Islamic Articles,- The Excellence of Dua

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Du‘a is the most powerful weapon of a believer. It can change fate, while no action of ours ever do. It is the essence of ‘Ibadah or worship. With it we can never fail; without it we can never succeed. With all the suffering and disasters Muslims are facing in various parts of the world, the question of Du‘a can be directed to all of us today. It is not that we have forgotten Du‘a completely; we refer to it regularly. But, our ideas and practice regarding Du‘a have become distorted. Often it is reduced to the level of a ritual. It is belittled through actions and sometimes even with words. Almighty Allah says:
وَقَالَ رَبُّكُمُ ادْعُونِي أَسْتَجِبْ لَكُمْ إِنَّ الَّذِينَ يَسْتَكْبِرُونَ عَنْ عِبَادَتِي سَيَدْخُلُونَ جَهَنَّمَ دَاخِرِينَ
“And your Lord proclaimed, “Pray to Me, I will accept; indeed those who stay conceited towards worshipping Me, will enter hell in disgrace.”[Surah al-Ghafir, Verse 60]
The Almighty Allah states:
فَلَوْلا إِذْ جَاءَهُمْ بَأْسُنَا تَضَرَّعُواْ وَلَكِن قَسَتْ قُلُوبُهُمْ وَزَيَّنَ لَهُمُ الشَّيْطَانُ مَا كَانُواْ يَعْمَلُونَ
“So why did they not humbly plead when Our punishment came to them? But their hearts were hardened and the devil made all their deeds appear good to them!”[Surah al-An'am, Verse 43]
..::THE EXCELLENCE OF DU’A::..
There are numerous Ahadith relating to the excellence of Du’a.
HADITH NO. 1
Sayyiduna Rasoolullah SallAllaho Alaihi wa Sallam states that Almighty Allah says:
أنا عندَ ظنِّ عبدي بي
I am as My servant thinks of Me.[Recorded in Bukhari (Hadith 7239), Muslim, Tirmidi, Nisa’i and Ibn Maja on the authority of Sayyiduna Abu Hurayrah]
This means that as a servant imagines or has an opinion concerning Allah, the Merciful Lord accordingly reacts with him. Knowledge and Qudrat is with everything but there is a special proximity of mercy with those who make Du’a to Him. What bigger mercy can a servant ask for than being blessed with the Divine Proximity of the Sublime Lord? Thousands of acceptances and millions of desires and intentions may be sacrificed on such Divine Proximity!
HADITH NO. 2
لَيْسَ شَيءٌ أكْرَمَ عَلَى اللهِ مِنَ الدُّعَاءِ
There is nothing nobler to Allah than Du‘a.[Recorded in Tirmidi, Ibn Maja, Ibn Habban and Hakim narrated by Sayyiduna Abu Hurayrah. Also cited in Tahzib al-Kamil, Vol. 4, Page 309]
HADITH NO. 3
The Prophet of Allah SallAllaho Alaihi wa Sallam narrates from his Lord who says:
يَا ابْنَ آدَمَ إِنَّكَ مَا دَعَوْتَنِي وَرَجَوْتَنِي غَفَرْتُ لَكَ عَلَى مَا كَانَ فِيكَ وَلَا أُبَالِي
Oh the children of Adam! Until such time you invoke Me and have trust and hope in Me, I will continue forgiving your sins no matter what they are, and I do not care of anything (i.e. He is Independent.)[Tirmidi on the narration of Sayyiduna Anas ibn Malik, Hadith 3463]
HADITH NO. 4
The Beloved Habib SallAllaho Alaihi wa Sallam states:
لا تعجزوا في الدعاء ، فإنه لن يهلك مع الدعاء أحد
“Do not get fed up with Supplication, for no one will perish with (continuous) Supplication.”[Narrated by Ibn Habban and Hakim, Sahih Ibn Habban, Hadith 872]
HADITH NO. 5
Sayyiduna Rasoolullah SallAllaho Alaihi wa Sallam states:
الدعاء سلاح المؤمن وعماد الدين ونور السموات والأرض
“Du‘a is a weapon of a Muslim, a Pillar of Deen and the light of the skies and earth.”[Narrated by Hakim from Sayyiduna Abu Hurayrah and Abu Ya’la from Sayyiduna ‘Ali al-Murtudah, Hadith 6163]
