divorce and interim period
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peace, what does God say in the quran about the interim period, for example lets say someone divorced another person then according to Quran these persons must wait 3 months? this is the interim period. Does this mean they are still married during the interim period? can they have intercourse during this interim period?? thanks beforehand.
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see http//www.quran434.com/wife-beating-islam.html#part3
To understand the sequence of events, we must fully understand the divorce procedure according to The Quran
'cooling-off' period for those who swear away from their wives sexually, limited to 4 months *
after this 4 month 'cooling-off' period, the options are revert to normal relations or divorce/talaq
post-divorce interim/waiting period is 3 menstruation periods or 3 months, if pregnant it is until they deliver, if widowed it is 4 months and 10 days
if no sex has taken place after marriage, then no interim period is required after divorce/talaq . Compensation may be due however if dower was agreed upon
during post-divorce interim period, wife remains in the same house, and is compensated by way of maintenance during this period in the same living standard as the husband, each according to their means **
divorce is automatically retracted if sex between the couple takes place during the interim period ***
if couple reconciles, then divorce/talaq may be retracted twice during interim-period. If divorced a third time it is final unless she marries another then they divorce, only then can original partners re-marry. If the couple fear they will not maintain God's bounds, then wife may give some dowry back to release herself
if couple still wishes to follow through with the divorce/talaq after the end of the interim period and undergo final separation, then two witnesses are required to complete the process
exceptions exist, in certain situations
the onus is upon the person in the wrong to rectify the situation or initiate divorce/release, and it is an obligation upon the contract-breaking party to compensate the otherAs a side note, the last point is also mentioned in traditional Islamic law and sources, see M.Asad's note on 2229. This system would also protect the male if he were to marry a female who only did so for his money or the marital gift then she wished to end the marriage later, because since the contract-breaking party compensates the other partner, she would have to do so accordingly. Similarly, this would protect the female if she were to marry a male who only did so for lustful reasons then wished to end the marriage later, as he would then have to compensate her.
*Also possibly provides a time limit due to a practice of the time in which husbands did not have sex with their wives but also did not divorce them, see 581-4, 334; i.e. leaving them in a state between marriage and divorce. Similar to what is implied by 4129.
**And the same goes for the lesser situation of 'cooling-off' period. Obviously, the wife would not be removed from the home for the lesser serious 'cooling-off' period then brought back just for the post-divorce interim period.
***Inference from 2226 is that resumption of sexual relations is equated to reconciliation, thus no initiation of divorce. Hence, same proviso for post-divorce interim period, i.e. sex = reconciliation.
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peace, what does God say in the quran about the interim period, for example lets say someone divorced another person then according to Quran these persons must wait 3 months? this is the interim period. Does this mean they are still married during the interim period? can they have intercourse during this interim period?? thanks beforehand.
This is aya 2.228. Thhe aya says the "divorced women". they are already divorced. They are not in an intermediate or undetermined state but divorced as the text says. They are only asked to wait for three months before remarrying anybody for the sake of what they might have in their wombs. They might marry another man and that man be in ignorance of their haing already conceived from the previous husband.
Salaam
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This is aya 2.228. Thhe aya says the "divorced women". they are already divorced. They are not in an intermediate or undetermined state but divorced as the text says. They are only asked to wait for three months before remarrying anybody for the sake of what they might have in their wombs. They might marry another man and that man be in ignorance of their haing already conceived from the previous husband.
Salaam
Salaam,
I agree.
I understand that the pre-divorce period of 4 months for men is all needed to divorce. Once this 4 months completed, divorce process is done. And during this 4 months time husband and wife can maintain their sexual relationship.
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peace, what does God say in the quran about the interim period, for example lets say someone divorced another person then according to Quran these persons must wait 3 months? this is the interim period. Does this mean they are still married during the interim period? can they have intercourse during this interim period?? thanks beforehand.
Once a divorce is established it means the marriage is broken; the woman has to observe waiting period before remarrying; they shouldn?t have intercourse because there is no law backing it.
The divorcee should count for 3 periods Waalmutallaqatu yatarabbasna bianfusihinna thalathata qurooin 2228 or 3 month Waallaee yaisna mina almaheedi min nisaikum ini irtabtum faAAiddatuhunna thalathatu ashhurin waallaee lam yahidna 654 if she is pregnant then till delivery waolatu alahmali ajaluhunna an yadaAAna hamlahunna 654
The count must to be observed Ya ayyuha alnnabiyyu itha tallaqtumu alnnisaa fatalliqoohunna liAAiddatihinna waahsoo alAAiddata 651
They should remarry only after the count has been observed Faitha balaghna ajalahunna faamsikoohunna bimaAAroofin aw fariqoohunna bimaAAroofin waashhidoo thaway AAadlin minkum waaqeemoo alshshahadata lillahi thalikum yooAAathu bihi 652
Remarrying is permitted only after two separate divorces. Alttalaqu marratani 2229
After the third divorce the woman has to marry a different man. Fain tallaqaha fala tahillu lahu min baAAdu (after the two divorces) hatta tankiha zawjan ghayrahu 2230
The woman may remarry her X husband if the Y husband divorces her on condition that they should not go for divorce again. But if they went for the fourth divorce, then there is no provision provided for them to remarry. fain tallaqaha fala junaha AAalayhima an yatarajaAAa in thanna an yuqeema hudooda Allahi 2230
watilka hudoodu Allahi yubayyinuha liqawmin yaAAlamoona 2230
That is GOD's solid law.
