talak (agama)

Understanding Divorce
What is meant by divorce is the termination of a marital relationship. Repudiation is something disyar'iatkan. And which it is based is the Quran and al-Hadith and ijma '.Divorce Wisdom
From the description of the previous chapters we know some of the concern of Islam to usrah Muslimah (Muslim family) and keselamatanya and the peaceful life in it and we also look at the methods of treatment that Islam syari'atkan to overcome any divisions that emerged amid Muslim usrah, whether caused by one or both spouses.
It's just that, sometimes 'ilaj (therapies and remedies) can not be effective anymore because the rupture is severe and persengketaanya already peaked, so that when it must be traveled' ilaj more, ie divorce.
People who observe the laws contained in the divorce issue will be increasingly powerful, according to Islamic attention to the institutional household and wants Islam for the sake of his eternal relationship between husband and wife. Therefore, when Islam permits divorce, he did not make the chance of divorce dropped only once and then disconnected from current both spouses granted for ever, not the case, but apply it to a few times.
Allah said, "Separations (which can be in rujuki) twice. Once again it may refer to the person who ma'ruf or divorce in a good way. "(Al-Baqarah: 229).
If a man mentalak wife, divorce divorce first or second, then he is not entitled to evict him from his wife before the end of his idahnya, even the wife should not leave the house without the permission of her husband. That is because Islam really wants immediate loss of the anger that fueled the fire of divorce. Then Islam recommends that domestic harmony, can be restored to normal, and this is referred to our Lord in His word, "O Prophet if you divorce your wives, then ye divorce them when they can (face) iddahnya (which is normal) and count the time that waiting period, and fear Allah, your Lord. Do you remove them from their homes and they do not (allowed) out heinous acts unless the light. That's what the laws of God and anyone who violates the laws of God, then surely he has done injustice to itself. You do not know the things of God held after that time a new thing. "(Ath-THALAQ: 1)
That is perhaps the husband's regret over the decision mentalak his wife, and God Almighty in his heart to make a strong desire for reconciliation (back) to him so that so much easier and easier for the process of reconciliation.