HADITH NO. 6
It is narrated that Sayyiduna Rasoolullah SallAllaho Alaihi wa Sallam said:
إِنَّ الدُّعَاءَ يَنْفَعُ مِمَّا نَزَلَ وَمِمَّا لَمْ يَنْزِلْ فَعَلَيْكُمْ عِبَادَ اللَّهِ بِالدُّعَاءِ
“All those calamities and misfortunes that descends and that which will descend in the future can be averted and protected from, by Du‘a. So, Oh servant of Allah! Observe Du‘a!”[Narrated by Tirmidi and Hakim from Sayyiduna ‘Abd Allah ibn ‘Umar, Sunan al-Tirmidi, Hadith 3471]
HADITH NO. 7
It is reported that Sayyiduna Rasoolullah SallAllaho Alaihi wa Sallam said:
و إن البلاء لينزل فيتلقاه الدعاء فيعتلجان إلى يوم القيامة
“When some misfortune descends, the supplication intercepts it and then they both wrestle till Qiyamah.” (i.e. supplication does not allow the misfortune to descend to the earth.)[Reported by Bazar, Tabrani, and Hakim from Umm al-Mu'minin Sayyidah ‘A’ieshah Siddiqah, Mustadrak al-Hakim, Hadith 1813]
HADITH NO. 8
The Habib of Allah SallAllaho Alaihi wa Sallam states:
الدُّعَاءُ مُخُّ العِبَادَةِ
Supplication is the essence of worship.
HADITH NO. 9
It is reported that the Noble Prophet of Islam SallAllaho Alaihi wa Sallam said:
ألا أدلكم على ما ينجيكم من عدوكم ويدر لكم أرزاقكم؟ تدعون اللّه في ليلكم ونهاركم؟ فإن الدعاء سلاح المؤمن
Must I not inform you of the thing which will protect you from your enemy and increase your sustenance? Make Supplication to Allah day and night because Supplication is a weapon of a Mu‘min.[Narrated by Abu Ya’la from Sayyiduna Jabir bin ‘Abdullah, Hadith 6164]
HADITH NO. 10
Sayyiduna Rasoolullah SallAllaho Alaihi wa Sallam states:
مَنْ لَمْ يَسْأَلْ اللَّهَ يَغْضَبْ عَلَيْهِ
Allah casts His Anger on those who do not invoke Him.[Reported by Imam Ahmad, Ibn Abi Shaybah, and Al-Bukhari in Adab al Mufrad, Tirmidi, Ibn Maja and Hakim on the authority of Sayyiduna Abu Hurayrah, Hadith 3295]
Such concepts and meanings are also reported in the Hadith al-Qudsi as follows:
عَنِ النَّبى صَلَى اللهُ عَلَيهِ وَ سَلَّمَ قَالَ قَالَ اللهُ تَعَالى مَن ْ لاَ يَدعُو نِى اَغضَب ُعَلَيهِ
One who does not invoke Me, I will direct My Anger at him. (Allah save us from this!)[Reported by Al-Askari in his Mawa’iz]
Oh Beloved! Supplication is an amazing wealth that Allah I blessed His servants with, and through it gave them honour. There is nothing more effective and powerful in fulfilling needs in desperation besides Du‘as. Likewise, nothing is more potent in removing Bala than Du‘as. A person benefits from five things of a single Du‘a:
1. He is included in the category of ‘Abids (worshippers) because Supplication by nature is ‘Ibadah, in fact, the goal of ‘Ibadah.
2. In supplication one acknowledges one’s inferiority and dependency in relation to the Omnipotent Lord and His Divine mercies.
3. Obedience to the sacred Shari'ah because it has laid great stress in making supplications - and the danger of Divine Anger on those who do not supplicate.
4. It is a great Sunnah of the Prophet SallAllaho Alaihi wa Sallam as he supplicated frequently and ordered others to do the same.
5. It is a deterrent of Bala and achiever of goals as mentioned in the Holy Qur’an. If man seeks security from Allah from calamities, then the Merciful Lord will give it to him. If one seeks a desire to be fulfilled, the Sublime Creator will shower His mercies on him or else blesses him with Thawab in the Akhirah.
