنه that when a peron who ha worn for a period longer than four month complete the four month, he will be brought before the Qadi and aked to pronounce divorce. It hould be noted that mere Ilaa (refual of conjugal relation) doe not reult in divorce; divorce occur only upon pronouncement.

Imam Bukhari رحمه الله عليه ha narrated in ahih Bukhari that fourteen ahabah رضوان الله عنهم أجمعين held thi ame ruling. ulaiman bin Yaar رحمه الله عليه ay that I found more than ten ahabah رضوان الله عنهم أجمعين, and all of them held the view that the one who perform Ilaa will be brought to the aembly. The majority of cholar alo hold thi ruling, and the apparent meaning of the vere alo indicate thi.

When the four month of Ilaa are completed, and it hould be noted that the day of the woman’ excue are not counted in thi period, then there are two cae:

① If he ha intercoure with hi wife, it will be undertood that he ha withdrawn the oath, becaue intercoure itelf i "fī’." Ibn Mundhir, may Allah have mercy on him, ha narrated the conenu of the cholar on thi. And in the word of the vere "فَإِن فَاءُوا," the meaning of fī’ i to return to the act that wa abandoned. Through thi, the woman obtain her right.

② If after four month he till refue intercoure, the ruler or judge will order him to divorce her upon the woman' demand. Allah Almighty aid:

"وَإِنْ عَزَمُوا الطَّلَاقَ فَإِنَّ اللَّـهَ سَمِيعٌ عَلِيمٌ "

"And if they intend to have a divorce, then indeed, Allah i Hearing and Knowing."

Reference: Al-Baqarah: 2:226-227

That i, if the huband doe not return and firmly intend to divorce, then the divorce will take place. And if he neither return nor divorce, the judge will divorce on hi behalf or annul the marriage, becaue he i hi repreentative, and delegation in divorce i permiible.

The jurit have included with the one who make the peron who, without taking an oath, refrain from intercoure merely to trouble hi wife. imilarly, the peron who commit with hi wife and then doe not retore relation by paying the expiation until more than four month have paed, i alo conidered under the ruling of . And Allah know bet.

The jurit have alo aid that if the period of ha paed and neither the huband nor the wife i able to have intercoure, the huband will be intructed to ay word of return verbally, for example: "When I am able, I will have intercoure." Becaue thi how that he ha abandoned the intention to harm the woman. Then, when the excue i removed, he hould either have intercoure or give a divorce.

Ruling of​

Zihar i when a man ever relation with hi wife by aying to her: "You are to me like the back of my mother," or "like the back of my iter," or likening her to a woman with whom marriage i permanently forbidden due to kinhip, uckling, or in-law relationhip.

Reference: The truth i that zihar i only etablihed by "أنت علي كظهر أمي" — "You are to me like the back of my mother."

Zihar i forbidden. Allah Almighty ha aid:

"الَّذِينَ يُظَاهِرُونَ مِنكُم مِّن نِّسَائِهِم مَّا هُنَّ أُمَّهَاتِهِمْ ۖ إِنْ أُمَّهَاتُهُمْ إِلَّا اللَّائِي وَلَدْنَهُمْ ۚ وَإِنَّهُمْ لَيَقُولُونَ مُنكَرًا مِّنَ الْقَوْلِ وَزُورًا"

“Among you are thoe who pronounce zihar to their wive; they are not their mother. Their mother are only thoe who gave birth to them. Indeed, they utter an ill word and a lie.”

Reference: Al-Mujadila: 58:2

From thi, it i undertood that zihar i a bad, fale, and unlawful tatement. A man i forbidding omething upon himelf which Allah ha not forbidden, and he i likening hi wife to hi mother, wherea he i not hi mother.

In the age of ignorance, Zihar wa conidered a form of divorce. When Ilam came, it declared it fale and a lie, and precribed expiation for it, which i more evere than the expiation for an oath. It wa made obligatory on both huband and wife that until the huband pay the expiation, intercoure and it preliminarie remain forbidden.

Allah Almighty aid:

"الَّذِينَ يُظَاهِرُونَ مِنكُم مِّن نِّسَائِهِم مَّا هُنَّ أُمَّهَاتِهِمْ ۖ إِنْ أُمَّهَاتُهُمْ إِلَّا اللَّائِي وَلَدْنَهُمْ ۚ وَإِنَّهُمْ لَيَقُولُونَ مُنكَرًا مِّنَ الْقَوْلِ وَزُورًا ۚ وَإِنَّ اللَّـهَ لَعَفُوٌّ غَفُورٌ ﴿٢﴾ وَالَّذِينَ يُظَاهِرُونَ مِن نِّسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ مِّن قَبْلِ أَن يَتَمَاسَّا ۚ ذَٰلِكُمْ تُوعَظُونَ بِهِ ۚ وَاللَّـهُ بِمَا تَعْمَلُونَ خَبِيرٌ ﴿٣﴾ فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِن قَبْلِ أَن يَتَمَاسَّا ۖ فَمَن لَّمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِينًا ۚ ذَٰلِكَ لِتُؤْمِنُوا بِاللَّـهِ وَرَسُولِهِ ۚ وَتِلْكَ حُدُودُ اللَّـهِ ۗ وَلِلْكَافِرِينَ عَذَابٌ أَلِيمٌ "

“Thoe of you who call their wive 'mother' (i.e., commit Zihar) are not their mother; their real mother are thoe who gave birth to them. Indeed, they utter an unreaonable and fale tatement. urely, Allah i Forgiving and Merciful. (2) And thoe who commit Zihar and then retract what they aid mut free a lave before they touch each other again. Thi i how you are advied. And Allah i well aware of what you do. (3) But if omeone cannot afford to free a lave, then he mut fat for two conecutive month before they touch each other. And if he i unable to do that, then he mut feed ixty poor people. Thi i o that you may obey Allah and Hi Meenger. Thee are the limit et by Allah, and for the dibeliever i a painful punihment.”

Reference: Al-Mujadila: 58:3-4

And the Meenger of Allah, peace be upon him, aid to the one who commit Zihar:

" فَلَا تَقْرَبْهَا حَتَّى تَفْعَلَ مَا أَمَرَكَ اللَّهُ بِهِ "

“Do not approach your wife until you have paid the expiation appointed by Allah.”

Reference: unan Abi Dawood, Divorce, Chapter on Zihar, Hadith 2221; Jami` at-Tirmidhi, Divorce, Chapter on what ha been narrated about thoe who commit Zihar before expiation, Hadith 1199, and the wording i hi

According to mot cholar, it i obligatory for the one who commit Zihar to pay the expiation before intercoure, meaning the wife remain forbidden to him until the expiation i completed.

Order of the Expiation for Zihar​

The expiation for Zihar i obligatory in the order mentioned in the Qur'an:

① Freeing a lave or a female lave, or paying their price.
② If one i unable to do that, then fating continuouly for two month.
③ If that i alo not poible due to illne or other reaon, then feeding ixty poor people.

Allah Almighty aid:

"وَالَّذِينَ يُظَاهِرُونَ مِن نِّسَائِهِمْ ثُمَّ يَعُودُونَ لِمَا قَالُوا فَتَحْرِيرُ رَقَبَةٍ مِّن قَبْلِ أَن يَتَمَاسَّا ۚ ذَٰلِكُمْ تُوعَظُونَ بِهِ ۚ وَاللَّـهُ بِمَا تَعْمَلُونَ خَبِيرٌ ﴿٣﴾ فَمَن لَّمْ يَجِدْ فَصِيَامُ شَهْرَيْنِ مُتَتَابِعَيْنِ مِن قَبْلِ أَن يَتَمَاسَّا ۖ فَمَن لَّمْ يَسْتَطِعْ فَإِطْعَامُ سِتِّينَ مِسْكِينًا ۚ ذَٰلِكَ لِتُؤْمِنُوا بِاللَّـهِ وَرَسُولِهِ ۚ وَتِلْكَ حُدُودُ اللَّـهِ ۗ وَلِلْكَافِرِينَ عَذَابٌ أَلِيمٌ"

“Thoe who pronounce zihar againt their wive and then revoke what they aid mut free a lave before they touch each other again. Thi i how you are admonihed. And Allah i fully aware of what you do. (3) But if omeone cannot afford to free a lave, then he mut fat for two conecutive month before they touch each other again. And if he i unable to do that, then he mut feed ixty poor people. Thi i o that you may obey Allah and Hi Meenger. Thee are the limit et by Allah, and a painful punihment await the dibeliever.”

Reference: Al-Mujadila: 58:3-4

“The meaning of ‘يُظَاهِرُونَ مِن نِّسَائِهِمْ’ i that a man tell hi wife that he i forbidden to him like hi mother’ back, or ay a imilar word.
‘ثُمَّ يَعُودُونَ لِمَا قَالُوا’ mean that then he intend to have intercoure with the ame woman from whom he made the declaration of zihar.
And ‘فَتَحْرِيرُ رَقَبَةٍ مِّن قَبْلِ أَن يَتَمَاسَّا’ mean that it i obligatory to free a lave before they have intercoure.

It i a condition for freeing a lave or a female lave that they be a believer, becaue Allah Almighty ha made the condition of a believing neck in the expiation for killing:

"وَمَن قَتَلَ مُؤْمِنًا خَطَأً فَتَحْرِيرُ رَقَبَةٍ مُّؤْمِنَةٍ"

“Whoever kill a believer unintentionally, then freeing a believing lave i obligatory upon him.”

Reference: An-Nia:4/92

Therefore, in the expiation for zihar, the general term will be applied to a pecific (believing) peron. imilarly, it i alo a condition that the lave or female lave be phyically ound, meaning that there hould be no defect that clearly hinder their work, becaue the purpoe of freeing i that they become the owner of their own benefit, and thi i only poible if they are phyically capable.

Condition of Fating​

The condition for oberving fat a expiation for Zihar are a follow:

① One hould not have the ability to free a lave or a lave girl.
② The fat mut be conecutive for two month, with no break in between, except for a valid excue recognized by hariah, uch a the beginning of Ramadan, Eid, or the day of Tahreeq, or the ue of leave in cae of illne or travel. In uch cae, the continuity will not be broken.
③ One mut intend the fat of expiation every night.

