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Saturday, December 7, 2013

Personalities, - Golden Words Hazrat Umar Farooq RadiAllahAnho



Urdu ♣♣♣Indonesian ♣♣♣Tamil







*.To eat less is healthy, to speak less is wisdom, and to sleep less is worship.
*.To speak less is wisdom, to eat less is healthy and to mingle less with the people is safe and serene.
*.The one who steps back will not progress.
*.Nothing is worst than avarice that destroys the mind, not even Alcohol.
*.It is unbecoming of that person who sits with his hands folded and prays to ALLAH SubHanuhu wa Ta'ala for sustenance. ALLAH SubHanuhu wa Ta'ala does not rain down gold and silver from the heavens.
*.To earn a suspicious living is worse than begging.
*.The biggest gift after Iman (Faith) is your wives.
*.Attain knowledge before old age settles in.
*.Extravagance is also when a person eats whatever he wishes.
*.Whosoever hides his secret keeps his safety, safeguarded with himself.
*.The person who calls himself learned, indeed he is ignorant, and the one who calls himself from the dwellers of Paradise surely he is from the dwellers of Hell.
*.Tawbatun-NasooHa (Accepted forgiveness) is the name of that forgiveness that is asked for a bad deed committed, in such a manner that he never returns to or commits that bad deed again.
*.The Strength in action is, never to put of what you can do today for tomorrow.
*.It is not becoming of a Muslim to sit down and start praying for sustenance without attempting to earn it, he is well aware that gold and silver does not rain from the skies.
*.If it wasn’t for the claim of knowledge of the unknown then I would say five people are from the dwellers of Paradise:
1.That family man who is poverty stricken but is patient
2.That women with whom her husband is happy and accepting.
3.That woman who forgives he husband’s duty of Mehr (Dowry approved by Muslim law)
4.That person with whom his parents are Happy
5.And that person who honestly repents from his sins
*.Once a sheep was slaughtered and Syeduna 'Umar al-Farooq Radi ALLAHu Ta'ala Anho persistently asked his servant if he had first sent meat to his neighbor who was a Jew. The slave asked why you are asking the same question persistently. He answered that ALLAH SubHanuhu wa Ta'ala and his Rasūl Sallallaho Alaihi wa Sallam had constantly stressed the importance of neighbors therefore I too am persistent in stressing the same.
*.Three things build love:
1.To make Salam (greeting)
2.To make space for a person in a gathering
3.To address a person in a respectable and good manner
*.There are four types of Regrets:
1.Regret that spans over a day e.g. When a person leaves his home without eating.
2.Regret that spans over a year, just like the negligence shown when cultivating.
3.Regret that spans over a lifetime, when a man and his wife are unsuited to each other.
4.Regret that is eternal, which is when your Creator is unhappy with you.
*.There are three types of people:
1.Successful: he who listens to the advice of people and ponders over it.
2.Lazy or Lethargic: he who does what he wants without consultation or advice of people.
3.Corpse: who neither gives nor listens to advice and consolation.
*.Sayyiduna 'Umar Radi ALLAHu Ta'ala Anho on many an occasion asked this du'a (supplication) to ALLAH SubHanuhu wa Ta'ala so that certain situations should always remain with him and some things should be removed, the Du'a is: “O ALLAH SubHanuhu wa Ta'ala! Make me such that I may speak with intellect or reap tolerance with silent. O! ALLAH SubHanuhu wa Ta'ala do not bestow upon me too many favours, so that I may not be confused by it, not too little that I may forget You. Hence, little yet sufficient in comparison to having plenty thereby becoming indulgent and committing sin.”
*.If ever you see a learned person ('Aalim) leaning towards this World, then know this he is blameworthy for his Religion, because the universal harm is that if a person desires something then he is constantly engrossed in its quest.
*.Faith (Iman) is to regard the Oneness of ALLAH SubHanuhu wa Ta'ala in ones heart proclaim it with your tongue and to obey the fundamental Islamic Instructions.