The Master of the Sinless, Sayyiduna Rasoollulah SallAllaho Alaihi wa Sallam states:
“A servant’s supplication is never void of three things:
1) either his sins are forgiven,
2) or he benefits in this world,
3) or virtues are accumulated for him in the hereafter.
When the servant will observe this reward (Thawab) accumulated for him in the hereaftr in compensation for that which was not fulfilled in the Duniyah, then he will desire that none of his desires should have been fulfilled in the world, but rather be accumulated for the hereafter.”
This desire and benefit is for him who desires so in this Duniyah when supplicating. It is advised that when making Du‘a, this ethic should be considered seriously.
--
Taken from
aHsan al-Wiyah li Aadab al-Du'a by Imam Naqi Ali al-Qadiri

PUBLISHER The fact that Islamic moral values do not yet rule the world must stir all Muslims

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Islamic Articles,- Importance of Fiqh & Excellence of a Faqih

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Fiqah refers to Islamic Jurisprudence and is the explanation of the Shariah in the light of the Qur’an and Sunnah. There are four well-known schools of Jurisprudence, namely; Hanafi; Shafi’i; Hambali and Maliki. Fiqh plays a very important part in the life of every Muslim. The learned Jurists (Fuqaha) have derived the important rulings of the Shariah based on the commands of Qur’an and Sunnah. The importance of Fiqh and the excellence in understanding the Deen has been mentioned clearly in the Holy Qur’an and the Hadith.
Shafi'i, Malik, Ahmad, Imam-e-Hanif;
Chaar Baag-e-Imamat pe Laakhon Salam
Fiqh in the Light of the Qur’an al-Karim
Intellect, acumen and understanding are great blessings of Allah. It is necessary for a Muslim to be blessed with these if he wishes to understand the Holy Qur’an, The Hadith, and the secrets and laws that have been mentioned therein.
Almighty Allah says
إن في ذلك لآيات لقوم يعقلون
‘Verily, in it are signs for those who understand’[Surah al-Rome, Verse 24]
In another verse of the Holy Qur’an Allah SubHanuhu wa Ta’ala says
إن في ذلك لآيات لقوم يتفكرون
‘Verily, in it are signs for those who deliberate.’[Surah al-Rome, Verse 21]
Almighty Allah says
وتلك الأمثال نضربها للناس لعلهم يتفكرون
‘And We present these examples for the people, so that they may contemplate’[Surah al-Hashr, Verse 21]
Allah SubHanuhu wa Ta’ala says
قد فصلنا الآيات لقوم يفقهون
‘Undoubtedly, we have explained the signs in detail; for those who understand.’[Surah al-An’aam Verse 98]
The above mentioned verses of the Holy Qur’an make it very clear that to attain Tafaqquh fid Deen, i.e. proper understanding and appreciation of the Deen; one has to be blessed with intellect and the capability to understand.
Those who have been blessed with the knowledge of Deen and especially with the knowledge of Fiqh are those who have been bestowed with special blessings by Allah SubHanuhu wa Ta’ala.
The Holy Qur’an makes it very clear that those with knowledge and those who are unaware are not alike. Almighty Allah says
قل هل يستوي الذين يعلمون والذين لا يعلمون إنما يتذكر أولو الألباب
‘(O Beloved) Say you; Are those who know and those who know not equal? Surely, it is the wise alone that recognize the guidance.’[Surah al-Zumar, Verse 9]
Almighty Allah says:
ومن يؤت الحكمة فقد أوتي خيرا كثيرا
‘And he, who has been blessed with wisdom, has surely been blessed with great virtue.’[Surah al-Baqarah, Verse 269]
It must be noted that the Mufasireen (commentators of the Qur’an) have mentioned that wherever in the Qur’an the mention of Wisdom has come, it refers to the knowledge of Fiqh. The importance of Fiqh, i.e. understanding the Deen is also evident from this verse of the Holy Qur’an.
