Islam Its Belief and Practices - Radical Truth
Islam Its Belief and Practices - Radical Truth
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