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Islam Its Belief and Practices - Radical Truth

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116 ISLAM ITS BELIEFS AND PRACTICES<br />

might happen that if he were to come<br />

upon her unawares he would see parts<br />

of her, the sight of which occasions raj'at;<br />

<strong>and</strong> this not being his intention, he would<br />

give her another divorce, which would<br />

protract her 'iddat.<br />

i~. Talaqu'l-Ba'in, Irrevocable Divorce, when the sen-<br />

•tence signifying divorce is pronounced thnce. If<br />

a man pronounces three divorces upon a wife who<br />

is free, or two upon one who is a slave, she is<br />

not lawful to him until she shall first have been<br />

regularly espoused by another man; who, .having<br />

duly consummated, atterwards divorces her, or<br />

dies, <strong>and</strong> her 'iddat from him be accomplished,<br />

because God has said: "But if he divorces her<br />

(a third time) she shall not be lawful to him after<br />

that, until she marry another husb<strong>and</strong> but if he<br />

divorce her too, it is no crime in them both to<br />

come together again." Sura 2: 230.<br />

This intermediate husb<strong>and</strong>, ~ho makes the marriage<br />

of the former husb<strong>and</strong> to his irrevocably divorced wife<br />

legal again, is called the MulJ.allil, who makes a thing<br />

otherwise unlawful, legal.<br />

Other Modes of Divorce.<br />

Besides Talaqu's-Sunnat <strong>and</strong> Bid'i, there are other<br />

modes of divorce such as :<br />

(1) Tafwigu't-Talaq, or Delegation of Divorce, is when<br />

the husb<strong>and</strong> authorizes his wife either by.clear<br />

words, or in some other way to divorce herself or<br />

charges some other person to do it. This may be<br />

done either by authorization, or by appointing an<br />

agent or by writing a letter. It is comprehended<br />

under three following heads:-<br />

MARRIAGE AND DIVORCE 117<br />

i. IRhtiyar, or option; "Delegation by option"<br />

confers on the wife a power of divorcing<br />

herself; but this right of option is restricted<br />

to the precise place or situation in<br />

which she receives it."<br />

ii. Amruki bayidiki, your business is in your<br />

h<strong>and</strong>s, i. e., you are at liberty. In a delegation<br />

of liberty, divorce takes place<br />

according to the number mentioned by<br />

the wife, independent of the husb<strong>and</strong>'s<br />

intention; <strong>and</strong> the divorce which follows<br />

is irreversible.<br />

"Delegation of liberty may be restricted<br />

to a particular time, or to several different<br />

specified periods of time. And it<br />

is not annulled by the wife's rejection of<br />

it until the time or times mentioned be<br />

fully expired."<br />

iii. Mashiyyat or will: Where a man empowers<br />

his wife to divorce herself in express<br />

terms, the divorce which follows is reversible.<br />

If a man were to say to his<br />

wife, "Divorce yourself," not having any<br />

particular intention, or intending one<br />

divorce, <strong>and</strong> the woman reply, "I have<br />

divorced myself." a single divorce reversible<br />

takes place; <strong>and</strong> if she were to say,<br />

"I have given three divorces," three<br />

accordingly takes place, where such is<br />

the intention of the husb<strong>and</strong>."<br />

(2) Yaminu't-Talaq, or Divorce by Conditional Vow:<br />

"Divorce pronounced with a reference to a future<br />

marriage, takes place upon the occurence of such<br />

marriage. Where a man refers or annexes divorce

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