Condition for feeding food​

If the expiation i paid by feeding ixty poor people, the following condition apply:

① One hould not have the trength to fat.
② The peron being fed mut be poor, Mulim, and free, and eligible to receive Zakat.
③ Each poor peron hould be given no le than one “Mudd” (half a kilo) of wheat or other food, which i half a “aa’” (one kilo).

And intention i a condition for the validity of the expiation, becaue the Meenger of Allah (peace be upon him) aid:

"إِنَّمَا الأَعْمَالُ بِالنِّيَّاتِ، وَإِنَّمَا لِكُلِّ امْرِئٍ مَا نَوَى"

"Action depend on intention, and a peron will get only what he intended."

Reference: ahih al-Bukhari, Beginning of Revelation, Chapter: How the Revelation Began to the Meenger of Allah ﷺ, Hadith 1

Beide the Quran, the incident of ayyida Khawla (may Allah be pleaed with her) i alo evidence for thi order. he aid:

"ظاهر مني زوجي أوس بن الصامت فجئت رسول الله صلى الله عليه وسلم أشكو إليه ورسول الله صلى الله عليه وسلم يجادلني فيه ويقول اتقي الله فإنه ابن عمك فما برحت حتى نزل القرآن )قد سمع الله قول التي تجادلك في زوجها (إلى الفرض فقال يعتق رقبة قالت لا يجد قال فيصوم شهرين متتابعين قالت يا رسول الله إنه شيخ كبير ما به من صيام قال فليطعم ستين مسكينا قالت ما عنده من شيء يتصدق به قالت فأتي ساعتئذ بعرق من تمر قلت يا رسول الله فإني أعينه بعرق آخر قال قد أحسنت اذهبي فأطعمي بها عنه ستين مسكينا وارجعي إلى ابن عمك "

"My huband Aw ibn Thabit (may Allah be pleaed with him) pronounced Zihar on me, o I came to the preence of the Meenger of Allah ﷺ and complained about my huband. I began to argue with you, and you aid: 'Khawla! Fear Allah, he i the on of your maternal uncle.' I wa till there when the vere of the Quran were revealed: 'Indeed, Allah ha heard the tatement of the woman who dipute with you concerning her huband.' The Meenger of Allah ﷺ aid: 'Your huband mut free a lave.' Hazrat Khawla (may Allah be pleaed with her) aid that he did not have the trength for that. The Meenger of Allah ﷺ aid:

"He fated continuouly for two month." he aid, "O Meenger of Allah, he i very old; how can he have the trength to fat?" The Prophet ﷺ aid: "He hould feed ixty poor people." he aid: "He ha nothing to give in charity." he aid that at that moment a baket of date wa brought to the Prophet ﷺ, o I aid: O Meenger of Allah ﷺ, I will alo give him one baket. The Prophet ﷺ aid: "Very good. Go and feed thee ixty poor people on hi behalf. Tell your couin (huband) to retore relation with you."

Reference: unan Abi Dawood, Divorce, Chapter on Zihar, Hadith 2214

Alhamdulillah! Our religion i uch a great religion in which every difficulty ha a olution. Zihar wa a evere hardhip in the time of ignorance that caued the detruction of familie, but Ilam preented a jut olution for it. Furthermore, in the expiation, the huband' capacity and ability were alo taken into conideration. Alhamdulillah for that.

Ruling of Lian​

Allah Almighty ha forbidden accuing any chate man or woman of adultery, and ha decreed evere punihment for the one who make uch an accuation. Allah Almighty aid:

"إِنَّ الَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ الْغَافِلَاتِ الْمُؤْمِنَاتِ لُعِنُوا فِي الدُّنْيَا وَالْآخِرَةِ وَلَهُمْ عَذَابٌ عَظِيمٌ ﴿٢٣﴾ يَوْمَ تَشْهَدُ عَلَيْهِمْ أَلْسِنَتُهُمْ وَأَيْدِيهِمْ وَأَرْجُلُهُم بِمَا كَانُوا يَعْمَلُونَ ﴿٢٤﴾ يَوْمَئِذٍ يُوَفِّيهِمُ اللَّـهُ دِينَهُمُ الْحَقَّ وَيَعْلَمُونَ أَنَّ اللَّـهَ هُوَ الْحَقُّ الْمُبِينُ"

“Thoe who accue chate, innocent, believing women are cured in thi world and the Hereafter, and for them i a great punihment (23) When their tongue and their hand and their feet will bear witne againt them a to what they ued to do (24) On that Day Allah will give them their full recompene with jutice, and they will know that Allah i the Truth and that He i the Manifeter of the truth.”

Reference: An-Nur: 24:23-25

And Allah Almighty ha emphaized that if anyone accue of adultery and cannot produce four witnee in upport of hi claim, then he hall be flogged with the ame number of lahe, he will be conidered a inner and hi tetimony will not be accepted, unle he incerely repent. Allah Almighty aid:

"وَالَّذِينَ يَرْمُونَ الْمُحْصَنَاتِ ثُمَّ لَمْ يَأْتُوا بِأَرْبَعَةِ شُهَدَاءَ فَاجْلِدُوهُمْ ثَمَانِينَ جَلْدَةً وَلَا تَقْبَلُوا لَهُمْ شَهَادَةً أَبَدًا ۚ وَأُولَـٰئِكَ هُمُ الْفَاسِقُونَ ﴿٤﴾ إِلَّا الَّذِينَ تَابُوا مِن بَعْدِ ذَٰلِكَ وَأَصْلَحُوا فَإِنَّ اللَّـهَ غَفُورٌ رَّحِيمٌ"

“Thoe who accue chate women of adultery and then do not produce four witnee, flog them with the ame punihment and never accept their tetimony. Thee are the wicked people. (4) However, thoe who repent and reform thereafter, Allah i Forgiving and Merciful.”

Reference: An-Nur: 24:4-5

Thee ruling apply when omeone accue a woman other than hi wife. But if omeone accue hi own wife of adultery, there i a different ruling called “Lian,” in which both huband and wife wear pecific oath and word of cure and wrath are ued.

If a man accue hi wife of adultery and ha no evidence, and both agree to the Lian, then no punihment will be impoed on either. Allah Almighty aid:

"وَالَّذِينَ يَرْمُونَ أَزْوَاجَهُمْ وَلَمْ يَكُن لَّهُمْ شُهَدَاءُ إِلَّا أَنفُسُهُمْ فَشَهَادَةُ أَحَدِهِمْ أَرْبَعُ شَهَادَاتٍ بِاللَّـهِ ۙ إِنَّهُ لَمِنَ الصَّادِقِينَ ﴿٦﴾ وَالْخَامِسَةُ أَنَّ لَعْنَتَ اللَّـهِ عَلَيْهِ إِن كَانَ مِنَ الْكَاذِبِينَ ﴿٧﴾ وَيَدْرَأُ عَنْهَا الْعَذَابَ أَن تَشْهَدَ أَرْبَعَ شَهَادَاتٍ بِاللَّـهِ ۙ إِنَّهُ لَمِنَ الْكَاذِبِينَ ﴿٨﴾ وَالْخَامِسَةَ أَنَّ غَضَبَ اللَّـهِ عَلَيْهَا إِن كَانَ مِنَ الصَّادِقِينَ "

“Thoe who accue their wive of adultery and have no witne except themelve, then each of them hould wear by Allah four time that they are indeed truthful (6) and the fifth time ay that the cure of Allah be upon him if he i among the liar (7). And the punihment can be removed from that woman if he wear by Allah four time that indeed her huband i among the liar (8) and the fifth time ay that the wrath of Allah be upon him if her huband i among the truthful.”

Reference: An-Nur:24.6.9

The huband hould ay four time, “By Allah! My wife ha committed adultery.” If the wife i preent, he hould alo point toward her, and if he i not preent, he hould mention her name, o that the matter become clear. The fifth time he hould ay, “If I am lying, then may the cure of Allah be upon me.”

Then the wife will wear four time that her huband i lying about the accuation he ha made againt her, and on the fifth time he will ay that if her huband i truthful, then may Allah' wrath be upon her.

The word "wrath" i ued for the woman in the cae of becaue one who knowingly reject the truth i conidered .

For the to be valid, the condition i that both huband and wife mut be accountable, i.e., ane and adult, and the accuation mut be of adultery, and the woman mut continuouly deny the huband' claim until the i complete and the judge decide it completion.

When thee condition and circumtance are met, three ruling will apply:

① The huband will not be liable for the punihment of .
② The huband and wife will be permanently eparated from each other; their marital relationhip will now be forbidden.
③ If the huband alo denie the child’ lineage to himelf in the , then that child will not be attributed to that huband.

A huband will reort to the path of only when he find hi wife guilty of adultery but doe not have evidence that can be preented in court, or he ha trong circumtantial evidence, uch a repeatedly eeing a corrupt peron coming and going to hi wife.

The widom behind the permiibility of i that keeping an adulterou wife i a ource of hame for the huband, and there i alo the rik of the lineage of another man' child being attributed to him. The huband i certain of hi claim but lack proof, and the woman doe not confe but intead call the huband a liar. In uch a ituation, it i appropriate to decide through evere oath. The hariah ha precribed the path of to reolve thi difficulty.

If the huband ha no witne other than himelf, the woman will be given the opportunity to wear oath in repone to the huband' oath to deny the accuation, which will reult in her being pared the punihment of hadd. If the huband refue to wear oath, then the punihment of qadhf (fale accuation), that i, the ame number of lahe, will be inflicted on him. And if after the huband wear oath, the woman denie by wearing oath, then the man' oath and the woman' denial will be trong evidence that the crime wa committed by her.

Allama Ibn Qayyim, may Allah have mercy on him, tate that the evidence i etablihed on thi matter, and Imam Ahmad, Imam hafi'i, and Imam Malik, may Allah have mercy on them, alo aid that if the woman refue to wear oath, then the hadd punihment for adultery will be applied to her. Thi i the correct opinion, and the Holy Quran alo upport thi.