Almighty Allah says
فلولا نفر من كل فرقة منهم طائفة ليتفقهوا في الدين ولينذروا قومهم إذا رجعوا إليهم لعلهم يحذرون
‘And it is not possible for all the believers to go out (at once); Then why should a delegation not come forth from every grouping, so that they may attain the understanding of Religion, thereafter returning to their people, warning them, in the hope that they may remain guarded.[Surah al-Tawbah, Verse 122]
Whilst explaining this verse of the Holy Qur’an, Sadrul Afaadil Allama Sayyid Na’eemud’deen Muradabadi Alaihir raHma wa ar-Ridwan says:
‘It is not necessary for every person to become an Aalim or Faqih. However, every individual has to attain sufficient knowledge to be able to differentiate between that which is lawful and unlawful, and to know what Fard is and what Waajib is. To acquire this amount of knowledge is Fard-e-‘Ain upon every Muslim, and to acquire more knowledge than this is Fard-e-Kifaayah. It has been mentioned in the Hadith, that it is Fard upon every Muslim to acquire knowledge (of Deen).’[Tafseer Khazain al-Irfan]
The Excellence of a Faqih in the Light of Hadith
Up to now, we have mentioned the importance of Fiqh in the light of the Holy Qur’an. This has been further explained and clarified in the Hadith Sharif.
Hadrat Sayyiduna Ameer Mu’awiyah Radi Allahu Ta’ala Anhu has reported that the Beloved Prophet (Peace and Blessings of Allah be Upon Him) said:
من يرد الله به خيرا يفقهه في الدين
‘If Allah wills to bestow someone with special virtue; He makes him a Faqih of the Religion’.
Sahih Bukhari, Volume 1, Chapter 13, Page 137, Hadith 71
Sahih Muslim, Volume 6, Chapter 34, Page 396, Hadith 2439
Mishkat al-Masabih, Volume 1, Page 43, Hadith 200
Hadrat Abu Hurairah Radi Allahu Ta’ala Anhu reported that Rasoolullah SallAllaho Alaihi wa Aalihi wa Sallam said:
خيارهم في الجاهلية خيارهم في الإسلام إذا فقهوا
‘Those who were good in the days of ignorance are also good in Islam, if they have understanding of the Deen.’
Sahih Bukhari, Volume 12, Chapter 8, Page 20, Hadith 3353
Sahih Muslim, Volume 15, Chapter 44, Page 450, Hadith 6311
Mishkat al-Masabih, Volume 1, Page 43, Hadith 201
In this Hadith, Rasoolullah SallAllaho Alaihi wa Aalihi wa Sallam mentioned that people are bestowed with being better, on the basis of Fiqh, i.e. on the basis of their understanding of their Deen. This also proves that according to Rasoolullah SallAllaho Alaihi wa Aalihi wa Sallam, one of the best qualities in a person is for him to have knowledge of Fiqh.
Once the Holy Prophet (Peace and Blessings of Allah be Upon Him) made the following Dua for Hadrat Abdullah ibn ‘Abbas Radi Allahu Ta’ala Anhu by saying:
اللهم فقهه في الدين
‘O Allah! Make him a Faqih of the Religion.’
Sahih Bukhari, Volume 1, Chapter 10, Page 260, Hadith 143
Sahih Muslim, Volume 16, Chapter 45, Page 195, Hadith 6523
Mishkat al-Masabih, Volume 3, Page 340, Hadith 6139
Hadrat Ibn ‘Abbas Radi Allahu Ta’ala Anhu says that Rasoolullah SallAllaho Alaihi wa Aalihi wa Sallam said
فقيه واحد أشد على الشيطان من ألف عابد
‘One Faqih is more superior over shaitaan, than a thousand worshippers.’
Sunan Tirmidhi, Volume 10, Chapter 19, Page 203, Hadith 2897
Sunan Ibn Majah, Volume 1, Chapter 39, Page 267, Hadith 227
Mishkat al-Masabih, Volume 1, Page 47, Hadith 217
From this Hadith it is evident that a single Faqih (Jurist) is more powerful over shaitaan, than a thousand devout worshippers. The reason for this is that due to the knowledge which Almighty Allah has bestowed upon him, and due to his understanding of the Deen, he is able to recognise and avoid the traps and the trickery of shaitaan. In reality, he becomes the one who assist others to be protected from the trickery and deception of shaitaan.
