🌙SAHIH DEEN صحيح دين🌙
Divorce and Waiting Period
Post 029
❌Swearing Oaths - 01❌
Allah Ta’ala states in the Holy Qur’an:
لِّلَّذِينَ يُؤْلُونَ مِن نِّسَآئِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ فَإِنْ فَآؤُوا فَإِنَّ اللّهَ غَفُورٌ رَّحِيمٌ
“For those who swear not to have sexual relations with their wives is a waiting time of four months, but if they return [to normal relations] - then indeed, Allah is Forgiving and Merciful.”
(Al Baqarah - 226)
In relation to the above verse, Mufassir E Shaheer Hazrat Allama Syed Na’eemuddin Muradabaadi writes:
‘During the days of ignorance, it was the habit of men to ask their wives for goods and possessions. If they did not give them what they asked for they would swear an oath not to go near their wives (sexually) for one, two or three years or sometimes even longer than that. The wife would be left stuck as she was not a widow and could not marry anyone else and neither could she seek comfort with the husband that she had.'
Islam destroyed this cruel practice and stipulated a maximum term of four months for those who swore this type of oath. It stated that a person who has sworn such an oath has four months to think about whether it is better to take his wife back or to divorce her. If he decides it is better to keep her and reconciles then the marriage will remain valid and he will have to pay a Compensation (Kaffarah) for the oath that has been broken. If he does not reconcile in this time-frame then the marriage is broken and a non-reconcilable divorce becomes applicable.
(Khazain ul Irfan)
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🌙SAHIH DEEN صحيح دين🌙
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