The evidence for La'an in unnah i narrated from ayyiduna Ibn Umar رضي الله تعالى عنه in the incident where a man aked the Meenger of Allah صلی اللہ علیہ وسلم: If a man ee hi wife with another man, what hould he do? If he peak out, it i a big matter, and if he remain ilent, it i alo unbearable. The Meenger of Allah صلی اللہ علیہ وسلم remained ilent, then the man came again and aid that now thi matter ha actually happened to me. Then the vere of urah An-Nur were revealed:

"وَالَّذِينَ يَرْمُونَ أَزْوَاجَهُمْ .....إِن كَانَ مِنَ الصَّادِقِينَ "

They were revealed. The Prophet Muhammad (peace be upon him) recited them and preached that the punihment of thi world i very light compared to the punihment of the Hereafter. The huband aid that he wa not lying. Then the woman wa called and advied; he alo aid that he wa lying. Then the huband wore four oath that he wa truthful, and on the fifth time aid that if he wa lying, then Allah' cure be upon him. Then the woman wore four oath that her huband wa lying, and on the fifth time aid that if the huband wa truthful, then Allah' wrath be upon him. After that, the Meenger of Allah (peace be upon him) eparated them.

Reference: ahih Mulim, Al-Li'an, Hadith 1493

tatement on Etablihing Lineage​

If a man' wife or lave woman bear a child, and it i poible that the child i hi, then the child' lineage will be attributed to that man, becaue the child wa born in hi bed. The Meenger of Allah (peace be upon him) aid:

"الولد للفراش"

“The child belong to the one on whoe bed the child i born.”

Reference: ahih al-Bukhari, Hudood, Chapter on Fornication, Hadith 68.18, Jami` at-Tirmidhi, Ar-Rida` Chapter, What Ha Been Related About the Child Belonging to the Bed, Hadith 1157

In the following cae, the child will be conidered the legitimate offpring of that peron:

① The woman i married to the huband, and the child i conceived within at leat ix month after the poibility of intercoure, whether the huband i preent with her or abent. In thi cae, it i poible that the child belong to thi huband, and there i no trong evidence againt it.

② The woman i no longer married to the huband, meaning the huband ha eparated from her, and he conceive a child within le than four year after the divorce. Then the child will be conidered the legitimate offpring of the former huband, becaue the maximum duration of pregnancy i conidered to be four year, o it i highly likely that the child belong to him.

In both thee cae, one condition i that both the man and the woman mut be capable of producing a child, meaning their age i ten year or more, becaue the Prophet (peace be upon him) aid:

"مُرُوا أَوْلادَكُمْ بِالصَّلاةِ وَهُمْ أَبْنَاءُ سَبْعِ سِنِينَ وَاضْرِبُوهُمْ عَلَيْهَا وَهُمْ أَبْنَاءُ عَشْرٍ وَفَرِّقُوا بَيْنَهُمْ فِي الْمَضَاجِعِ "

“Command your children to pray when they reach the age of even, and when they reach the age of ten and do not pray, then beat them and eparate their bed.”

Reference: unan Abi Dawood, Prayer, Chapter: When the boy i commanded to pray, Hadith 495

From thi, it i inferred that the poibility of intercoure exit at the age of ten.

Reference: The author' inference i not accepted by the majority of cholar. Therefore, thi i debatable (aarim)

③ If omeone give hi wife a revocable divorce, and before four year have paed ince the time of divorce and before the completion of the waiting period (iddah), he give birth to a child, then the child' lineage will be attributed to the one who gave the divorce, becaue the revocable divorced wife remain under hi authority.

For attributing the lineage of a child born from a lave woman to the mater, the following condition are ufficient:

Firt: The mater admit that he had intercoure with the lave woman, or there i clear evidence in hi favor.
econd: After thi admiion or proof of intercoure, the woman conceive a child within ix month or more.

In thi cae, the child' lineage will be attributed to the owner, becaue he ha been etablihed a the mater of the bed, therefore the hadith "The child belong to the owner of the bed" applie generally.

Reference: ahih al-Bukhari, Al-Judood, Bab Lil Aahir Al-Hajr, Hadith: 6818

imilarly, if the owner admit to intercoure with the lave woman, then ell or free her, and he conceive before the ix month of ale or freedom are completed and the child urvive, the lineage will till be attributed to that owner, becaue the minimum getation period i ix month, which how that the pregnancy occurred during the time of hi ownerhip.

There are two cae in which the child' lineage will not be attributed to the huband:

① When the woman conceive a child ix month before the marriage and the child urvive, becaue it i not poible for the pregnancy to have occurred after the marriage and the child to be born alive within uch a period, therefore it will be undertood that he wa already pregnant before.

② When a man give hi wife an irrevocable divorce, and then the woman give birth to a child more than four year after the time of divorce, the child' lineage will not be attributed to the man who gave the divorce, becaue thi exceed the maximum duration of pregnancy.

If a mater claim to be free from pregnancy (itibra) after intercoure with a lave woman, and then he give birth to a child, the child' lineage will not be attributed to the mater, becaue he i the claimant of itibra. ince itibra i a hidden matter, it claim will be accepted with an oath.

If there i doubt about the lineage of a child, the owner of the bed will be judged. For example, if the mater ay thi child i mine, and another peron claim the child i hi baed on doubtful intercoure, the child will be conidered the mater', becaue:

"الولد للفراش"

“The child belong to the owner of the bed.”

Reference: ahih al-Bukhari, Al-Judood, Chapter on Prohibition of Fornication, Hadith 68.18

The child will follow the father in lineage, becaue Allah Almighty aid:

"ادْعُوهُمْ لِآبَائِهِمْ"

“Call the foter-parent by their (real father') name.”

Reference: Al-Ahzab 5/33

In religion, a child will follow the parent who ha the better faith. For example, between a Chritian and a polytheit, the child will follow the Chritian.

In term of freedom and lavery, the child will follow the mother, unle the one who freed the child ha et a condition, or there i a pecific cae of deception.

Ilam ha explained thee rule of lineage o that genealogie remain preerved, becaue many ruling uch a maintaining kinhip tie, inheritance, guardianhip, and many other are connected with them. Allah Almighty ha aid:

"يَا أَيُّهَا النَّاسُ إِنَّا خَلَقْنَاكُم مِّن ذَكَرٍ وَأُنثَىٰ وَجَعَلْنَاكُمْ شُعُوبًا وَقَبَائِلَ لِتَعَارَفُوا ۚ إِنَّ أَكْرَمَكُمْ عِندَ اللَّـهِ أَتْقَاكُمْ ۚ إِنَّ اللَّـهَ عَلِيمٌ خَبِيرٌ"

“O mankind! Indeed We have created you from a male and a female and made you into nation and tribe o that you may know one another. Indeed, the mot honored of you in the ight of Allah i the mot righteou of you. Indeed, Allah i Knowing and Acquainted.”

Reference: Al-Hujurat:13.49

Therefore, the purpoe of knowing lineage and ancetry i not for pride or ignorant boating, but for mutual cooperation, maintaining kinhip tie, and howing mercy and compaion to one another.

May Allah Almighty grant u all the ability to perform deed that are beloved and pleaing to Him. Ameen.

Rule of 'Iddah'​

After divorce, 'Iddah' (waiting period) i obligatory. Thi mean that a woman mut wait for a pecified period with certain retriction precribed by hariah.

The evidence for 'Iddah' i from the Book of Allah, the unnah of the Meenger of Allah ﷺ, and the conenu of the Ummah. Allah Almighty aid:

"وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ ۚ "

“Divorced women hall keep themelve waiting for three mentrual period.”

Reference: Al-Baqarah:2/228

And He aid:

"وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ ۚ وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ ۚ "

“And thoe of your women a have paed the age of monthly coure, for them the 'Iddah' if you have doubt, i three month, and for thoe who have no coure (i.e., they are till immature), their 'Iddah' i three month likewie, except in cae of death. And for thoe who are pregnant, their 'Iddah' i until they deliver their burden.”

Reference: At-Talaq:4/55

Thee vere pertain to the 'Iddah' after eparation during life. And if the 'Iddah' i due to the huband' death, then Allah Almighty aid:

"وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا ۖ "

“And thoe of you who die and leave wive behind, they (the wive) hall wait four month and ten day.”

Reference: Al-Baqarah:2/234

The unnah evidence i from the narration of ayyidah Aiha (may Allah be pleaed with her):

" أمرت بريرة أن تعتد بثلاث حيض "

“Barirah, may Allah be pleaed with her, wa commanded to oberve three mentrual cycle of ‘iddah.”

Reference: unan Ibn Majah, Divorce, Chapter on the option of ‘Iddah when the woman i divorced, Hadith 2077

The widom behind the legitimacy of ‘iddah i that the tate of pregnancy in the womb become clear and there i no confuion in lineage. imilarly, in revocable divorce, the huband i given a period during which, if he repent, he may reconcile. Thi include the anctity and repect of marriage, honoring the huband' right, and if the woman i pregnant, the protection of the fetu. In hort, ‘iddah i a mean of preerving the repect of marriage.

‘Iddah i obligatory on every woman who ha eparated from her huband, whether the caue i divorce, khula, annulment of marriage, or the huband' death, provided that the huband ha been intimate with her, whether the woman i free or a lave, adult or uch a minor with whom intercoure i poible.

If a woman i divorced before any intimacy during her lifetime, then ‘iddah i not obligatory on her. Allah Almighty ha aid:

"يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ "

“O believer! When you marry believing women and then divorce them before touching them, there i no ‘iddah (waiting period) for them to count.”

Reference: Al-Ahzab:33:49

In the vere, “تَمَسُّوهُنَّ” (tamauhunna) refer to intercoure. cholar are unanimou on thi. The word “الْمُؤْمِنَاتِ” (al-mu’minat) i ued generally, becaue thi ruling alo applie to the women of the People of the Book.

However, if the huband die, the woman mut oberve ‘iddah, whether intercoure took place or not, becaue the vere i general and there i no pecification againt it:

"وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا ۖ "

“Thoe of you who die and leave behind wive, thoe wive hall wait for four month and ten day.”

Reference: Al-Baqarah:2/234

There are ix type of women who oberve ‘iddah:

① Pregnant
② Non-pregnant whoe huband ha died
③ Non-pregnant divorced woman who mentruate
④ Divorced woman who doe not mentruate
⑤ Woman whoe mentruation ha topped due to old age, youth, or illne
⑥ Woman whoe huband i miing

‘Iddah of the Pregnant Woman​

The waiting period (iddah) for a pregnant woman lat until he give birth, whether the eparation from the huband i due to divorce or hi death. Allah Almighty ha aid:

"وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ ۚ "

“The waiting period for pregnant women i until they give birth.”