In Ilm al-Hadith, there are two things that are fundamental. The first being, the authenticity of the chain of transmission, and its narration; and the second being its meaning and understanding it. The Muhaditheen of the Ummah memorised and preserved the words and chain of transmission of the Hadith, whereas the distinguished Fuqaha carried the responsibility of understanding its true meaning and wisdom. It should also be noted that the distinguished Fuqaha also have complete expertise and proficiency in the subject of Hadith. One incident pointing to the importance and excellence of the Fuqaha is as follows:
Khateeb Baghdadi Alaihir raHma wa ar-Ridwan mentions that a Group of Muhaditheen were present, when a woman who used to bathe deceased females came forth and asked a question, ‘Can a female who is menstruating give Ghusl to a female who has passed away or not?’
Imam Yahya bin Mu’een, Abu Hatheema, Zuhair bin Harb, and Khalf bin Saalim etc. who are regarded amongst distinguished Muhaditheen were present there. Each one of them began to look at the other, and none of them was able to give an answer immediately. At that time, Imam Abu Thaur who with the exception of being a Muhadith; was also a Mujtahid and a Faqih, passed by. The lady approached him and queried regarding the said issue. He said ‘Yes, a female who is menstruating is permitted to give Ghusl to a deceased female.’ The reason being that once Rasoolullah SallAllaho Alaihi wa Aalihi wa Sallam said to Hadrat A’isha Radi Allahu Ta’ala Anha:
حيضتك ليس في يدك
‘Your menstruation is not in your hand’.
It is also mentioned in the Hadith that whilst in the condition of Haidh, Hadrat A’isha Radi Allahu Ta’ala Anha used to sprinkle water in the hair of the Prophet (Peace and Blessings of Allah be Upon Him) and she would comb a path in his hair. So, if in such a condition, water can be poured onto the head of a living person, why then can a deceased not be given Ghusl?’
When the distinguished Muhaditheen heard this Fatwa of Imam Abu Thaur they began to discuss the chain of transmission of the Hadith he had mentioned, mentioning who its narrators were and how it was narrated. When the woman heard this, she said ‘Where were you all this while?’ In other words, she tried to say that if that were the case, why then did they not give the answer’.[Tareekh-e-Baghdad, Volume 6, Page 67]
--
Compiled from the Book
‘Imam-e-Azam Abu Hanifa’by
Allama Sayyid Shah Turab al-Haq Qadiri

PUBLISHER The fact that Islamic moral values do not yet rule the world must stir all Muslims

I welcome, My Blog Readers Openions. So write your comments and Suggetions any time, below each Posts or Write to my Email - dgptnayd@yahoo.com/-

Women site, - Rulings on Divorce - I

Allaah The Almighty has made marriage a source of tranquility,
affection and mercy. However, disputes may arise between the spouses
which spoil a good relationship. The causes of dispute between spouses
might be trivial and thus, remediable or avoidable. The wife should
behave wisely and not be hasty to ask for divorce for the slightest
causes. The Messenger of Allaah, sallallaahu 'alayhi wa salam,
said:"Any woman who asks her husband to divorce her without a
compelling reason, will not find the smell of Paradise."]Ahmad, Abu
Daawood, At-Tirmithi and Ibn Maajah[
But, sometimes the causes of dispute might be too strong to solve by
any endeavor to make reconciliation between the spouses. At that
point, the only solution is to terminate the marital relationship,
where the couple leave each other:}But if they separate ]by divorce[,
Allaah will enrich each ]of them[ from His abundance.{]Quran 4:130[
divorce is the best way to terminate the marital relationship when it
becomes too difficult to continue. It entails detaching the sound
marital bond on the part of the husband with a specific expression.
Allaah The Almighty gave the husband the right of effectuating divorce
for reasons that include:
- Being keen on keeping the marital home from collapsing. Had the
right of effectuating divorce been in the hand of the wife, who is
known for being emotional, which sometimes makes her reckless, the
family safety would have more likely been vulnerable to risk, but the
man is wiser and less liable to becoming irritated.
- Divorce brings about such financial obligations on the husband like
the postponed dowry, maintenance during the term of 'Iddah )waiting
period(, and a gift of compensation: and these things force the man to
reconsider divorcing his wife, that is if the more significant reasons
do not prevent him. Furthermore, the woman is entitled to put a
condition that the right of effectuating divorce is in her hand. She
also has the right to terminate her marriage if her marital life with
her husband has become difficult, through other means such as Khul'
and separation by the court if the cause is reasonable.
