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On that, Allah's Apostle said (to her). "Will you give back the garden<br />

which your husband had given you (as Mahr)? " She said, "Yes. "<br />

Then the Prophet said to Th; bit, 110 Th; bitl Accept your &ardent and divorce<br />

her once. " 1 The reason for this kind <strong>of</strong> divorce might be the woman's<br />

dislike <strong>of</strong> her husband because <strong>of</strong> his temper, physical appearance<br />

(such as being old, being weak) or being irreligious. when she fears<br />

being disloyal to him. Other cases in which the woman can request<br />

divorce are the husband's absence for a long time in such a way that<br />

nothing is known about him, or when he is sentenced to long<br />

imprisonment. For instance. Ibn al-Musaiyyab said, "If a person<br />

is lost from a file in a battle, his wife should wait for one year<br />

before she remarries. " 2 Also, if the husband maltreats his wife<br />

and there are a lot <strong>of</strong> disputes and disagreements between them to such<br />

an extent that the wife might be harmed as a result <strong>of</strong> that, then the<br />

wife has the equest divorce. Furthermore, if the husband refrains from<br />

providing for her, she can also seek separation. So, Islam protects<br />

the women's rights by giving her the right to separate from her husband<br />

when she feels that she needs it, and it is the duty <strong>of</strong> the husband<br />

to accept her request for separation.<br />

Lea (a kind <strong>of</strong> irrevocable divorce)<br />

4.0<br />

The word Lian means expelling and dismissal. Al-Nawawy stated that<br />

"This kind <strong>of</strong> divorce is called Al-Ll; n because a husband and wife<br />

3<br />

are separated from each other irre9ocably. " When a husband accuses<br />

his wife <strong>of</strong> adultery without any evidence and without four witnesses,<br />

C-<br />

then Lian must'be undertaken. The procedure is as follows:<br />

1. Sahih al-Bukhario Vol. 7. op. cit., P. 149<br />

2. Ibid<br />

0<br />

3. KaMalah. Umar, al-Ziria wa muk; fabatuh, P, 114<br />

0<br />

118

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