*.The relationship of true humility and genuine fear of ALLAH SubHanuhu wa Ta'ala is with the heart and not by a show of outward actions.
*.Why have you made slaves of those whose mothers had given birth to them free?
*.Judgments or Settlements in any cases should be done quickly, so that the accused, due to a prolonged period of time are not compelled to withdraw their accusation.
*.It is absolutely necessary not to associate with a beast for though he wishes or means well, yet he would still be accused of committing a crime.
*.ALLAH SubHanuhu wa Ta'ala, shower your Blessings of Mercy on that person who informs me of my faults.
*.When a learned man takes a false step then he ensnares himself in a World of wrongdoings.
*.One day a man was praising Hadrat 'Umar Radi ALLAHu Ta'ala Anho, he replied by saying why are you destroying me even more with my desires (Nafs).
*.I am not a fool, but I pretend to be a fool, in order to fool the fool. And just when the fool thinks I am a fool, I will expose the fool and show to him that he is the fool.
*.I do not look at anything, except, that I see everything with ALLAH SubHanuhu wa Ta'ala.
*.If I die in this condition that I have strived to earn an honest living then it is more beloved to me than even dying as a Martyr.
*.Good behavior towards people is equivalent to wisdom, to request politely is half of knowledge, and to ascribe to sound policies is half of one’s livelihood.
*.To educate a material person is like placing a sword in the hands of a robber.
*.Do not have Faith in a person’s compassion and politeness when he cannot keep his anger under control.
*.Do not have Faith in a religious person who is not tested during temptation.
*.He is a friend who brings to your attention your faults and to sing praises of a person in his presence is similar to slaughtering him.
*.Laughing decreases ones age, while politeness, glamor, pomp and show which ease living standards are indications of people who are unaware of death.
*.To show greed and avarice is impoverishing, to be unselfish is enriching and to wish compensation in patience.
*.Good deeds are the fulfillment of one’s rights and to do good deeds is a substitute for bad deeds.
*.To speak less is wisdom, to eat less is healthy, to sleep less is a prayer and there is peace in solitude.
*.Youth before old age and old age before death is a blessing of life.
*.A generous person is the beloved of Almighty ALLAH SubHanuhu wa Ta'ala even though he is a transgressor. A miser is the enemy of Almighty ALLAH SubHanuhu wa Ta'ala although he may pray and remember Almighty ALLAH SubHanuhu wa Ta'ala excessively.
*.To forgive an oppressor is oppression upon the oppressed.
*.When you combine lawful with unlawful gains then the unlawful contaminates the lawful gains though it may be little.
*.A Mu'min does not keep as his friend one who is opposed to Almighty ALLAH SubHanuhu wa Ta'ala and his Prophet Sallallaho Alaihi wa Sallam even though that person may be his mother or father.
*.The sound of music and that of a mourner are two of the worst sounds.
*.There is tranquility and peace in anonymity and confidentiality.
*.We should leave the other nine portions out for the fear of Haram (unlawful). (i.e. if in ten portions one is Haram a Muslim would leave the other nine portions out meaning anything unlawful would be completely left out).
*.Desire is never achieved without fear, nor manners and etiquette without formality, or happiness without peace or wealth without gifts or poverty without contentment, or dignity without politeness or Jihad (holy war) without diving guidance and assistance.
*.Respite before preoccupation and old age before death is a blessing of life.
*.Honour and dignity in this World is measured by wealth while honour and dignity in the Hereafter is measured by good deeds.
*.Save yourself from the Fires of Hell even if it means by doing a favour with half a date (fruit). If this too is not possible then with sweet words.
*.After Iman (Faith), there is no greater gift than a pious wife.
*.Not to postpone is strength in action.
*.Whosoever shows you your faults, he is your friend. Those that pay you lip service in praise are your executioners.
*.One who guards his secrets is surely safe.
*.The person who constantly discloses my faults to me is dearest to me.