Reference: At-Talaq:4/65

From thi vere, it i undertood that the iddah of a pregnant woman end upon the birth of the child, whether the huband ha died or ha divorced her. ome of the early cholar held the view that in the cae of death, the longer of the two iddah hould be oberved, but later the cholar unanimouly agreed that the iddah end with childbirth.

However, the iddah doe not end with every expelled matter; rather, it mut be a child in whom the human form and feature are evident. If it i only a lump of fleh without clear human formation, then the iddah doe not end.

imilarly, the pregnancy mut be of the ame huband who ha divorced the woman. If the pregnancy i not of that huband, for example, if the huband i o young that he cannot father a child, or i incapable due to a congenital defect, or the woman gave birth to a living child ix month before the marriage, then the 'iddah will not end becaue the lineage i not etablihed with that huband.

The minimum duration of pregnancy i ix month. Allah Almighty ha aid:

"وَحَمْلُهُ وَفِصَالُهُ ثَلاثُونَ شَهْرًا"

“The period of pregnancy and weaning of the child i thirty month.”

Reference: Al-Ahqaf:46/15

And He aid:

"وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ ۖ "

“Mother hall breatfeed their children for two full year.”

Reference: Al-Baqarah:2/233

When two year, i.e., twenty-four month, are ubtracted from thirty month, ix month remain; thi i the minimum duration of pregnancy.

There i a difference of opinion among cholar regarding the maximum duration of pregnancy. The preferred view i to refer to actual example. Allama Muwaffaq al-Din Ibn Qudamah, may Allah have mercy on him, tate that where there i no text, obervation i reliable. Although ome example of five year or more have been reported, the prevailing duration i nine month.

The Ilamic hariah ha given great repect and tatu to pregnancy. It i not permiible to harm the pregnancy. If the pregnancy i terminated due to omeone' wrongdoing after the oul ha entered, then blood money (diyah) and expiation (kaffarah) become obligatory. If a pregnant woman i ubject to a hadd punihment or toning, the implementation of the punihment will be potponed until the child i born. It i alo not permiible to abort the pregnancy through medication.

Thank be to Allah who ha granted uch a perfect hariah in which the right of even the unborn child in the womb are protected. We pray to Allah to grant u incerity in following Hi command and obedience to Him.

Iddat of Death​

If a woman' huband die and he i not pregnant, her waiting period (iddah) i four month and ten day, whether the huband' death occur before or after intercoure, and whether the woman i capable of intercoure or not. The evidence i the general command of Allah Almighty:

"وَالَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجًا يَتَرَبَّصْنَ بِأَنفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْرًا ۖ "

“Thoe of you who die and leave behind wive, the wive hall wait for four month and ten day.”

Reference: Al-Baqarah:2/234

Allama Ibn Qayyim, may Allah have mercy on him, tate that the waiting period of four month and ten day i due to the huband' death, whether intercoure took place or not, becaue the evidence from the Quran and unnah are general, and the cholar are unanimou on thi.

Reference: I'lam al-Muwaqqi'in 2/76

And Allama Wazir and other have alo narrated that the cholar are unanimou on thi.

For a lave woman, thi waiting period i half, i.e., two month and five day. It i narrated that the Companion, may Allah be pleaed with them all, were unanimou that the waiting period of divorce and death for a lave woman i half that of a free woman.

Reference: Al-Mughni wal-harh al-Kabir 9/108

pecific ruling of the waiting period after death​

① A woman will oberve her 'iddah (waiting period) at the place where he wa reiding at the time of her huband' death. It i not permiible to move from there without a valid excue, becaue the Meenger of Allah (peace be upon him) told a woman to oberve her 'iddah in the ame houe where he received the new of her huband' death.

Reference: unan Abi Dawood, Divorce, Chapter on the deceaed huband, Hadith 2300; unan an-Naa'i, Divorce, Chapter on the place of the deceaed huband during 'iddah, Hadith 3559, 3560; Jami' at-Tirmidhi, Divorce, Chapter on what Ibn Ta'tad aid about the deceaed huband, Hadith 1204

② If he i compelled, for example, if there i a danger to life, if he i forcibly expelled, or if there i a problem with rent, then he may oberve her 'iddah wherever he wihe.

③ he may leave the houe during the day if neceary, but not at night, becaue the rik of diorder i greater at night. The hadith tate:

"تحدثن عند إحداكن ما بدا لكن، فإذا أردتن النوم فلتأت كل امرأة إلى بيتها"

“You may gather together to talk with one another (during the day), but when it i time to leep, each one hould return to her own home.”

Reference: (Weak) Manar al-abeel, pp. 612-613, Hadith 2135; Al-unan al-Kubra by al-Bayhaqi 7/436. However, in cae of evere neceity, a woman may leave the houe.

④ During the waiting period after death (Iddat al-Wafat), a woman hould remain in a tate of mourning. he hould not adopt a demeanor that i decorative, beautifying, or attractive. Allama Ibn Qayyim (may Allah have mercy on him) ha explained very ubtle widom behind thi: In the era of ignorance, women ued to mourn for a whole year with evere ditre, but Ilam abolihed thi fale practice and taught patience and gratitude. Mourning for other deceaed peron beide the huband i permitted for three day, wherea mourning for the huband i connected with the waiting period (Iddat). ince in the preence of the huband, a woman need perfume, adornment, etc., it i a right of the huband that he refrain from thee during the waiting period after hi death. Thi alo prevent other' attraction and the woman' own diplay of adornment.

Reference: I'lam al-Muwaqqi'in: 2/145,147

Therefore, it i obligatory upon a woman during the waiting period after death that he:
✔ Doe not apply henna
✔ Doe not ue decorative color
✔ Doe not wear jewelry
✔ Doe not ue perfume
✔ Doe not wear bright and decorative clothing
✔ Wear imple clothing that i not conidered adornment

⑤ For the 'Iddat of death,' hariah ha not precribed any pecific clothing, only that the clothing hould not be a caue of adornment.

⑥ When the 'Iddat' i completed, there i no pecific ritual or particular word etablihed by hariah for thi occaion.

Iddat of a Divorced Woman​

For a woman who doe not mentruate, her 'Iddat' after divorce i three month. Allah Almighty ha aid:

"وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ"

“Thoe of your women who have depaired of mentruation, if you have any doubt, their 'Iddat' i three month.”

Reference: At-Talaq:4/55

And for a divorced woman who mentruate, provided he i not pregnant, her 'Iddat' i three mentrual cycle. Allah Almighty ha aid:

"وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ ۚ وَلَا يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ اللَّهُ فِي أَرْحَامِهِنَّ "

“Divorced women hall keep themelve waiting for three mentrual period. It i not lawful for them to conceal what Allah ha created in their womb.”

Reference: Al-Baqarah:2/228

Here, "Qurū’" refer to mentruation. Among the Companion of the Prophet, may Allah be pleaed with them all, thi wa the opinion of Hazrat Umar, Hazrat Ali, and Ibn Abba, may Allah be pleaed with them. And in the Hadith, "Qar’" ha alo been ued to mean mentruation. The Prophet Muhammad (peace be upon him) aid to a woman uffering from Itihadah (non-mentrual bleeding):

"إِذَا أَتَى قَرْؤُكِ فَلَا تُصَلِّي "

“When you experience mentruation, do not perform prayer.”

Reference: unan Abi Dawood, Purification, Chapter on Women Experiencing Itihadah, Hadith 280; unan An-Naa’i, Mentruation, Chapter on Mentioning the Prince, Hadith 358

It i neceary to complete three full mentrual cycle in the waiting period ('iddah). If a divorce i given during mentruation, although it i forbidden, that mentruation will not be counted in the 'iddah.

If the divorced woman i a lave girl, her 'iddah i two mentrual cycle. Thi wa the practice of ayyiduna Umar, Ali, and Ibn Umar (may Allah be pleaed with them), and there i no well-known oppoition among the Companion. Thi ruling pecifie the general command of Allah Almighty:

"وَالْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَاثَةَ قُرُوءٍ "

“Divorced women hall keep themelve waiting for three mentrual period.”

Reference: Al-Baqarah: 2/228

By pecification. By analogy, it hould have been one and a half mentrual cycle, but mentruation cannot be divided, o two mentrual cycle were precribed.

For a woman whoe mentruation ha ceaed due to old age, or a girl who ha not yet begun mentruating, the 'iddah i three month. Allah Almighty ha aid:

"وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ "

“Thoe women among you who have depaired of mentruation—if you have any doubt, their 'iddah i three month, and (likewie) for thoe who have not yet mentruated.”

Reference: At-Talaq:4/55

Imam Ibn Qudamah, may Allah have mercy on him, ha narrated the conenu of the cholar on thi matter.

Reference: Al-Mughni wal-harh al-Kabir Ibn Qudamah:9/90

If a lave girl i young or her mentruation ha topped, then her 'iddah i two month. ayyiduna Umar, may Allah be pleaed with him, aid:

"عِدَّةُ أمِّ الولدِ حَيْضَتَانِ، ولو لم تَحِضْ كانَتْ عِدَّتُها شَهْرَيْنِ"

“The 'iddah of a female lave i two mentrual cycle; if he ha not tarted mentruating, then her 'iddah i two month.”

Reference: Manar al-abeel p.608, Hadith:2122, Al-unan al-Kubra by Al-Bayhaqi 7/425

ome cholar hold the view that her 'iddah i one and a half month.

Reference: Regarding thi, a narration i tranmitted from Hazrat Ali, may Allah be pleaed with him; ee Al-unan al-Kubra by Al-Bayhaqi:7/425

A woman whoe mentruation top due to a condition​

uch a woman ha two ituation:

① The caue i unknown. uch a woman will have an 'iddah of one year: nine month for the poibility of pregnancy, and three month for the 'iddah. Imam hafi'i, may Allah have mercy on him, tate that thi deciion wa that of ayyiduna Umar, may Allah be pleaed with him, and it wa practiced among the Muhajireen and Anar, and no one oppoed it.

