Divorce in Islam

Ibn_Syena

Peace...
According to the Arabic text that you quoted, brother, this hadeeth says "If any woman asked her husband for a divorce without hardship then the scent of the Garden is forbidden to her." The word "Ba's" ( بَأْسٍ ) means hardship, difficulty, pain, torment, or grievance. It does not mean "reason." Therefore, this hadeeth does not contradict the Bukhaari hadeeth nor does it abrogate it because, as you correctly concluded, Thaabit ibn Qays's wife said that she fears ingratitude (Kufr). She obviously felt she would become ungrateful if her marriage would have continued. The prophet peace be upon him agreed which tells us that he viewed fear of ingratitude as a hardship that justifies divorce.

God knows best.

Jazak Allahu Khyran brother for correcting me

I agree with you brother that there's no contradiction between the 2 Hadiths, I thought that was clear enough. Anyways I found the following fatwa on islamqa.com, and they used the word (reason) too in their translation :).
Ba's doesn't necessarily mean hardship and pain, it can denote harm and hurt according to al mawred dictionary (which is much more slighter than hardship, and can be understood as 'reason' also). Ingratitude can be seen as a reason and not as a hardship though. What I see is that "without a reason" is in such situations where wives try to 'force' or 'bargain' with husband for something, or just 'playing games' if you can understand what I mean, as this can destroy the family, which is one of the most UNWANTED actions in islam. Allah know the best. Anyways here's the fatwa:


Ruling on a Woman Asking for a Divorce from Her Husband

Question:
If a couple differs in their Islamic perceptions. One who grow up in the West and the other in the East. And they quarrel constantly and can't come to an agreement. At what point is talaq considered? Is it wrong for a sister to ask for talaq? Will she be punished on the Day of Judgment? Does the Arsh of Ar-Rahman shake once talaq is asked for? This is what one sister, growing up the West is being told by her husband from the East.
Jazak Allah khayr for your response.

Answer:

All Praises are Due to Allah
The divorce of a Muslimah from her husband is an affair which is loathsome to Allah and not a praise worthy event. This is due to the problems and possible evils. However, if there is a situation in the marriage life taking place between the man and the women, due to a defect or defects in one or both of them, such problems of deen, bad character, sickness, or a defect such as being sterile or similar. Then out of the mercy of Allah, seeking divorce is permissible. In this case, it is okay and there is nothing prohibited in seeking a divorce
The thing which is prohibited is a wife seeking a divorce from her husband for no reason of the shariah. There is serious promise made for seeking a divorce without a valid reason. It is reported in the hadith of the Prophet (peace and blessings of Allah be upon him), "If a women asks her husband for a divorce, for no reason, then the smell of paradise is forbidden for her" (At-Tirmidhi narrated it. He said this is a hasan hadith. Sunnah At-Tirmidhi #118.)
The hadith "marry and do not divorce for verily divorce causes the arsha (throne of Allah) to shake" is also forged and da'eef. (Al Jami As- Sagheer #2429)
Allah knows best.


Islam Q&A
Sheikh Muhammed Salih Al-Munajjid
http://www.islamqa.com/index.php?re...an who asks her husband for divorce with quot;
 

xhina87x

.....!!i!i!
Brothers and sisters, is there anything about the husband giving divorce when he is angry??? What if the husband says divorce three times without any gap??
 

SeSaMe

Calm Member ((^_^))
Brothers and sisters, is there anything about the husband giving divorce when he is angry??? What if the husband says divorce three times without any gap??

Salamo Alaykom ^^

for ur question brother/sis

as I heard,in this situation the husband is forbidden to return his wife again . islam say in this situation the wife must marry another husband first,then she must divorced again for turn to her first husband.

Allah knows

Sorry for my english :girl3:

ReGardS :SMILY206:
 

ShahnazZ

Striving2BeAStranger
Brothers and sisters, is there anything about the husband giving divorce when he is angry??? What if the husband says divorce three times without any gap??

:salam2:,

I just experienced something similar with my parents last year. After visiting an imam, we learned that if the husband issues talaqs in anger they are NOT valid. The proper method of divorce is to issue it three times over a period of three months. Although Imam Shafii stated that talaqs said three times, regardless of state of mind are still valid, Imam Abu Hanifa stated that talaqs issued in a moment of anger are not valid and we were told that in situations like this, it is best to take the benefit of the doubt as NONE of the scholars are wrong.

I hope this helps. Please feel free to research my claims.

:wasalam:
 
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