The Islamic Sharee'ah )Islamic legislation( restricted the man's right
of divorce by limits, which include:
1- Divorce should not occur for a trivial cause inconsiderable under
the Sharee'ah. The man has to know that he is responsible before
Allaah The Almighty for his indulgence in using that right. This is
not an easy matter; and the Messenger of Allaah, sallallaahu 'alayhi
wa salam, said:"Of all the lawful acts the most detestable in the
sight of Allaah is divorce."]Abu Daawood[
2- Divorce should be during the woman's period of Tuhr )state of
purity from menses(, in which the man has not had sexual intercourse
with his wife. But, if he divorces his wife during the period of her
menstruation, or during the period of her Tuhr in which he has had
sexual intercourse with her, divorce would become effectuated and the
divorcing husband would carry a sin according to a group of scholars.
However, other scholars had a different opinion, seeing that divorce
in such a state would not become effectuated.
3- The three pronouncements of divorce should not be uttered
simultaneously in the sense that only one pronouncement of divorce
should be uttered. If one divorces thrice at one time, or in one
session, it would be regarded as three divorces according to many
scholars, and considered as only one divorce according to other
scholars.
Kinds of divorce:
There are two kind of divorce:
• Revocable divorce:
This is when the first or second divorce is pronounced by the husband
on his wife with whom he has consummated the marriage, on the
condition that it is not in return for compensation )as in the case of
Khul'(. This divorce entails no separation consequences so long as the
wife is in the period of 'Iddah, during which the husband has the
right to take her back and she becomes lawful for him. However, if the
period of 'Iddah is over without taking her back she then becomes
divorced from him and she is unlawful for him except with a new
contract and dowry.
• Irrevocable divorce:
Irrevocability is divided into: minor irrevocability and major irrevocability.
Minor irrevocability: This applies to the first and second divorce,
after the period of 'Iddah is over. It is called so because the
husband has the right to remarry his wife but with a new contract and
dowry; and he only has the right to the remaining number of divorces
upon her. If he has divorced her once, two divorces remain; and if he
has divorced her twice, only one final divorce remains.
Minor irrevocable divorce applies in the following cases: Divorce
before consummation of marriage, divorce in return for compensation
)i.e. Khul'( according to the scholars who consider Khul' as divorce,
and divorce because of a defect in case of being the first or second
time.
Major irrevocability: This applies to the divorce for the third time,
after which it is impermissible for the man to remarry his wife unless
she marries another and he consummates the marriage with her and then
divorces her, and she fulfills the term of 'Iddah. In this case, if
the first husband wants to re-marry her, a new contract and dowry are
necessary.

Women site, - Rulings on Divorce - II

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Doubt as to whether divorce is effectuated: If a man has doubt as to whether or not the divorce is effectuated, his doubt is ]regarded as[ inconsiderable, for certainty could not be removed by doubt according to the consensus of Islamic jurists. The woman has to rest assured of that.
The woman being authorized to divorce herself: The man has the right to authorize his wife to divorce herself. Among the words that denote this authorization we may mention, "Choose for yourself", "Your affairs are in your hand", or "Divorce yourself if you wish". If the woman chooses to divorce herself in this context, her divorce becomes irrevocable according to the soundest opinion. However, if she chooses to remain his wife, it would not be regarded as divorce. ‘Aa‘ishah, may Allaah be pleased with her, said, "The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, gave us the freedom of choice )to leave him or remain with him as his wives(, and we chose )to remain with( him. He did not regard it as a divorce." ]Narrated by Al-Jamaa’ah[ It is also possible for the man to authorize anyone else to divorce )his wife on his behalf(.
Taking witnesses to divorce
Divorce becomes effective without taking witnesses to it according to the opinion of the majority of Islamic jurists. That is because it is the husband's right, which Allaah The Almighty has put in his hand, and not in the hand of anyone else. In confirmation of that, Allaah The Almighty Says )what means(:}And when you divorce women and they have ]nearly[ fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms.{]Quran 2:231[ According to Ibn Al-Qayyim, may Allaah have mercy upon him, "Divorce then is the right of he who marries, for it is he alone who has the right to retain, which is revocation."