Classification Divorces
1. Separations seen from Segi Lafadz
Separations terms of lafadz divided into divorce sharih (explicitly stated) and divorce kinayah (with sarcasm).
Sharih talaq divorce is understood from the meaning of the word when it is expected to, and does not contain any other possible meanings. For example, "You have tertalak and sentenced to divorce. And all the words that come from lafazh THALAQ.
With the above editorial divorce, divorce fell down, either joking, playful or without intention. This conclusion is based on the hadith of Abu Hurairah ra from the Prophet, he said, "There are three things seriously, so seriously and jokes so seriously (too): marriage, divorce, and reconciliation." (Hasan: Irwa-ul Ghalil no: 1826 and Tirmidhi II: 328 no : 1195).
Separations kinayah, is editor of divorce divorce and other means. For example, "Be thou return to the family", and other matters.
With divorce on the above editorial is not the case of divorce, unless accompanied by an intention. So when her husband was with the intention of accompanying words talaq talaq then fell down, and if not then it is not the case of divorce.
From Aisha r.a. said: When the daughter of Al-Jaun was married to the Prophet. and his (then) approached him, he said, "'Auudzubillahi Minka (I seek refuge with Allah from you). So then he said to him, "Truly you have refuge to Essence to Spirit, because it let you join the family." (Saheeh: Saheeh Nasa'i no: 3199, Fathul Bari IX: 356 no: 5254, Nasa'i VI : 150).
Of Ka'b bin Malik ra, when he and two colleagues did not talk by the Prophet, since they did not go with him at the time of the battle of Tabuk, the Messenger of Allah had sent envoys met Ka'b (so that he convey to him), 'Let you are away from your wife! "Then Ka'b said," I have mentalaknya, or what should I do? "he replied," Just stay away, do not ever approach you. "Then Ka'b said, to his wife," Go back you to your family. "(Agreed alaih: Fathul Bari III: 113 no: 4418, Muslim IV: 1120 no: 2769, 'Aunul Ma'bud VI: 285 no: 2187 and Nasa'i VI: 152).
2. Seen from the angle Ta'liq Separations and Tanjiz
Editors sometimes divorce and sometimes shaped shaped Munajazah mu'allaqah.
Editorial munajazah divorce is a divorce statement since the issuance of the statement intended to mentalak speakers, so when it also fell down divorce. For example: He said to his wife: 'You tertalak'.
This munajazah divorce law occurred since then, when spoken by the person concerned and the precise target.
The divorce mu'allaq, ie a fall of divorces husband made dependent on conditions. For example, he said to his wife: If you go to a place, then you are divorced.
Mu'allaq divorce law is if he intends going to drop the divorce when the fulfillment of requirements. Then fell talaknya as he wanted.
As for when referred to by the husband to divorce mu'allaq, is to advocate (for the wife) to do something or leave something or other matters, saying it was an oath. If what ingredients made oath that does not happen, then the husband is not subject to any obligation, and if it occurs, it shall pay kafarah oath.
3. Judging from Segi argument Divorces
Judging from this side to the talaq talaq divided Sunni and divorce bid'i
As is sunni divorce is a husband to divorce his wife who has been dicampurinya once divorce, when his wife was sacred blood of menstruation which at that time he was not to interfere.
Allah says, "Divorce can be referred twice. After that prayer may refer again to the ma'ruf or divorce in a good way. "(Al-Baqarah: 229).
"O Prophet if you're going to divorce your wives, then ye divorce them when they can (face) iddahnya reasonable." (At-THALAQ: 1).
The Prophet explained the verse above as follows:
When Ibn Umar dropped the divorce to his wife who is menstruation, then Umar bin Khattab asked that the Messenger of Allah, then he said, "Tell your son that Ruju '(back) to the wife, then get on the marriage until she was pure from menstruation and menstruation returned and then the second sacred menstruation. Then if he wishes he may divorce her before the divorce. "(Agreed alaih: Fathul Bari IX: 482 no: 5332, Muslim IOI: 1093 no: 1471, 'Aunul Ma'bud VI: 227 no: 2165 and is narrated by Imam lafazh Abu Dawud and Nasa'i VI: 138).
The divorce bid'i divorce is contrary to the provisions of Shariah. For example, a husband and wife mentalak when he was in a state of menstruation, or during holy but he had to interfere when it is or dropping said talaq three times, or in a majlis. For example, 'You divorced three or you divorced, you are divorced, you are divorced.
Divorce law is unlawful and sinful culprit. Thus, if a husband and wife mentalak is menstruation, then keep falling one talaknya. But if it is raj'i divorce, then he was told to refer to his wife and then continue up to the sacred marriage. Then menstruation again, then the second time sacred. And then if he wants to get on her marriage bond, and if he wants, ceraikanlah prior to interfere. As the Holy Prophet commanded Ibn Umar.
As for the argument about the fall of divorce bid'i is narrated by Imam Bukhari:
Spokesman of Sa'id Ibn 'Umar, he said, "She (my wife) counted me a divorce." (Saheeh: Irwa-ul Ghalil no: 128 and Fathul Bari IX no: 5253).
Al-Hafiz Ibn Hajar in Fathul Bari IX: 353 wrote the following:
"Indeed the Prophet. Ibn Umar were ordered to refer to his wife and he also who guide him as to what he wanted to do when he wants mentalak his wife after the second shrine of menstruation. And when Ibn Umar informed, that he had dropped the divorce one wife, then it is likely that the party considers the falling divorce from Ibn Umar that, besides the Prophet is a very, very remote possibility, because in this story many menunjuka gesture commands to, the fall of one's divorce. How could bisea imagined that Abdullah ibn Umar in this case to do something based purely rational, but in which related that the Prophet never angry for the offense?
How could he not bring his discussion of what he was doing in the story? "
Furthermore, al-Hafiz said, "In Musnadnya, Ibn Wahib narrated:
From Ibn Abi Dzi'b that Naf'i had informed him that Ibn Umar ra never divorced his wife who is menstruation. Then Umar asked the Messenger of Allah, then he said, "Command him to Ruju 'to his wife, then get on the sacred marriage to his wife." Then Ibn Abi Dzi'b in this hadith narrated from the Prophet, he said, "That divorce one. "Ibn Abi Dzi'b reported (again) from bin Abi Sufyan Hanzhalah that he heard Salim narrated from his father, from the Prophet about the statement.
Furthermore, al-Hafiz said, "Daruquthni narrated from Yazeed ibn Harun spur of Ibn Abi Ishaq and Ibn Abi Dzi'b both of Naf'i:
Ibn `Umar from the Prophet., He saw. said, "It was one divorce" (Saheeh isnaad Irwa-ul Ghalil VII: 134 and Daruquthani IV: 9 no: 24).
And this is (the obvious) in the disputed issues, then (for us) to follow these texts.

 Three Divorces

 As a husband to divorce his wife with three divorces in one sentence, or in one chamber, then fell one basis narrated by Imam Muslim:
From Ibn Abbas, he said, "Divorce in the period of the Prophet, Abu Bakr and a few years at the time of Caliph Umar triple divorce (once) one fall. Then Umar bin Khattab ra said, "Surely the righteous hurry in deciding matters (thalak), which dahululnya them very carefully. So if we enforce them, then diberlakukanlah it for them. "(Muslom II: 1099 no: 1472).
Umar's opinion is his own ijtihad which aim to realize the benefit of his view, but it should not leave the edicts of the Prophet. and the handle of his companions during the period of Caliph He and She. Completed.

4. Separations Viewed from facet Refer Allow Presence
Repudiation is divided into two raj'i divorce (the husband has the right to refer to it) and talaq bain (no longer the right man to refer to his wife). Separations bain divided into two, namely bainunah shughra and bainunah unsuccessful.
Separations raj'i divorces wife is already didukhul (interference) without receiving a refund the dowry of his wife and the divorce first or second divorce.
Befirman Allah, "Separations (a dirujuki) two KLIA. Once again it may refer to the way a ma'ruf or divorce in a good way. "(Al-Baqarah: 229).
The woman who was raj'i divorces husband has the right to refer and her status as a legitimate wife during the iddah period, and the husband has the right to refer to it at any time during the waiting period and the masses are not required must get pleasure from the wife nor consent of her guardian. Allah says, "Women who divorced ought restraint (waiting) three times quru '. Should not conceal what Allah has created in her womb if they believe in Allah and the Hereafter. And husbands are entitled to refer the waiting period (the end of the waiting period) if they (the husbands) that requires ishlah. "(Al-Baqarah: 228).