*.Fear that person who you dislike.
*.When Sayyiduna 'Umar Radi ALLAHu Ta'ala Anho camped on the outskirts of Jerusalem to conquer Bait al-Maqdas, the Christian Crusaders were terrified of his presence and requested a meeting with him before handing over the keys of the city. The Crusaders met him whilst he wore a patched garb. They asked him the reason as to why his name generated such immense awe and fear that captured the hearts of his enemies. He replied; “Your kings taught you to love the World (Duniyah) and its wealth and our Prophet Sallallaho Alaihi wa Sallam taught us to fear ALLAH SubHanuhu wa Ta'ala and love death.
*.He is an intelligent person who can translate his actions into good.
*.Never put off for tomorrow what you can do today.
*.There is never a chance of pain in the neck if one does not raise his head too high in the air.
*.Do not forget about yourself whilst being concerned for others.
*.To stop sinning is easier than to bear the burden of seeking repentance.
*.Remove your gaze from the splendor of the World. Do not let the love of this World enter your heart. Beware! The love of this World does not perhaps destroy you, just as it had destroyed previous nations.
*.Victory is gained through strategy and trust in ALLAH SubHanuhu wa Ta'ala, not by wishful thinking.
*.The most intelligent amongst you is he who fears ALLAH SubHanuhu wa Ta'ala the most.
*.Be sympathetic towards the poor so that they may be able to speak and build courage.
*.Extend a hand of friendship to a foreigner because if his stay is extended then he would leave his valuable possessions to return to his own country and leave that person responsible for his valuables who had been most worthy of his attention
*.Do not taunt and curse anyone for this gives rise to collective evils in a person.
*.One should not judge a person by the number of Salaat (prayer) or Roza (fasting) but by his wisdom and honesty.
*.To die for the right is better than to live for falsehood. Courage is recommend, cowardice is detestable, and falsehood is vulnerable to vanish!
*.Prayer is connected to the heart not by mere apparent actions.
*.To educate a seeker of materialism is to place a sword in the hands of a highway robber.
*.Do not trust the character of one who cannot control his temper.
*.To laugh excessively is a sign of no remorse for death.
*.To side with the oppressor is oppression on the oppressed.
*.Death is the best teacher.
*.The dearest of you as long as you have not met us are the best in names. But after we had seen you, the best of you to us are the best of you in character. When we scrutinize you, the dearest of you to us are the most truthful of you in speech.
*.People were (sometimes) judged by the revealing of a Divine Inspiration during the lifetime of Allah’s Apostle (SallAllahu Alaihi wa Sallam) but now there are no longer any new revelations. Now we judge you by the deeds you practice publicly, so we will trust and favor the one who does good deeds in front of us, and we will not call him to account about what he is really doing in secret, for Allah will judge him for that; but we will not trust or believe the one who presents to us with an evil deed even if he claims that his intentions were good.
*.The best days we ever lived were by virtue of patience, and if patience were to take the shape of a man, he would be a noble and generous man.
*.Take yourself to account before you are taken to account, weigh your actions before they are weighed, and beautify yourself for the ultimate presentation. On that day not the slightest secret will be hidden.
*.It was Sayyiduna Umar’s daily routine to visit the homes of soldiers who were on the battlefield and ask their womenfolk if they had to make any purchases from the market, and he would do it for them. They would send their maids and Sayyiduna Umar would make the purchases and hand over to them. When a messenger came from the battlefield, bringing letters from soldiers, the Caliph would himself deliver them at their homes and tell them the messenger would return on such and such date, and they should keep their letters ready by that time, He would himself supply paper, pen, and ink, and when there was no literate person in a family, he would himself sit outside the door and write to their dictation.
*.There is no goodness in you if you do not say ‘Fear Allah’ and there is no goodness in us if we do not listen.
