"GENERAL ARTICLES"
"BISMILLA HIRRAHMAAN NIRRAHEEM"
WELCOME! - AS'SALAMU ALAIKUM!! ******** ***** *****
[All] praise is [due] to Allah, Lord of the worlds; - Guide us to the straight path
*- -*
* * In this Blog; More Than Ten Thousand(10,000) {Masha Allah} - Most Usefull Articles!, In Various Topics!! :- Read And All Articles & Get Benifite! * Visit :-
*- WHAT ISLAM SAYS -* - Islam is a religion of Mercy, Peace and Blessing. Its teachings emphasize kind hear tedness, help, sympathy, forgiveness, sacrifice, love and care.Qur’an, the Shari’ah and the life of our beloved Prophet (SAW) mirrors this attribute, and it should be reflected in the conduct of a Momin.Islam appreciates those who are kind to their fellow being,and dislikes them who are hard hearted, curt, and hypocrite.Recall that historical moment, when Prophet (SAW) entered Makkah as a conqueror. There was before him a multitude of surrendered enemies, former oppressors and persecutors, who had evicted the Muslims from their homes, deprived them of their belongings, humiliated and intimidated Prophet (SAW) hatched schemes for his murder and tortured and killed his companions. But Prophet (SAW) displayed his usual magnanimity, generosity, and kind heartedness by forgiving all of them and declaring general amnesty...Subhanallah. May Allah help us tailor our life according to the teachings of Islam. (Aameen)./-
"INDIA "- Time in New Delhi -
''HASBUNALLAHU WA NI'MAL WAKEEL'' - ''Allah is Sufficient for us'' + '' All praise is due to Allah. May peace and blessings beupon the Messenger, his household and companions '' (Aameen)
NAJIMUDEEN M
Dua' from Al'Qur'an - for SUCCESS in 'both the worlds': '' Our Lord ! grant us good in this world and good in the hereafter and save us from the torment of the Fire '' [Ameen] - {in Arab} :-> Rabbanaa aatinaa fid-dunyaa hasanatan wafil aakhirati hasanatan waqinaa 'athaaban-naar/- (Surah Al-Baqarah ,verse 201)*--*~
Category - *- About me -* A note for me *-* Aa My Public Album*-* Acts of Worship*-* Ahlesunnat Wal Jamat*-* Asmaul husna*-* Belief in the Last Day*-* Between man and wife*-* Bible and Quran*-* Bioghraphy*-* Commentary on Hadeeth*-* Conditions of Marriage*-* Da'eef (weak) hadeeths*-* Darwinism*-* Dating in Islam*-* Description of the Prayer*-* Diary of mine*-* Discover Islam*-* Dought & clear*-* Duas*-* Eid Prayer*-* Engagment*-* Family*-* Family & Society*-* family Articles*-* Family Issues*-* Fasting*-* Fathwa*-* Fiqh*-* For children*-* Gender differences*-* General*-* General Dought & clear*-* General hadeeths*-* General