ভূমিকা

Shiavault - a Vault of Shia Islamic Books A Brief of Islamic Law Divorce A man who divorces his wife must be adult sane, and should divorce of his own free will, therefore, if someone compels him to divorce his wife, that divorce will be void. It is also necessary that a man seriously intends to divorce; therefore, if he pronounces the formule of divorce jokingly, the divorce will not be valid.

It is necessary that at the time of divorce, wife is pure (Naqiyyah) from Hayd and Nifas, and that the husband should not have had sexual intercourse with her during that per iod of purity. It is valid to divorce a woman even if she is in Haydh or Nifas in the following circumstances: (i) If the husband has not had sexual intercourse with her after marriage. (ii) If it is known that she is pregnant.

And if this fact is not known and the husband divorces her during Haydh, and he comes to know later that she was pregnant, that divorce will be void. (iii) If due to the husband's absence or imprisonment, he is not able to ascertain whether or not she is pure from Haydh or Nifas. But in this case, as an olbigatory precaution, man must wait for at least one month after separation from his wife and then divorce.

If a man wishes to divorce his wife who does not menstruate at all by habit, or because of some disease or suckling a child or taking drug etc., while other women of her age habitually see Haydh, he should refrain from having sexual intercourse with her for three months from the time has had the intercourse, and then divorce her. It is necessary that the formule of divorce is pronounced in correct Arabic, using the word I`àliq; and two just (Adil) persons should hear it.

If the husband wishes to pronounce the formula of divorce hinself and his wife's name is, for example, Fatimah, he should say, Zawjati Fatimah I`àliq (i.e. my wife Fatimah is divorced) and if he appoints another person as his Wakil to pronounce the formula of divorce, the Wakil should say, Zawjatu woman is identified, it is not necessary to mention her name; and if she is present it is enough to point to her and say, Hadhiht I`àliq or say facing her, Anti I`àliq.

And if the husband cannot pronounce divorce in Arabic, or cannot find a Wakil to do so, he can divorce in any language using the words of the same meaning as in Arabic formula. There is no divorce in the case of a woman with whom temporary marriage is contracted, for example, for one month or one year.