However, it is narrated on the authority of some Companions, may Allaah be pleased with them, Taabi‘is )Followers(, may Allaah have mercy upon him and the chiefs of the Prophet's family that taking witnesses to divorce is obligatory, confirming their argument with the Aayah in which Allaah The Almighty Says )what means(:}And when they have ]nearly[ fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you.{]Quran 65:2[ It is narrated on the authority of ‘Imraan ibn Husayn, may Allaah be pleased with him, that he was asked about a man who divorced his wife, and then had sexual intercourse with her, and he took no witnesses to divorcing her nor to taking her back, thereupon, ‘Imraan said, “You have divorced )your wife( without following the Sunnah )Prophetic tradition(, and have taken her back without following the Sunnah: take witnesses to your divorcing her, as well as to your taking her back, and do not return to do so once again.” ]Abu Daawood[
The apparent meaning of these texts implies the obligation to take witnesses to divorce and taking back )one's wife(; and this is, indeed, preferable, particularly nowadays, when certainty has impaired, and the people have become hasty in effectuating divorce. Taking witnesses )to divorce( then is more cautious for man's religion and more supportive in adhering to what is right and preserving rights )for their people(.
Question of the restoration of a divorced wife
If a woman is separated from her husband by minor irrevocable divorce and then gets married to another man and is then divorced and returns to her former husband after fulfilling the term of her ‘Iddah, a new contract is necessary. It is the preponderant opinion that after the new contract, the husband has the right to three divorces on his wife, return to him, since the other husband cancels out any divorce of the previous husband, whether they are three or less.
Muhallil and Muhallal
If a man divorces his wife for the third time, she is separated from him by major irrevocable divorce, and becomes unlawful for him )to remarry( until she marries another man with a valid marriage under the Sharee‘ah and he consummates the marriage with her. Of course, if he likes to live with her, he could live with her, and if he dislikes to live with her, he could divorce her; and in this case, she becomes lawful for the first husband to remarry. Allaah The Almighty Says about the husband who divorces his wife thrice )what means(:}And if he has divorced her ]for the third time[, then she is not lawful to him afterward until ]after[ she marries a husband other than him. And if the latter husband divorces her ]or dies[, there is no blame upon the woman and her former husband for returning to each other if they think that they can keep ]within[ the limits of Allaah .{]Quran 2:230[
The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, was asked about a man who divorced his wife )thrice(, and then another man married her and consummated the marriage with her, and divorced her before he had sexual intercourse with her: would she be lawful for the former husband )to remarry(?" He, sallallaahu ‘alayhi wa sallam, said:"No, until the other )i.e. the second husband( takes pleasure in her, and she takes pleasure in him )i.e. have sexual intercourse(."]An-Nasaa‘i[
But, if the man who divorces his wife thrice hires another man to marry his wife with a formal contract but without seeing her, and then to divorce her immediately in return for a certain sum of money, this would not make the woman lawful to her )first( husband, and his life with her in this state is unlawful. Allaah The Almighty cursed the Muhallil, i.e., the man hired )to make the irrevocably divorced woman lawful for her first husband to remarry by his marriage to her( and the Muhallal lahu, i.e. the irrevocably divorcing man )who hires him in order to make his irrevocably divorced woman lawful for him to remarry(. The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:“Shall I not inform you of the male-goat that is borrowed )from among men(?”They said, “Yes, O Messenger of Allaah.” He said:“It is the Muhallil: May Allaah curse the Muhallil and the Muhallal lahu.”]Ibn Maajah[
Revocation
The man who divorces his wife has the right to take her back so long as she is still in the term of her ‘Iddah, if he divorces her for the first or the second time. In confirmation of that, Allaah The Almighty Says )what means(:}And their husbands have more right to take them back in this ]period[ if they want reconciliation.{]Quran 2:228[ The way he takes her back is debatable among religious jurists. Some say that if he has sexual intercourse with her, he then has taken her back, provided that he has the intention of taking her back. Others say that if he touches her with sexual desire, he has taken her back. In order for one to take back his wife, the intention to do so is sufficient about which he should tell his wife, whose consent is not requisite, for taking her back )one's wife( as it is the right of the husband.

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