ভূমিকা

Shiavault - a Vault of Shia Islamic Books Islamic Laws of Ayatullah Khui Divorce 2507. The man who divorces his wife must be adult and sane and should divorce her of his own free will. Hence, it he is forced to divorce her, the divorce will be void. It is also necessary that the man has an intention of divorcing her. If, therefore, he pronounces the formula of divorce only in jest, the divorce is not valid. 2508.

It is necessary that when a woman is divorced she should be free from menses and lochia. It is also necessary that her husband should not have had sexual intercourse with her during the period of her purity. The details of these two conditions will be given in the succeeding Articles. 2509. It is valid to divorce a woman even if she is in menses and lochia in the following three circumstances: (i) The husband has not had sexual intercourse with her after marriage.

(ii) It may be known that she is pregnant. In case, however, this fact is not known and the husband divorces her during menses, and comes to know later that she was pregnant, the obligatory precaution is that he should divorce her again. (iii) On account of the husband's being absent or under imprisonment, he may not be able to ascertain whether or not she is pure of menses or lochia. 2510.

If a man thinks that his wife has been purified of menses and divorces her, but it transpires later that at the time of divorce she was in the state of menses, the divorce is void. And if he thinks that she is in the state of menses and divorces her, and it is known later that she was pure, the divorce is in order. 2511.

If a person who knows that his wife is in menses or lochia disappears for example if he proceeds on a journey and wishes to divorce her, he should wait till the time women are usually purified of menses or lochia and then divorce her. 2512.

If a man who is absent wishes to divorce his wife and can acquire information as to whether or not his wife is in the state of menses or lochia, although his information may be in the light of her habit of menses or other signs prescribed in law, he should wait for the time women are usually purified of menses or lochia. 2513.

If a man has sexual intercourse with his wife who is pure of menses and lochia and then wishes to divorce her he should wait till she has menstrual discharge again and is purified. However, there is no harm if a woman, who has not completed nine years of her age or is pregnant, is divorced after sexual intercourse.