History*-* Hadees*-* Hajj*-* Hajj & Umrah*-* Hazrat Mahdi (pbuh)*-* Health*-* Health and Fitness*-* Highlights*-* Hijaab*-* Holiday Prayer*-* I'tikaaf*-* Imp of Islamic Months*-* Innovations in Religion and Worship*-* Islamic Article*-* Islamic History*-* Islamic history and biography*-* Islamic Months*-* Islamic story*-* Issues of fasting*-* Jannah: Heaven*-* jokes*-* Just know this*-* Kind Treatment of Spouses*-* Links*-* Making Up Missed Prayers*-* Manners of Greeting with Salaam*-* Marital Life*-* Marriage in Islam*-* Menstruation and Post-Natal bleeding*-* Miracles of Quran*-* Moral stories*-* Names and Attributes of Allaah*-* Never Forget*-* News*-* Night Prayer*-* Notes*-* Other*-* Personal*-* Personalities*-* Pilgrimage*-* Plural marriage*-* Prayer*-* Prayers on various occasions*-* Principles of Fiqh*-* Qanoon e Shariat*-* Qur'an*-* Qur'an Related*-* Quraanic Exegesis*-* Ramadan Articles*-* Ramadan File*-* Ramadhan ul Mubarak*-* Sacrifices*-* Saheeh (sound) hadeeths*-* Schools of Thought and Sects*-* Seerah of Prophet Muhammad (pbuh)*-* Sex in Islam*-* Sharia and Islam*-* Shirk and its different forms*-* Sms, jokes, tips*-* Social Concerns*-* Soul Purification*-* Story*-* Sufi - sufi path*-* Supplication*-* Taraaweeh prayers*-* The book of Prayer*-* Tips & Tricks*-* Tourist Place*-* Trust (amaanah) in Islam*-* Welcome to Islam*-* Women in Ramadaan*-* Women site*-* Women Who are Forbidden for Marriage*-* Womens Work*-* Youth*-* Zakath*-*
*- Our Nabi' (s.a.w) Most Like this Dua' -*
"Allahumma Salli'Alaa Muhammadin Wa 'Alaa'Aali Muhammadin, kamaa Sallayta 'Alaa' Ibraheema wa 'Alaa 'Aali 'Ibraheema, 'Innaka Hameedun Majeed. Allahumma Baarik'Alaa Muhammadin Wa 'Alaa'Aali Muhammadin, kamaa Baarakta 'Alaa' Ibraheema wa 'Alaa 'Aali 'Ibraheema, 'Innaka Hameedun Majeed." ******
"Al Qur'an - first Ayath, came to our Nabi (s.a.w)
"Read! In the name of yourLord Who created. Created man from clinging cells. Read! And your Lord is Most Bountiful. The One Who taught with the Pen. Taught man what he did not know." (Qur'an 96: 1-5) - ~ - ~ - lt;18.may.2012/friday-6.12pm:{IST} ;(Ayatul Kursi Surah Al-Baqarah, Ayah 255/)
*- Al Qur'an's last ayath came to Nabi{s.a.w} -*
Allah states the following: “Thisday have I perfected your religion for you, completed My favour upon you, and have chosen for you Islam as your religion.” [Qur’an 5:3]
Surat alAhzab 40; Says Our Prophet Muhammad (s.a.w) is the final Prophet sent by Allah'
↓TRANSLATE THIS BLOG↓
IndonesiaArabicChinaEnglishSpanishFrenchItalianJapanKoreanHindiRussian
ShareShare