Reference: Al-Mughni wal-harh al-Kabir 9/98

② The caue i known, uch a illne, breatfeeding, or medication that prevent mentruation. uch a woman will firt wait for the caue to end. If mentruation occur, he will complete three mentrual cycle for 'iddah, and if mentruation doe not occur depite the caue ending, then according to the correct opinion, he will complete one year of 'iddah. heikh al-Ilam Ibn Taymiyyah, may Allah have mercy on him, preferred thi, and Imam Ahmad, may Allah have mercy on him, alo ha a imilar opinion.

'Iddah of a Mutahadhah Woman​

There are three type of mutahadhah women:

① If the number and timing of mentrual day are known before itihaza; then he hould oberve the three mentrual period of 'iddah according to her uual habit.
② If the number i forgotten but he can ditinguih between mentrual and itihaza blood; then he hould oberve 'iddah according to that ditinction.
③ If neither the day are known nor can he ditinguih between the blood; then he hould oberve 'iddah like a woman who i hopele of mentruation for three month.

Marriage Propoal and 'Iddah​

It i forbidden to explicitly propoe marriage to a woman who i oberving the 'iddah of her huband' death or who ha been given a final divorce during the 'iddah, for example: "I want to marry you." However, it i permiible to convey the propoal by implication, for example: "I want to marry a woman like you." The evidence for thi i Allah' tatement:

"وَلَا جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُم بِهِ مِنْ خِطْبَةِ النِّسَاءِ"

"It i no in for you that you make a hint or conceal it in peech to thoe women."

Reference: Al-Baqarah:2/235

But if a woman ha been given le than three divorce, or if it i a revocable divorce, then it i permiible for the huband to propoe marriage after the completion of the waiting period ('iddah). In fact, he can even expre thi intention explicitly or implicitly during the 'iddah, becaue he retain the right to marry her, and indeed, he alo ha the right to reconcile.

The Wife of a Miing Huband​

If a woman' huband goe miing, and neither hi life nor death i known, the judge hould et a period according to the circumtance during which the woman hould wait for hi return or new of him. Until thi period end, he will be conidered married to him, becaue the original huband i preumed alive. When the period expire, the judge will declare him dead, and then the woman will oberve the waiting period for death, which i four month and ten day. Thi i the ruling of a group of the Companion of the Prophet (may Allah be pleaed with them all).

Imam Ibn Qayyim رحمه الله عليه tate that it i etablihed from ayyiduna Umar رضي الله تعالى عنه that he ordered the wife of a miing peron to wait for four year, and then permitted her to marry omeone ele. Later, when the firt huband returned, ayyiduna Umar رضي الله تعالى عنه gave him the choice to either take back hi wife or take back the dowry. Imam Ahmad رحمه الله عليه alo adopted thi poition. Abu Dawood رحمه الله عليه narrated that Imam Ahmad aid: I have no doubt in thi matter, becaue five noble Companion رضوان الله عليهم أجمعين gave thi ame ruling.

Reference: I'lam al-Muwaqqi'in: 2/49

Imam Ibn Qayyim رحمه الله عليه tate that the tatement of ayyiduna Umar رضي الله تعالى عنه i the mot correct and cloet to reaon, and haykh al-Ilam Ibn Taymiyyah رحمه الله عليه alo affirmed thi a correct.

When a woman complete thi waiting period (iddah), he can marry another man. There i no need to obtain a divorce from the guardian of the miing huband. If he marrie another man and then the firt huband return, he ha the option to either demand eparation from the econd huband or take back the dowry and remain married to the econd huband. It doe not matter whether the econd huband ha conummated the marriage or not.

heikh al-Ilam Ibn Taymiyyah, may Allah have mercy on him, tate that thi opinion i correct, and it fully embodie jutice and fairne.

Reference: Al-Fatawa al-Kubra al-Ikhtiyarat al-Ilmiyyah, Volume: 5/511-512

Explanation of Itibra' al-Rahim​

Itibra' al-Rahim mean that after acquiring a lave woman and before having intercoure with her, a waiting period i oberved to determine whether he i pregnant or not.

If a peron ha purchaed a lave girl, or he wa gifted to him, or obtained through captivity, and he i capable of intercoure, then having intercoure with her and benefiting from her i forbidden until he become pure from mentruation.

The Meenger of Allah, peace be upon him, aid:

" من كان يؤمن بالله واليوم الآخر فلا يسقي ماءه زرع غيره "

“Whoever believe in Allah and the Hereafter, it i not appropriate for him to give water to omeone ele' field.”

Reference: Jami' at-Tirmidhi, Marriage, Chapter on the man who buy a lave girl while he i pregnant with the phrae "وَلدَ غَيْرِهِ" (gave birth to another' child), Hadith 1131; Munad Ahmad 4/108; unan Abi Dawood, Marriage, Chapter on intercoure with captive, Hadith 2158

And in another narration:

"لَا تُوطَأُ حَامِلٌ حَتَّى تَضَعَ "

“Do not have intercoure with a pregnant (lave girl) until he give birth.”

Reference: unan Abi Dawood, Marriage, Chapter on intercoure with captive, Hadith 2157

If the lave girl i pregnant, her purity (itibra) will be after childbirth, becaue the command of Allah Almighty i general:

"وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ ۚ "

“And the waiting period of pregnant women i until they deliver their burden.”

Reference: At-Talaq 65/4

And if he i not pregnant and mentruate, then one mentruation i ufficient for cleaning the womb. Regarding captive women in bondage, the Meenger of Allah, peace be upon him, aid:

"لَا تُوطَأُ حَامِلٌ حَتَّى تَضَعَ وَلَا غَيْرُ ذَاتِ حَمْلٍ حَتَّى تَحِيضَ حَيْضَةً"

"Do not have intercoure with a pregnant woman until he give birth, and do not have intercoure with a non-pregnant woman until he ha had one mentruation."

Reference: unan Abi Dawood, Marriage, Chapter on Intercoure with Captive, Hadith: 2157, Munad Ahmad: 3/62.87

If the lave woman ha depaired of mentruation, or i o young that mentruation ha not yet tarted, then wait for one month, a thi i equivalent to one mentruation.

The widom of cleaning the womb i clear from the Prophet’, peace be upon him, tatement:

" من كان يؤمن بالله واليوم الآخر فلا يسقي ماءه زرع غيره "

"A peron who believe in Allah and the Hereafter hould not give hi water to another’ field."

Reference: Jami` at-Tirmidhi, Marriage, Chapter on a man buying a lave girl who i pregnant, wording "gave birth to another’ child," Hadith 1131, Munad Ahmad 4/108, unan Abi Dawood, Marriage, Chapter on Intercoure with Captive, Hadith 2158

Meaning, the purpoe i to avoid mixing of fluid and confuion in lineage.

Rule of Breatfeeding​

Allah Almighty mentioned the prohibition and aid:

"وَأُمَّهاتُكُمُ اللَّاتِي أَرْضَعْنَكُمْ وَأَخَواتُكُمْ مِنَ الرَّضاعَةِ"

“And your mother who have uckled you, and your milk-iter (are alo forbidden to you).”

Reference: An-Nia: 4/23

And the Meenger of Allah (peace be upon him) aid:

" يَحْرُمُ مِنْ الرَّضَاعِ مَا يَحْرُمُ مِنْ النَّسَبِ "

“Women who become forbidden through uckling are the ame a thoe forbidden by blood relation.”

Reference: ahih al-Bukhari, Al-hahadat, Chapter on Tetimony Regarding Lineage and uckling... Hadith 2645; ahih Mulim, Al-Rida’ Chapter on Prohibition of uckling from a Fertile Man’ Milk, Hadith 1445

And in another narration it i tated:

"يحرم من الرضاعة ما يحرم من الولادة"

“Women become forbidden through uckling a they are forbidden by birth.”

Reference: ahih al-Bukhari, Al-Nikah, Chapter on What i Permiible Regarding Intercoure and Looking at Women in uckling? Hadith 5239; ahih Mulim, Al-Rida’ Chapter on What i Forbidden by uckling a Forbidden by Birth, Hadith 1444

The literal meaning of uckling (Rida’ah) i: a child drinking milk from a woman’ breat.
The Ilamic legal meaning i: a child under two year of age drinking milk from a woman at leat five time.

The ruling of uckling regarding marriage, ecluion, being mahram, and looking at the woman i the ame a that of blood relation.

There are two condition for etablihing uckling:

① The child mut have uckled from a woman at leat five time. ayyida Aiha (may Allah be pleaed with her) aid:

" كَانَ فِيمَا أُنْزِلَ مِنَ الْقُرْآنِ: عَشْرُ رَضَعَاتٍ مَعْلُومَاتٍ يُحَرِّمْنَ، ثُمَّ نُسِخْنَ، بِخَمْسٍ مَعْلُومَاتٍ، فَتُوُفِّيَ رَسُولُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ، وَهُنَّ فِيمَا يُقْرَأُ مِنَ الْقُرْآنِ "

“The firt ruling revealed in the Holy Quran wa that uckling from a woman ten time etablihe milk kinhip, then the ruling of five time uckling wa revealed which abrogated the firt ruling. When the Meenger of Allah (peace be upon him) paed away, thi ruling wa in effect.”

Reference: ahih Mulim, Kitab al-Rida’ah, Chapter on the prohibition by five uckling, Hadith: 1452

The ruling that milk kinhip i etablihed by uckling five time remain, even though the recitation ha been abrogated.

② Thee five or more uckling mut occur when the child i under two year of age. Allah Almighty aid:

"وَالْوَالِدَاتُ يُرْضِعْنَ أَوْلَادَهُنَّ حَوْلَيْنِ كَامِلَيْنِ لِمَنْ أَرَادَ أَن يُتِمَّ الرَّضَاعَةَ ۖ "

“Mother hall breatfeed their children for two full year, for thoe who wih to complete the nuring period.”

Reference: Al-Baqarah: 2/233

And the Meenger of Allah (peace be upon him) aid:

"لَا يُحَرِّمُ مِنْ الرِّضَاعَةِ إِلَّا مَا فَتَقَ الْأَمْعَاءَ فِي الثَّدْيِ وَكَانَ قَبْلَ الْفِطَامِ"

“Milk kinhip doe not become etablihed until the milk ha reached the intetine, and thi occur before the age of weaning.”