*.When Sayyiduna Umar appointed anyone as a governor, he wrote down for him a covenant to which a group of muhajirs (up to ten in number) bore witness. The conditions and terms were: He would not ride a workhorse, not eat luxurious food, not wear fine garment and not shut his door to the needy. If he did any of these things then he was liable to punishment.
*.Lower your gaze from the world and turn your heart away from it.
*.I will inform you about what is lawful for me from the wealth of Allah: An outfit for the winter, an outfit for the summer, mount that I can ride upon for Hajj and Umrah, and food for my family, such as given to a man from the Quraish who is neither the richest nor the poorest among them. I am simply a man among the Muslim; I go through what they go through.
*.Allah never obliterates evil with evil, but He erases evil with goodness.
*.O Allah, you indeed know that I eat only my food, that I wear only my own clothing, and that I take only what is rightfully mine.
*.The death of a thousand worshipers is easier to bear than the death of a scholar who has knowledge of what Allah has permitted and forbidden.
*.Lo! By Allah, if I remain alive to help the widows from the people of Iraq, I will leave so much for them that they will never need to ask for help from any ruler who comes after me.
*.Beware of bribery, and of ruling based on your desires.
*.Do not be fooled by one who recites the Qur’an. His recitation is but speech, but look to those who act according to it.
*.Once Sayyiduna Umar was in his garden, when coming back, he found that the people had performed the Asr Prayer. Thereby, he said, ‘We will surely return to Allah! I missed the Asr Prayer in congregation. May you witness that I gave my garden in charity to the needy so as to expiate what Umar had done.
*.The most beloved of people to me is he that points out my flaws to me.
*.Learn knowledge and teach it to the people. Learn how to have yourselves an aura of dignity and peace. Be humble to those that have taught you knowledge, and be humble to those that you have taught knowledge. And do not be haughty scholars; otherwise, your knowledge will not rise due to your ignorance.
*.O Allah, if You have written me down as being someone who is miserable, then erase that for me; and instead write me down as being happy. For indeed, You erase whatever You wish, and You write down and uphold .
*.The Islam of Sayyiduna Umar was a victory , his migration [to Madinah] was a triumph, and his caliphate was a mercy . I remember the time when we were not able to pray or perform tawaf around the Ka’bah. That was before Sayyiduna Umar embraced Islam. After he embraced Islam, we fought against them until they left us alone; and thus we began to be able to pray .
*.Know that every habit comes by getting used to it. Get used to being patient and doing good. Be patient against whatever befalls you. It will make you fear Allah.
*.Never think ill of the word that comes out of your believing brother’s mouth, as long as you can find a good excuse for it.
*.Dedicate yourself to remembering Allah, for remembering Allah is a cure. And beware of remembering people, for the act of remembering people is a disease.
*.By Allah! If I had gold equal to the earth, I would have ransomed myself with it from the punishment of Allah.
*.Each day is proclaimed, ‘So and so has died!’ And with no doubt it will be said one day, ‘Umar died.’
*.The one who laughs too much loses dignity; one who jokes too much loses respect; whoever does something a great deal, becomes known for it; one who speaks a great deal makes mistakes; one who makes many mistakes loses his sense of dignity. Whoever loses his sense of dignity loses his God-fearing and whoever loses his God-fearing is spiritually dead.
*.Beware of filling your stomachs with food and drink, for it is harmful to the body and causes sickness and laziness in performing prayers. Be moderate in both food and drink, for that is healthier for your bodies and furthest removed from extravagance. Allah will hate the fat man (one who revels in a life of luxury), and a man will not be condemned until he favours his desires over his religion.
*.During the year of the Ashes (drought and famine), Sayyiduna Umar ibn Al-Khattab’s stomach would make rumbling sound. He forbade himself from eating Ghee, and so he would eat olive oil. And he would poke his stomach with his fingers and say, ‘Rumble as much as you want, for indeed, I will feed you nothing other than this until the situation of the people improves.
*.Strive to listen to what comes out of the mouth of people who are obedient to Allah. Listen to what they have to say, for indeed, truth things are made manifest to them.