Follow Me

* A Precious DUA' *
Dua' - '' All praise is due to Allah'. May peace and blessings beupon the Messenger, his household and companions '' - - - O Allah, I am Your servant, son of Your servant, son of Your maidservant; my forelock is in Your hand; Your command over me is forever executed and Your decree over me is just; I ask You by every name belonging to You that You have named Yourself with, or revealed in Your book, ortaught to any of Your creation, or have preserved in the knowledge of the unseen with You, that You make the Qur'an thelife of my heart and the light of my breast, and a departure for my sorrow and a release from my anxiety.
- Tamil -- Urdu -- Kannada -- Telugu --*- ShareShare
**
ShareShare - -*-
tandapanahkebawah.gifbabby-gif-240-240-0-24000.giftandapanahkebawah.gif400692269-4317571d76.jpeg wall-paper.gif story.gif
*: ::->
*

Friday, February 22, 2013

Dought & clear,- Ruling on khul‘ during menses; should the menstrual cycle during which the khul‘ occurredbe counted?.

I was given a 2nd talaaq by my husband in January after I came off my
menstrual cycle. I then started my iddah period. I did not have
another cycle until March and then not again until last week. I spoke
to an imam about my situation as my husband has been abusive and
oppressive since the start of our marriage and advised I seek a khula,
which my husband agreed to. I am confused because I was on my menses
when he released me by khul and I was already going through my iddah
from his talaaq. What is the status of my divorce? This is very
stressful for me and I do not know what I am doing.
Praise be to Allah.
Firstly:
When a woman's husband divorces her (talaaq), she should count three
menstrual cycles if she is one of those who menstruate and she is not
pregnant, according to scholarly consensus, because Allah, may He be
exalted,says (interpretation of the meaning):
"And divorced women shall wait (as regards their marriage) for
threemenstrual periods"
[al-Baqarah 2:228].
But if the separation occurs as the result of something other than
talaaq, such as khul' or annulment of the marriage, then she should
observe 'iddah for one menstrual cycle, according to the correct
scholarly view. This has been discussed previously in the answerto
question no. 5163.
Secondly:
If a man divorces his wife (by talaaq), and during her 'iddah she asks
for khul' and he responds to her request, it is valid, because she is
still his wife.
Ibn Qudaamah (may Allah have mercy on him) said: The woman who is
revocably divorced (first or second talaaq) is still a wife and a
subsequent talaaq (divorce), zihaar (a jaahili form of divorce inwhich
the husband says to his wife, 'You are to me like my mother's back'),
eela' (an oath notto have sexual relations with one's wife) and li'aan
(a procedure in which the husband formally accuses his wifeof adultery
and she formally denies the charge, and each invokes the curse of
Allah upon him or herself if he or she is lying) are all valid; and
one of them may inherit from the other, according to scholarly
consensus; and if he separates from her by means of khul', his khul'
is valid.
End quote from al-Mughni, 7/400
The khul' is valid even if she is menstruating, because khul'can only
occur at the request of the wife because of what she is faced with
ofbad treatment on the husband's part. So it is permissible for it to
occur at the time of menses in order to put an end to harm (caused by
the husband's mistreatment).
Ibn Qudaamah (may Allah have mercy on him) said: There is nothing
wrong with khul' at the time of menses or during a period of purity in
which the husband has had intercourse with her. The prohibition on
talaaq at the time of menses is because of theharm that may affect
thewife due to making the 'iddah longer. But khul' is for the purpose
of putting an end to harm that she is suffering because of bad
treatment and staying with one whom she hates and resents, whichis
greater than the harm caused by making the 'iddah longer. So it is
permissible to ward off the greater harm by means of the lesser. Hence
the Prophet (blessings and peace of Allah be upon him) did not ask the
woman who separated from her husband by means of khul' about her
situation, because the khul' that could lead to making the 'iddah
longer happened at her request, which indicates that she gave her
consent and proves that it was in her interests. End quote from
al-Mughni, 7/247
Al-Baghawi (may Allah have mercy on him) said:Khul' at the time of
menses or during a period of purity in which the husband has had
intercourse with heris not bid'ah (an innovation), because theProphet
(blessings and peace of Allah be upon him) gave permission to Thaabit
ibn Qays to separate from his wife by means of khul' without knowing
about her situation (regarding menses etc). Were it not that it is
permissible in all circumstances, he would probably have asked about
her situation.
End quote from Ma'aalimat-Tanzeel, 8/148
It says in al-Mawsoo'ah al-Fiqhiyyah, 8/326: The majority of fuqaha' –
Hanafis, Shaafa'is and Hanbalis – are of the view that khul' at the
time of menses is permissible, because of the general meaning of the
words of Allah, may He be exalted (interpretation of the meaning):
"then there is no sin on either of them if she gives back (the Mahr or
a part of it) for her Al-Khul' (divorce)" [al-Baqarah 2:229].
And because she has a need to put an end to her suffering by
separating from her husband, as she is offering to give up wealth for
that purpose.
The Maalikis, according to their well-known opinion, are of the view
that khul' is not allowed during the woman's period. End quote.
See also Badaa'i' as-Sanaa'i', 3/96; at-Taaj wa'l-Ikleel Sharh
Mukhtasar Khaleel, 5/304; Mughni al-Muhtaaj, 4/498
Once it is established that khul' at the time of menses is
permissible, the woman who has been divorced by means of khul' does
not finish her 'iddah when she becomes pure from the menstrual period
duringwhich the khul' occurred. Rather she must go through another
menstrual cycle, then become pure and do ghusl; then her 'iddah will
have ended, because the period during which the khul' occurred was not
a complete menstrual cycle, and 'iddah has to be a complete
menstrualcycle.
Ibn Qudaamah (may Allah have mercy on him) said: The menstrual cycle
during which she was divorced (talaaq) does not count as part ofher
'iddah, and there is no difference of opinionamong the scholars
concerning that, because Allah, may He beexalted, has commandedthat
she wait for three menstrual cycles, so it includes three complete
cycles; the cycle during which she was divorced does not count because
it is only part of a cycle. End quote.
And Allah knows best.

No comments: