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Sahih Muslim

by Imam Muslim, translation by Abdul Hamid Siddiqui

Volume: The Book of Divorce (Kitab Al-Talaq)

The Arabic word for divorce is talaq which means" freeing or undoing the knot" (Imam Raghib). In the terminology of the jurists. Talaq signifies the dissolution of marriage, or the annulment of its legality by the pronouncement of certain words.

Divorce is of three kinds: the Ahsan, or most laudable, the Hasan, or laudable, and the Bid'a or irregular.

Talaq Ahsan or the most laudable divorce is where the husband repudiates his wife by making one pronouncement within the term of Tahr (purity. when the woman is not passing through the period of menses) during which he has not had sexual intercourse with her, and she is left to observe her 'Idda.

Talaq Hasan or laudable divorce is where a husband repudiates an enjoyed wife by three sentences of divorce, in three Tuhrs

Talaq Bid'a or irregular divorce is where a husband repudiates his wife by three divorces at once. According to the majority of the jurists, the Talaq holds good, but it is against the spirit of the Shari'ah, and, therefore, the man who follows this course in divorce is an offender in the eye of Islamic Law.

The right of woman in demanding the dissolution of marriage is known as Khula' (meaning, literally, the putting off or taking off a thing). It is a kind of facility provided to the wife in securing Talaq from her husband by returning a part or full amount of the bridal gift.

We have described before that, according to Islam, marriage is a civil contract; yet the rights and responsibilities consequent upon it are of such importance to the welfare of humanity that a high degree of sanctity is attached to it. But, in spite of the sacredness of the character of the marriage tie, Islam recognises the eternity of divorce in cases when marital relations are poisoned to a degree which makes a peaceful home life impossible. But Islam does not believe in unlimited opportunities for divorce on frivolous and flimsy grounds, because any undue increase in tht facilities for divorce would destroy the stability of family life. Therefore, while allowing divorce even on genuine grounds, Islam has taken great care to introduce checks designed to limit the use of available facilities. The French legists Planiol and Ripert have explicitly emphasised Islam's point of view in regard to divorce in these words:" Divorce is a mischief. However, it is a measure that cannot be avoided for the welfare of the community, because it is the only remedy for another harm which may be wore dangerous The prohibition of divorce, whatever harm it may imply, is like the prohibition of surgery, because the surgeon is compelled to amputate some of the limbs of the patient's body. However, there is no danger whatsoever, in legislating for divorce (in accordance with the practice established by Islam) since it is not divorce that spoils married life and dissolves its sacred tie, but the misunderstanding that arises between the married couple and hinders the strengthening of this (union by marriage) and demolished it. Divorce alone puts an end to the hatred that may occur between the husband and his wife before it is aggravated and becomes an intolerable mischief to society" (quoted by Hasan Ibrihim Hasan, Islam, Religious, Political. Social and Economic Study, p. 274).

The list of all chapters in this volume are given below.


List of chapters
IT IS FORBIDDEN TO DIVORCE THE WOMAN DURING HER MENSES
PRONOUNCEMENT OF THREE DIVORCES
ATONEMENT IS ESSENTIAL FOR ONE WHO MADE HIS WIFE UNLAWFUL FOR HIMSELF WITHOUT THE INTENTION OF DIVORCE
MERE GIVING OF OPTION OF DIVORCE TO WOMEN DOES NOT MAKE THE DIVORCE EFFECTIVE, BUT WHEN IT IS REALLY INTENDED
ILA'AND KEEPING AWAY FROM THE WIVES
THERE IS NO MAINTENANCE ALLOWANCE FOR ONE WHO HAS BEEN GIVEN IRREVOCABLE DIVORCE
ONE WHO IS DIVORCED BY THREE PRONOUNCEMENTS OR WHOSE HUSBAND HAS DIED CAN GET OUT OF HER HOUSE FOR A NEED DURING HER PERIOD OF 'IDDA
THE PERIOD OF 'IDDA COMES TO AN END WITH THE BIRTH OF THE CHILD
IT IS OBLIGATORY TO ABSTAIN FROM ADORNMENT DURING THE 'IDDA PERIOD, BUT MOURNING BEYOND THREE DAYS IS PROHIBITED
LI'AN (INVOKING CURSE)
EMANCIPATING A SLAVE
THE RIGHT OF INHERITANCE OF PROPERTY VESTS WITH ONE WHO EMANCIPATES THE SLAVE
IT IS FORBIDDEN TO SELL AL-WALA' (THE RIGHT OF INHERITANCE OF A SLAVE) AND ITS CONFERRING ON OTHERS
IT IS FORBIDDEN FOR A SLAVE TO TAKE ANYONE AS HIS ALLY EXCEPT ONE WHO EMANCIPATES HIM
EXCELENCE OF EMANCIPATING A SLAVE
EXCELLENCE OF SECURING THE EMANCIPATION OF FATHER