*.On one particular Friday, Sayyiduna Umar did not come out to Friday prayer on time; and since he was to deliver the Friday sermon the people had to wait until he came out to them. When Sayyiduna Umar finally did come out to them, he came out to them, he apologized, explaining that, ‘I was prevented from coming out because this garment I am wearing was being washed; and I own no other outfit.’
*.After Sayyiduna Umar Radi Allahu Ta'ala Anhu became Khalifah of the Muslim Nation, he was once seen delivering a sermon while wearing a lower garden that was patched in 12 different places.
*.Help me against myself by enjoining good, forbidding evil, and sincerely advising me.
*.O Allah, I am indeed harsh, so make me gentle; I am weak, so make me strong; and I am miserly, so make me generous.









Published By, NajimudeeN M- INDIA

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



Urdu ♣♣♣Indonesian ♣♣♣Tamil







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 become weak, memory has been 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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Women site, - Rulings on Divorce - III



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Separation by court
It is a permissible matter in order to enable the woman to terminate her marital relationship that she could not terminate by herself, because she does not have the right of divorce.
Separation by the court is of two kinds:
1- Separation which is considered as divorce and it is considered an irrevocable divorce. There are many reasons for which the woman has the right to ask for separation, leading to divorce, including:
• The husband does not financially support her
• The husband has some disabilities, whether they are physical disabilities like leprosy, to the extent that it makes it difficult upon her to stay with him without harm, or sexual dysfunctions that prevent him from having sexual intercourse with her or begetting children
• Bad companionship
• The husband's long absence from his wife
• His long imprisonment which causes harm to the wife, even if he leaves her sufficient maintenance.
Among the forms of separation which are regarded as an irrevocable divorce, we may mention Eelaa‘ if its conditions are met, and Khul‘ for those who are of the opinion that it is divorce.
2- Separation which is considered as an annulment of the marriage contract and it does not reduce the number of divorces.
Cancellation is caused by something that happens with which the marriage contract is prevented from continuing, like the choice of either of the spouses, upon reaching puberty, to annul the marriage )which was concluded by hisher guardian before reaching puberty( , discovering that the spouses are suckling siblings, or the conversion of any of the spouses to Islam. The annulment of the marriage contract terminates the marital relationship at once, like an irrevocable divorce.
When any one of the spouses embraces Islam before the other
If either of the spouses embraces Islam before the other, their marriage is in a hanging state: if the other embraces Islam before the wife's term of ‘Iddah )waiting period( is over, their marriage is still in effect; and if her term of ‘Iddah is over, she could marry anyone else if she so desires, or wait if she so desires. If the other spouse, who had not yet embraced Islam, embraces Islam, and the wife had not yet been married to anyone else, they would return to their matrimony with no need to renew the contract.
According to Imaam Ibn Al-Qayyim, may Allaah have mercy upon him, "We do not know that a marriage was ever renewed because )either of the spouses embraced( Islam )after the other(. One of two things used to be done in this respect: either they separate and she marries another; or she remained a wife of him until he/she embraced Islam even after a long time." It is narrated on the authority of Ibn ‘Abbaas, may Allaah be pleased with him, that he said, "The Messenger of Allaah, sallallaahu ‘alayhi wa salam, returned his daughter Zaynab, may Allaah be pleased with her, to Abu Al-‘As Ibn Ar-Rabee‘ )after he had embraced Islam( on the basis of their previous marriage, and he did not do anything afresh." ]Ahmad, Abu Daawood and Ibn Maajah[
Li‘aan
If a man accuses his wife of committing adultery, whatever the form his charge against her might take -- even if it is to deny before the judge that her pregnancy is from him -- the ruling is the same as described by Allaah The Almighty in the Aayah )verse( that says )what means(:}And those who accuse their wives ]of adultery[ and have no witnesses except themselves - then the witness of one of them ]shall be[ four testimonies ]swearing[ by Allaah that indeed, he is of the truthful. And the fifth ]oath will be[ that the curse of Allaah be upon him if he should be among the liars. But it will prevent punishment from her if she gives four testimonies ]swearing[ by Allaah that indeed, he is of the liars. And the fifth ]oath will be[ that the wrath of Allaah be upon her if he was of the truthful.{]Quran 24:6-9[
The presence of the judge is necessary for the process of Li‘aan to be carried out. He has to remind the woman )of Allaah The Almighty(, and admonish her. According to the Sunnah )tradition(, in Li‘aan the man should be brought forward to give his testimony first before the woman. If the husband abstains from Li‘aan, the corporal punishment prescribed for the crime of the false accusation should be implemented on him. If the woman abstains from Li‘aan, the corporal punishment prescribed for adultery should be implemented on her. After carrying out the measures of Li‘aan, the spouses should be parted, as they would become unlawful for each other, and they should never marry again according to the opinion of the majority of Islamic jurists. However, some are of the opinion that it is possible for him to remarry her if he belies himself, or if either of them is incompetent for being a witness.