Reference: Jami’ at-Tirmidhi, Kitab al-Rida’ah, Chapter on what wa mentioned about milk kinhip not being etablihed before two year of age, Hadith: 1152

A "radha" mean that the child tart uckling milk from the breat, then top on their own, whether to breathe or to move to the other breat. Thi will be counted a one time. If the child uckle again in the ame way, it will be counted a the econd time, even if it i in the ame itting. ince the hariah ha not pecified a limit for "radha," cutomary practice i conidered valid.

If a woman deliver her milk to the child' tomach through any other mean beide the breat, then breatfeeding will till be etablihed, provided it happen five time, becaue the purpoe i to deliver nourihment.

When a woman ha fed a child under two year of age five or more time, that child will be conidered her child in term of breatfeeding. Marriage with her will be forbidden for that child, and it will be permiible to look at her and be in ecluion with her, becaue Allah Almighty ha aid:

"وَأُمَّهَاتُكُمُ اللاَّتِي أَرْضَعْنَكُمْ"

“Your mother who have breatfed you (are alo forbidden for you).”

Reference: An-Nia:4/23

However, in thi milk kinhip, all thoe ruling that are etablihed through blood relation will not be applicable, uch a maintenance, inheritance, participation in blood money, or guardianhip; becaue blood relation i tronger than milk kinhip. Only thoe ruling will be etablihed which have been explicitly tated in the haria.

Jut a the woman who breatfeed the child will be the milk mother of the child, imilarly, the owner of that milk, i.e., her huband or mater, will be the milk father, becaue the milk ha come into hi marriage or ownerhip. Therefore, the rule of prohibition (mahram) will alo apply to him.

The relationhip that are forbidden in blood relation are alo forbidden in milk kinhip. Thu, the milk mother' father, grandfather, children, mother, maternal grandmother, iter, paternal uncle, paternal aunt, maternal uncle, maternal aunt—all are mahram to the one who ha been breatfed. imilarly, all the mahram relation of the milk father will alo be forbidden to him.

If anctity i etablihed for a child, thi anctity will alo extend to the child' offpring and their decendant. However, thi anctity doe not apply to the child' ancetor, i.e., parent and higher relative, nor to the child' collateral relative uch a ibling. Therefore, the child' biological ibling will not become mahram to the foter mother or foter father.

If a woman ha had intercoure through falehood or adultery and then breatfed the child, the child will be attributed only to the woman who breatfed, not to the man, becaue if he i not the father in lineage, he will not be conidered o in foterage either, a foterage i a branch of lineage.

Drinking the milk of an animal doe not etablih anctity; for example, if a boy and a girl have drunk milk from the ame animal, their marriage to each other will not be prohibited.

If a woman’ milk come down without intercoure and childbirth, and a child drink it, there i a difference of opinion among cholar regarding whether prohibition i etablihed from that. One opinion i that prohibition i not etablihed becaue it i not real milk but merely moiture. The econd opinion i that prohibition i etablihed, and thi i the view of Imam Ibn Qudamah, may Allah have mercy on him, and other.

Breatfeeding can be etablihed through the tetimony of a woman, provided he i honet, truthful, and well-known. heikh al-Ilam Ibn Taymiyyah, may Allah have mercy on him, tate that if a woman i known for truthfulne and ay that he breatfed o-and-o five time, then her tatement will be accepted and breatfeeding will be etablihed.

Reference: Majmoo’ al-Fatawa: 34/52

If there i doubt about whether breatfeeding occurred, did not occur, or wa completed five time, and there i no clear evidence, then prohibition will not be etablihed, becaue the original aumption i that milk wa not drunk. And Allah know bet.

Ruling on the Right of Upbringing​

The literal meaning of cutody i: nurturing and taking into one' lap. The hariah meaning i to protect a child or a peron under a child' guardianhip, uch a omeone mentally challenged or inane, from harm, and to raie and train them while conidering their phyical and piritual welfare.

The widom behind the right of upbringing i that a child or a peron under a child' guardianhip cannot take care of their own interet, therefore they need a guardian who protect them, look after their benefit, prevent harm, and provide good training.

Ilamic hariah ha laid down principle for the care and upbringing of uch individual becaue they are epecially deerving of mercy, compaion, and kindne. If they are left unattended, they will be lot, and our religion forbid letting them perih. Upbringing i both the right of the child under cutody and the reponibility of cloe relative.

Order of the Right of Cutody​

① The greatet right to raie a child belong to the mother. Ibn Qudamah, may Allah have mercy on him, tate that when a huband and wife eparate and they have a young child or an older but mentally immature child, the mother i more entitled, provided the condition of cutody are met. Imam Malik and the companion of opinion hold the ame view, and there i no known oppoition to thi.

Reference: Al-Mughni wal-harh al-Kabir: 9/299,300

If the mother marrie omeone ele, her right to cutody will be forfeited. A woman aid to the Meenger of Allah, peace and bleing be upon him: O Meenger of Allah! Thi i my on; I carried him in my womb, nured him with my breat, raied him in my lap, and now hi father want to take him from me. The Prophet, peace and bleing be upon him, aid:

"أنْتِ أَحَقُّ بِهِ مَا لَمْ تَنْكِحي"

“You are entitled to keep the child a long a you do not marry another man.”

Reference: unan Abi Dawood, Divorce chapter, Hadith 2276; Munad Ahmad: 2/182

The preference for the mother i becaue he i more compaionate, cloer, more patient, and more aware of the child' need. ayyiduna Ibn Abba رضي الله تعالى عنه aid: "For the child, the mother' cent, her bed, and her lap are better for you until he grow up and chooe for himelf."

Reference: abil al-alam Bab al-Hadanah: 3/1562. Under Hadith: 1079

haykh al-Ilam Ibn Taymiyyah رحمه الله عليه tate that women are more merciful toward young children, more capable of feeding and nurturing them, and more patient with hardhip; therefore, the mother i given precedence in the cutody of the child.

Reference: Majmoo' al-Fatawa: 17/216

② If the mother' right i lot for ome reaon, then the maternal grandmother, then the great-grandmother, and the mother above them are entitled to thi right becaue they are the ubtitute for the mother.

③ After that, the child' father will be entitled, becaue the original lineage i from him and he i the cloet male relative.

④ If the father i alo not preent or hi right i terminated, then the grandmother, then the great-grandmother will have the right, becaue their relation i from the father' ide, and the grandmother take precedence over the grandfather jut a the mother doe over the father.

⑤ After that, the grandfather, then the great-grandfather.

⑥ Then the grandfather' mother, and whoever i cloer will take precedence over the one who i farther.

⑦ Then the child' iter. Among them, the full iter take precedence, then the maternal iter, then the paternal iter. ome cholar have given preference to the paternal iter over the maternal iter.

⑧ Then the maternal aunt, becaue the Prophet ﷺ aid:

"الْخَالَةُ بِمَنْزِلَةِ الْأُمِّ "

“The maternal aunt i in the rank of the mother.”

Reference: ahih al-Bukhari, Al-ulh, Chapter: How to write thi: The good of o-and-o on of o-and-o and o-and-o on of o-and-o...? Hadith 2699

Among them, the full maternal aunt, then the maternal, then the paternal maternal aunt.

⑨ Then paternal aunt. heikh al-Ilam Ibn Taymiyyah, may Allah have mercy on him, aid that the paternal aunt take precedence over the maternal aunt, and relative on the father' ide take precedence over relative on the mother' ide, becaue the original guardianhip i with the father. In the cae of Hamzah, may Allah be pleaed with him, the paternal aunt wa given precedence becaue the maternal aunt did not make any claim.

Reference: Majmoo' al-Fatawa: 34/122-123

⑩ Then niece (on' daughter)
⑪ Then niece (brother' daughter)
⑫ Then daughter of paternal uncle
⑬ Then daughter of paternal aunt
⑭ Then, in order, the remaining agnate: brother, their on, paternal uncle, their on, etc.

If the child i a girl, the condition for the man who take cutody i that he mut be her mahram; otherwie, he hould be entruted to a trutworthy peron.

Barrier to the Right of Cutody​

① lavery i a barrier to cutody becaue a lave cannot be a guardian, and the benefit belong to hi mater.

② A inful and immoral peron i not qualified for cutody becaue he i not trutworthy and may corrupt the child' religion.

③ A dibeliever cannot become the guardian of a Mulim child, becaue their harm i even greater than that of a inner, and they can raie the child in dibelief.

Reference: In the 1990, erb Chritian terrorit committed genocide againt Mulim in Bonia Herzegovina, leaving thouand of children orphaned. During thi time, NATO troop arrived there for "peacekeeping," and Chritian NGO and miionary organization took thouand of orphaned Mulim children to variou European countrie where they were converted to Chritianity. In other region a well, countle Mulim children have fallen prey to Chritian miionarie. Thi i a tragedy and a matter for eriou reflection. Ilamic countrie, epecially the Organization of Ilamic Cooperation, bear the reponibility to etablih intitution for the education and upbringing of orphaned and abandoned Mulim children in an Ilamic environment o that the offpring of Mulim can be aved from the trap of Chritianity in all it form. (Mohin Farani)

④ If a woman marrie a man who i a tranger to the child, then he will no longer be eligible for cutody, becaue the Meenger of Allah, peace be upon him, aid:

"أنْتِ أَحَقُّ بِهِ مَا لَمْ تَنْكِحي"

“You are entitled to take the child a long a you do not marry another man.”

Reference: unan Abi Dawood, Divorce, Chapter: Who ha the right to the child? Hadith 2276, Munad Ahmad: 2/182

However, if he ha married a relative of the child, hi right will not be forfeited.

⑤ If thee impediment are removed, for example, if a lave i freed, a inner repent, a dibeliever become Mulim, or the woman i divorced, then the right of cutody will be regained.

Cutody in Cae of Travel​

If one of the parent undertake a long journey with the intention of permanent reidence, and the purpoe i not harmful, and the route and place are afe, then the child will tay with the father, whether the father i traveling or reiding, becaue the reponibility of upbringing, uperviion, and teaching manner primarily lie with the father.

If the journey i hort, meaning not long enough to require a permanent reidence, and the purpoe i to tay there temporarily, then cutody will be with the mother, becaue he can provide better care and the father' uperviion will till be poible.

If the journey i for a temporary neceity, or the route i dangerou, or the detination i unafe in term of ecurity, then cutody will remain with the reident, whether the father or the mother, becaue there i a fear of harm to the child.

Imam Ibn Qayyim, may Allah have mercy on him, tate that if the father ue a trick to deprive the mother of her right of cutody, for example, by chooing to travel o that the child come with him, thi i againt the hariah.

Reference: I'lam al-Muwaqqi'in: 3/257

And the Prophet Muhammad (peace be upon him) aid:

"مَنْ فَرَّقَ بَيْنَ وَالِدَةٍ وَوَلَدِهَا فَرَّقَ اللَّهُ بَيْنَهُ وَبَيْنَ أَحِبَّتِهِ يَوْمَ الْقِيَامَةِ"

“Whoever eparate a mother and her child, Allah will eparate him from hi loved one on the Day of Reurrection.”

Reference: Jami' at-Tirmidhi, Al-Buyu', Chapter on the dilike of eparation between ibling or between mother and her child in ale, Hadith 1283

The Prophet (peace be upon him) alo forbade elling the mother and child eparately, o how can eparation be permiible through trickery? Ibn Qayyim, may Allah have mercy on him, ha extenively dicued thi.

Reference: I'lam al-Muwaqqi'in 3/257,258

Choice of the Child​

When the child reache the age of even, he will have the right to chooe between either of the parent, becaue at thi age he i enible. Thi wa the deciion of the Rightly Guided Caliph, Hazrat Umar and Hazrat Ali (may Allah be pleaed with them). It i narrated from ayyiduna Abu Hurairah (may Allah be pleaed with him) that a woman aid that her huband wanted to take the child from her, o the Prophet (peace be upon him) aid to the child:

"هَذَا أَبُوكَ وَهَذِهِ أُمُّكَ ، فَخُذْ بِيَدِ أَيِّهِمَا شِئْتَ " ، فَأَخَذَ بِيَدِ أُمِّهِ فَانْطَلَقَتْ بِهِ"

“(O child!) Thi i your father and thi i your mother, o hold the hand of whichever you want to hold.” Accordingly, he took the mother’ hand and he took him.”

Reference: unan Abi Dawood, Divorce, Chapter: Who ha the right over the child, Hadith 2277

Thi right will be applicable only when:
① Both parent are fit for cutody.
② The child i enible. If the child i mentally deficient, he will remain with the mother.

If the child i given to the father’ cutody, he will tay with him day and night o that the father can upervie and educate him, but the father hould not prevent him from meeting the mother. If the mother i given cutody, the child will tay with the mother at night and with the father during the day o that the father can continue education and training. If no one i given cutody, then it will be decided by drawing lot.

A for a even-year-old girl, he will tay with the father until he get married, becaue the father can protect and upervie her better. However, the mother will not be prevented from meeting the daughter, provided there i no harm in it. If the father i unable to provide protection or i negligent and the mother i more uitable, then the girl will tay with the mother. heikh al-Ilam Ibn Taymiyyah, may Allah have mercy on him, tate that the apparent opinion of Imam Ahmad and hi companion i the ame.

Reference: Majmoo’ al-Fatawa by heikh al-Ilam Ibn Taymiyyah, 34/132

And Allah know bet.

tatement on the Wife’ Maintenance and Expene​

In the dictionary, Nafaqah mean the money pent, uch a dirham, dinar, and imilar wealth. In Ilamic terminology, Nafaqah mean providing food, drink, clothing, helter, and neceitie of life to the peron whoe maintenance i obligatory.

Firt and foremot, the wife’ Nafaqah i obligatory on the man, meaning providing her with uitable food, drink, clothing, and helter. Allah Almighty aid:

"لِيُنْفِقْ ذُو سَعَةٍ مِنْ سَعَتِهِ "

“Let the one who i generou pend from hi generoity.”

Reference: At-Talaq:7/65

And He aid:

"وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ ۚ "

“And women have right imilar to thoe againt them, according to what i reaonable.”

Reference: Al-Baqarah:2/228

And the Meenger of Allah, peace and bleing be upon him, aid:

"وَلَهُنَّ عَلَيْكُمْ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ"

“It i obligatory upon you to provide your wive with food, Nafaqah, and uitable clothing.”

Reference: ahih Mulim, Hajj, Chapter: The Prophet’ Hajj, Hadith 1218; unan Abi Dawood, Al-Manaik, Chapter: Decription of the Prophet’ Hajj, Hadith 1905

haykh al-Ilam Ibn Taymiyyah, may Allah have mercy on him, ay regarding Allah’ tatement:

"وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ ۚ "

All right and reponibilitie related to the wife are included, and they depend on cutom, meaning thoe thing which people generally conider known and neceary in everyday life.

Reference: Majmoo' al-Fatawa by haykh al-Ilam Ibn Taymiyyah 17/193. Adapted

If there i a dipute between the huband and wife regarding maintenance, the judge will determine the wife' maintenance by conidering the financial tatu of one or both of them.

If the woman i the wife of a wealthy man, he will receive maintenance, clothing, reidence, houehold item, and furnihing of the ame tandard a women of her tatu in that ociety. If the woman i poor and the huband i alo poor, or both are of middle tatu, then he will receive neceitie according to the huband' tatu. And if the woman i wealthy and the huband i poor, or vice vera, then a middle tandard will be adopted.

Along with food, clothing, and reidence, it i alo obligatory upon the huband to provide neceary item related to the woman' peronal hygiene, uch a oil, oap, drinking water, and water for purification.

Thi all applie a long a the woman i married to her huband. If the huband ha divorced her, then if the divorce i revocable, her maintenance and reidence during the waiting period (iddah) remain obligatory upon the huband, becaue he i till conidered a wife. Allah Almighty ha aid:

"وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَٰلِكَ"

“And their huband have more right to take them back.”

Reference: Al-Baqarah: 2/228

And if the woman ha been given an irrevocable divorce (talaq ba'in), then he will not receive maintenance or reidence from the huband. When Hazrat Fatimah bint Qai (may Allah be pleaed with her) wa given an irrevocable divorce by her huband, the Meenger of Allah (peace be upon him) aid:

"لاَ نَفَقَةَ لَكِ وَلاَ سُكْنَى"

“You will neither receive maintenance nor reidence.”

Reference: ahih al-Bukhari, Talaq, Chapter: The cae of Fatimah bint Qai, Hadith 5323, 5324; ahih Mulim, Talaq, Chapter: The irrevocable divorce, no maintenance for her, Hadith 1480, and the wording i hi

Allama Ibn Qayyim (may Allah have mercy on him) tate that thi i the correct hadith, in accordance with the Book of Allah and analogy, and thi i alo the doctrine of the jurit of the later period.

Reference: I'lam al-Muwaqqi'in 3/321

However, if the irrevocably divorced woman i pregnant, then he will receive maintenance, becaue Allah Almighty ha aid:

"وَإِنْ كُنَّ أُولَاتِ حَمْلٍ فَأَنْفِقُوا عَلَيْهِنَّ حَتَّىٰ يَضَعْنَ حَمْلَهُنَّ"

“If he i pregnant, then continue to provide maintenance until he deliver.”

Reference: At-Talaq:5.65

And He aid:

"أَسْكِنُوهُنَّ مِنْ حَيْثُ سَكَنتُم مِّن وُجْدِكُمْ "

“Keep thoe women with you according to your mean wherever you live.”

Reference: At-Talaq 6/65

And in the narration of Hazrat Fatimah bint Qai (RA):

"لَا نَفَقَةَ لَكِ ، إِلَّا أَنْ تَكُونِي حَامِلًا "

“There i no maintenance for you, except if you were pregnant, then you would definitely receive maintenance.”

Reference: unan Abi Dawood, Talaq, Chapter on Maintenance of the Pregnant Woman, Hadith 2290

The reaon i that the fetu i the huband' child, and the maintenance of the child i obligatory upon the father, which will be fulfilled by pending on it mother. Ibn Qudamah (may Allah have mercy on him) tate that there i conenu among the cholar on thi matter; the only difference i whether thi maintenance i the right of the fetu or of the pregnant woman due to the pregnancy.

Reference: Al-Mughni wal-harh al-Kabir 9/292

ituation in which the wife i deprived of maintenance​

① When the woman i prevented from going to her huband, then maintenance i not the huband' reponibility, becaue the benefit for which maintenance wa given i not being obtained.

② When a woman become diobedient, for example, if he doe not come to her huband' bed, or doe not live appropriately with her huband, or goe out of the houe without hi permiion, then her right to maintenance i upended.

③ If a woman goe on a journey for her peronal matter, he will alo not receive maintenance, becaue he ha ditanced herelf from her huband for a reaon originating from herelf.

If the huband die, the woman will not receive maintenance from the huband' inheritance, becaue the property ha tranferred to the heir. Now he will bear her own expene, or if he become needy, her guardian will provide for her.

However, if the woman i pregnant and the huband die, he will receive maintenance for the duration of the pregnancy, provided the huband left behind wealth; otherwie, the wealthy heir will bear the expene of the pregnancy.

If the huband and wife agree on a pecific amount or value for maintenance, or agree to cah, credit, horter or longer duration, it i permiible, becaue it i their mutual right. But if there i a diagreement, the daily expene hould be given in the morning. If they agree to give in the form of grain, that i alo permiible.

It i obligatory on the huband to arrange the clothing for the entire year at the beginning of the year.

If the huband diappear and leave nothing for the wife, or i preent but doe not provide maintenance, then the expene for all the pat day will remain hi reponibility, whether he i rich or poor, becaue thi i a mandatory right upon him and doe not lape with the paage of time.

The huband become obligated to provide maintenance to the wife from the moment the woman urrender herelf to him. If the huband i unable to provide maintenance, the woman will have the right to annul the marriage, becaue the Meenger of Allah, peace be upon him, aid about the peron who cannot provide maintenance to hi wife:

"يفرق بينهما"

“eparate them.”

Reference: Al-unan al-Kubra by Al-Bayhaqi 7/469-470

And Allah Almighty aid:

"فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ۗ "

“Either retain them in kindne or releae them in kindne.”

Reference: Al-Baqarah: 2/229

Keeping the wife without providing maintenance i not included in "holding with kindne" (imak bima'ruf).

If the huband i wealthy but diappear, leaving no maintenance for the wife, and the wife i unable to take from hi wealth or borrow in hi name, then with the permiion of the ruler, he will have the right to annul the marriage. And if the wife come into poeion of the huband' wealth, he may take according to her need. The Meenger of Allah, peace be upon him, aid to ayyida Hind, may Allah be pleaed with her:

"خُذِي مَا يَكْفِيكِ وَوَلَدَكِ بِالْمَعْرُوفِ "

“You may take a much a uffice you and your children in a proper manner.”

Reference: ahih al-Bukhari, Al-Nafaqat, Chapter: When a man doe not pend, Hadith 5364

All thee ruling indicate the perfection of the Ilamic hariah, which teache giving every rightful peron their due right. Thi i the reaon why thi hariah i uperior to all other law. Allah punihe thoe who abandon it and adopt ignorant law. Allah Almighty aid:

"أَفَحُكْمَ الْجَاهِلِيَّةِ يَبْغُونَ ۚ وَمَنْ أَحْسَنُ مِنَ اللَّهِ حُكْمًا لِّقَوْمٍ يُوقِنُونَ "

“Do they then deire the judgment of ignorance? And who i better in judgment than Allah for a people who have firm faith.”

Reference: Al-Ma'idah: 5/50

tatement on Providing Food and Maintenance to Relative and lave​

Here, relative mean thoe cloe kin who are heir in the capacity of a wajib al-fard or aaba, and mamluk refer to lave, maidervant, animal, etc.

pending on relative become obligatory when thee condition are met:

① They may be direct or collateral relative, uch a parent, grandfather, great-grandfather, children, grandchildren, granddaughter, etc.
② The peron on whom the expenditure i being made hould be poor, or hould not have ufficient wealth, and hould not have the ability to earn.
③ The one who i pending hould be wealthy, meaning he ha wealth beyond the need of himelf, hi family, and hi dependent.
④ Both hould hare the ame religion.
⑤ If the peron i neither from the children nor from the ancetor, then an additional condition i that the pender hould alo be hi heir.

It i obligatory to pend on parent according to their need. Allah Almighty ha aid:

"وَبِالْوَالِدَيْنِ إِحْسَانًا ۚ "

“And be kind to parent.”

Reference: Al-An'am 16:15

pending on parent fall under good treatment, indeed it i a great kindne.

imilarly, it i alo obligatory for parent to pend on their children. Allah Almighty ha aid:

"وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ"

“And the father i reponible for providing them (their mother) with food and clothing according to cutom.”

Reference: Al-Baqarah 2:233

The reponibility of parent to provide for their children i according to their ability and cutom; neither extravagance nor tingine i allowed. The Meenger of Allah, peace be upon him, aid to ayyida Hind, may Allah be pleaed with her:

"خُذِي مَا يَكْفِيكِ وَوَلَدَكِ بِالْمَعْرُوفِ "

“You may take from your huband' wealth a much a i appropriate and ufficient for you and your children.”

Reference: ahih al-Bukhari, Al-Nafaqat, Chapter: If a man doe not pend, Hadith 5364

If a peron ha cloe relative who are poor and for whom he i an heir, then it i obligatory upon him to fulfill their need according to hi ability. Allah Almighty aid:

"وَعَلَى الْوَارِثِ مِثْلُ ذَٰلِكَ ۗ "

“The heir alo ha a imilar reponibility.”

Reference: Al-Baqarah: 2/233

Thi alo include maintaining kinhip tie, which Ilam greatly emphaize. Allah Almighty aid:

"وَآتِ ذَا الْقُرْبَىٰ حَقَّهُ"

“And keep up the tie of kinhip.”

Reference: Bani Ira'il: 26/17

A man aked the Meenger of Allah, peace be upon him, who i mot deerving of my good treatment? He, peace be upon him, aid:

"أُمَّكَ وَأَبَاكَ, وَأُخْتَكَ وَأَخَاكَ "

“Your mother, your father, your iter, and your brother.”

Reference: unan Abi Dawood, Al-Adab, Chapter: On kindne to parent, Hadith 5140

And He aid:

"وَابْدَأْ بِمَنْ تَعُولُ: أُمَّكَ وَأَبَاكَ, وَأُخْتَكَ وَأَخَاكَ, ثُمَّ أَدْنَاكَ أَدْنَاكَ"

“tart with thoe whom you are reponible to provide food and maintenance for, that i, your mother, your father, your iter, and your brother, then after that give to the cloe relative.”

Reference: unan an-Naa'i, Zakat, Chapter: Giving the Upper Hand, Hadith 2533

It i obligatory on the father to bear the full expene of hi children alone. Thi i clear from the Hadith of ayyida Hind (may Allah be pleaed with her) and the vere:

"وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ بِالْمَعْرُوفِ"

Reference: Al-Baqarah: 2/233

And Allah Almighty aid:

"فَإِنْ أَرْضَعْنَ لَكُمْ فَآتُوهُنَّ أُجُورَهُنَّ ۖ "

“If they breatfeed your children by your wih, then give them their due payment.”

Reference: At-Talaq: 65:6

From thi, it i evident that the cot of the child' breatfeeding i alo the reponibility of the father, not the mother.

If a poor peron ha everal wealthy relative and among them there i no father, then all of them will pend on him in proportion to the hare they inherit. Allah Almighty aid:

"وَعَلَى الْوَارِثِ مِثْلُ ذَٰلِكَ"

“The heir alo ha the ame reponibility.”

Reference: Al-Baqarah: 2/233

For example, if a peron' grandmother and full brother are wealthy, then the grandmother will pay one-ixth and the brother will pay the remaining part, becaue thi i the ame proportion a in inheritance.

A far a the maintenance and clothing of lave, maidervant, and animal are concerned, all of thi i the reponibility of their mater. The Meenger of Allah, peace be upon him, aid:

"لِلْمَمْلُوكِ طَعَامُهُ وَكِسْوَتُهُ بِالْمَعْرُوفِ , وَلا يُكَلَّفُ مِنَ الْعَمَلِ مَا لا يُطِيقُ "

“The food and clothing of a ervant are the reponibility of hi mater in a cutomary manner, and no burden beyond hi capacity hould be placed upon him.”

Reference: ahih Mulim, Al-Iman, Chapter: Food of the ervant from what he eat, Hadith 1662; Munad Ahmad 2/247, wording a above

And in the narration of ayyiduna Abu Dharr, may Allah be pleaed with him, the Meenger of Allah, peace be upon him, aid:

"إِخْوَانُكُمْ خَوَلُكُمْ جَعَلَهُمُ اللَّهُ تَحْتَ أَيْدِيكُمْ، فَمَنْ كَانَ أَخُوهُ تَحْتَ يَدِهِ فَلْيُطْعِمْهُ مِمَّا يَأْكُلُ، وَلْيُلْبِسْهُ مِمَّا يَلْبَسُ، وَلاَ تُكَلِّفُوهُمْ مَا يَغْلِبُهُمْ، "

“Your ervant are your brother whom Allah ha put under your authority. If you have a brother under your authority, then feed him with what you eat and clothe him a you clothe yourelf, and do not burden them with tak that are beyond their capacity.”

Reference: ahih al-Bukhari, Al-Iman, Chapter: in from the matter of ignorance, Hadith 30

Allah Almighty aid:

"قَدْ عَلِمْنَا مَا فَرَضْنَا عَلَيْهِمْ فِي أَزْوَاجِهِمْ وَمَا مَلَكَتْ أَيْمَانُهُمْ"

“We know well what We have appointed for them concerning their wive and maidervant.”

Reference: Al-Ahzab 33:50

If a lave demand marriage, the owner hould either marry him/her off or ell him/her. Allah Almighty aid:

"وَأَنكِحُوا الأَيَامَى مِنْكُمْ وَالصَّالِحِينَ مِنْ عِبَادِكُمْ وَإِمَائِكُمْ"

“Marry thoe among you who are ingle, and the righteou among your male and female lave.”

Reference: An-Nur: 24:32

And if a lave girl alo demand thi due to her natural need, the owner ha the option to either have intercoure with her himelf, marry her off, or ell her.

A peron who own an animal i obliged to provide it with fodder and water and take care of all it neceitie. The Meenger of Allah (peace be upon him) aid:

"عُذِّبَتِ امْرَأَةٌ فِي هِرَّةٍ سَجَنَتْهَا حَتَّى مَاتَتْ فَدَخَلَتْ فِيهَا النَّارَ، لَا هِيَ أَطْعَمَتْهَا وَسَقَتْهَا، إِذْ حَبَسَتْهَا، وَلَا هِيَ تَرَكَتْهَا تَأْكُلُ مِنْ خَشَاشِ الْأَرْضِ"

“A woman wa punihed becaue he tied a cat until it died of hunger; he neither fed it nor let it go to eat the inect of the earth.”

Reference: ahih al-Bukhari, Al-Maāqāt, Chapter on Watering, Hadith 2364, 2365; ahih Mulim, Al-alam, Chapter on Prohibition of Killing Animal, Hadith 2242; Manar al-abeel, Hadith 2182, and the wording i hi

If there i a threat of Hell for cauing harm to a cat, then it i even more o for other animal.

The owner hould not place a burden on the animal beyond it capacity, becaue thi i alo oppreion and harm, and cauing unneceary pain i not permiible in hariah.

imilarly, the animal' milk hould not be milked to the extent that it harm it offpring, becaue the Meenger of Allah, peace be upon him, aid:

" لا ضرر ولا ضرار "

“Do not caue pain nor uffer pain.”

Reference: unan Ibn Majah, Al-Ahkam, Chapter on What i Harmful to Neighbor, Hadith 2340

Curing an animal, hitting it on the face, or difiguring it face i forbidden. And if the owner become unable to meet the need of the animal, he will be compelled to ell it, rent it out, or if it meat i conumed, to laughter it, becaue keeping it hungry and thirty in one' poeion i oppreion, and ending oppreion i neceary.