Islamic Art Oil Paintings

List of Volumes
The Book of Faith (Kitab Al-Iman)
The Book of Purification (Kitab Al-Taharah)
The Book of Menstruation (Kitab Al-Haid)
The Book of Prayers (Kitab Al-Salat)
The Book of Zakat (Kitab Al-Zakat)
The Book of Fasting (Kitab Al-Sawm)
The Book of Pilgrimage (Kitab Al-Hajj)
The Book of Marriage (Kitab Al-Nikah)
The Book of Divorce (Kitab Al-Talaq)
The Book of Transactions (Kitab Al-Buyu`)
The Book Pertaining to the Rules of Inheritance (Kitab Al-Farai`d)
The Book of Gifts (Kitab Al-Hibat)
The Book of Bequests (Kitab Al-Wasiyya)
The Book of Vows (Kitab Al-Nadhr)
The Book of Oaths (Kitab Al-Aiman)
The Book Pertaining to the Oath, for Establishing the Responsibility of Murders, Fighting, Requital and Blood-Wit (Kitab Al-Kitab Al-Qasama wa'l-Muharaba wa'l-Qisas wa'l-Diyat)
The Book Pertaining to Punishments Prescribed by Islam (Kitab Al-Hudud)
The Book Pertaining to Judicial Decisions (Kitab Al-Aqdiyya)
The Book of Jihad and Expedition (Kitab Al-Jihad wa'l-Siyar)
The Book on Government (Kitab Al-Imara)
The Book of Games and the Animals which May be Slaughtered and the Aninals that Are to be Eaten (Kitab-us-Said wa'l-Dhaba'ih wa ma Yu'kalu min Al-Hayawan)
The Book of Sacrifices (Kitab Al-Adahi)
The Book of Drinks (Kitab Al-Ashriba)
The Book Pertaining to Clothes and Decoration (Kitab Al-Libas wa'l-Zinah)
The Book on General Behaviour (Kitab Al-Adab)
The Book on Salutations and Greetings (Kitab As-Salam)
The Book Concerning the Use of Correct Words (Kitab Al-Alfaz min Al-Adab wa Ghairiha)
The Book of Poetry (Kitab Al-Sh`ir)
The Book of Vision (Kitab Al-Ruya)
The Book Pertaining to the Excellent Qualities of the Holy Prophet (may Peace be upon them) and His Companions (Kitab Al-Fada'il)
The Book Pertaining to the Merits of the Companions (Allah Be Pleased With Them) of the Holy Prophet (May Peace Be Upon Him) (Kitab Al-Fada'il Al-Sahabah)
The Book of Virtue, Good Manners and Joining of the Ties of Relationship (Kitab Al-Birr was-Salat-I-wa'l-Adab)
The Book of Destiny (Kitab-ul-Qadr)
The Book of Knowledge (Kitab Al-`Ilm)
The Book Pertaining to the Remembrance of Allah, Supplication, Repentance and Seeking Forgiveness (Kitab Al-Dhikr)
The Book of Heart-Melting Traditions (Kitab Al-Riqaq)
The Book Pertaining to Repentance and Exhortation to Repentance (Kitab Al-Tauba)
Pertaining To The Charateristics Of The Hypocrites And Command Concerning Them (Kitab Sifat Al-Munafiqin Wa Ahkamihim)
The Book Giving Description of the Day of Judgement, Paradise and Hell (Kitab Sifat Al-Qiyamah wa'l Janna wa'n-Nar)
The Book Pertaining to Paradise, Its Description, Its Bounties and Its Intimates (Kitab Al-Jannat wa Sifat Na'imiha wa Ahliha)
The Book Pertaining to the Turmoil and Portents of the Last Hour (Kitab Al-Fitan wa Ashrat As-Sa`ah)
The Book Pertaining to Piety and Softening of Hearts (Kitab Al-Zuhd wa Al-Raqa'iq)
The Book of Commentary (Kitab Al-Tafsir)
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