If a man is involved in Li‘aan with his wife in which he denies his child from her, the child's ascription to the father, as well as the child’s financial maintenance lapse; and this cancels any mutual inheritance between them. In this case, the child is attributed to his mother, and they inherit each other, since the child is traced to the owner of the bed )i.e., the legitimate husband(, which becomes cancelled by Li’aan. It is narrated on the authority of Abu Hurayrah, may Allaah be pleased with him, that he said: The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, said:"A child is traced to the owner of the bed, and for the adulterer are stones )i.e. stoning to death(."]Al-Jamaa’ah except Abu Daawood[
Eelaa‘
It is that the husband takes an oath not to have sexual intercourse with his wife for a duration that exceeds four months. Whoever does so is considered in a state of Eelaa' from his wife. However, according to the Maaliki scholars, whoever abstains from having sexual intercourse with his wife for the same period without making an oath, just for the purpose of harming her, is considered in a state of Eelaa' from her, and is subject to the ruling of Eelaa‘.
Ruling of Eelaa‘: According to the Sharee‘ah )Islamic legislation( the husband who has sworn not to have sexual intercourse with his wife has as long as a four-month respite to retract his decision and have sexual intercourse with his wife. If he does not, he would be in a state of Eelaa’, and expiation for his oath would become due upon him. Allaah The Almighty Says )what means(:}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, Allaah is Forgiving and Merciful.{]Quran 2:226[
However, if the four months elapse and the husband does not retract from his oath by having sexual intercourse with his wife, by doing so he will have then decided to divorce his wife. Allaah The Almighty Says )what means(:}And if they decide on divorce - then indeed, Allaah is Hearing and Merciful.{]Quran 2:227[ Hence, the majority of scholars are of the opinion that the wife has the right to ask him either to have sexual intercourse with her or to divorce her. If he still abstains from having sexual intercourse with her, the judge should pressure him to divorce her. If he refuses, then, the judge should divorce her on his behalf, and it becomes a revocable divorce according to the soundest opinion. The term of ‘Iddah is due upon the woman who is divorced upon the basis of Eelaa‘, like other divorced women.
In other cases, a man might make his wife unlawful for himself. If prohibition is intended for the woman herself, it does not become a divorce. It is narrated on the authority of Ibn ‘Abbaas, may Allaah be pleased with him, "If a man declares his wife unlawful for himself, it is an oath for which he should make expiation." Then he recited:}There has certainly been for you in the Messenger of Allaah an excellent pattern.{]Quran 33:21[ ]Muslim[ ‘Aa‘ishah, may Allaah be pleased with her, said, "The Messenger of Allaah, sallallaahu ‘alayhi wa sallam, took an oath not to have sexual intercourse with his wives. Afterwards, he made lawful what he had made unlawful )for himself(, and made expiation for his oath." ]Al-Bukhaari and Muslim[









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