Divorce Law

Divorce Law


Everything that happens in the course of a human life is the will of his Lord the Almighty. A man will not always feel happy and will not be forever bear the sorrow. Of all turnover events that we encounter in every episode brings life lessons and each lesson so that we increasingly understand the nature of our creation as a servant in the face of this earth.
Allah ta'ala has created everything in pairs, there are men and no women, no joy and no sorrow, no meetings and no separation. Was common to every thing that has a beginning must also have an end, not an exception in the bonds of marriage. There is time for us to meet with someone we love and there is also the time when we must part with a loved one. Separation that occurs is not the end of the journey of life, but rather a self-learning for mature.
This time, we will talk about the separation between two beings who love, between a husband and wife. Separation of a husband and wife generally caused by two things, namely, death and divorce.
The marriage bond is separated by death, is a common thing that we can understand it together. However, the separation between husband and wife can also be caused by divorce. How does Islam organize this divorce? Then, what are the needs to be done by a woman when the breakup happened?
When Should Separated
Separations caused by divorce has the scope of discussion is more extensive than that caused by the separation of death. For that, we need to know some of the issues covered in the scope of the divorce first, before we discuss what things should be done by a woman after a breakup.
A. Definitions and Legal Separations
Separations (الطلاق) according to the language is untied. The word is derived from the meaning lafazh لإطلاق is off and leave. While the law of divorce according to the terms of Personality 'is a break or sever the bonds of marriage. [See trans. Al-Wajiz (p. 627), Fiqh Encyclopedia of Women (II/383), and trans. Subulus Salam (III/12)]
Applicable law on divorce taklifi (loading) of five, namely: [See the description in the Fiqh Encyclopedia of Women (II/383-385)]
Separations law becomes mandatory, if the marriage relationship, the couple often fought. Then a judge sent two of conciliator the two sides to reconcile the two circumstances. However, after the arbitrator see the state of the two, they argue that divorce is the best way for both. Thus, when the husband must divorce his wife. And this situation is almost the same as a husband who dropped iilaa 'when he did not want to reconcile with his wife after a period of' iddah his wife out. Similarly, in the opinion of most scholars.
Legal divorces became mustahab (recommended), when a wife neglects the rights of Allah such as prayer, shaum, and the semisalnya. While the husband does not have the ability anymore to force him or remedy the situation. Separations such as these can also be done when the wife could not keep his honor.
Separations law be permissible (permitted), when the divorce itself is needed. Suppose the husband found his wife's bad character, so that was compounded by her husband. While the husband does not get hope from the goodness of his wife. This relates to the attitude nushuz (crime) a wife against husband, and this issue will be discussed in a separate place, God willing.
Separations law to be makruh, when there is no compelling reason to drop the divorce because the relationship is harmonious. As narrated from 'Amr ibn Dinar radi' anhu, he said, "Ibn 'Umar divorced his wife, then his wife said,' Do you see something that you hate me? '' No, 'he replied. He said, 'Then why are you a Muslim mentalak the honor guard?' 'Amr ibn Dinar said, "Eventually he reconciled with him." [Sunan Sa'id bin Mansur (no. 1099) with a saheeh sanad]
Separations law to be unlawful, when a husband and wife in a state mentalak menstruation or in a state of purity after intercourse. And is called heresy divorce / divorce bid'i, as it will explain below.
B. Divorce law without a Cause
Of Jabir, the Prophet 'alaihis salam was shalatu said:
"Behold, the devil was on his throne the sea. He sent his troops. Satan is the closest position is the greatest temptation. Among them is the report: I have done this temptation. Satan commented: You have not done anything. Came another report: I tease someone, so when I left, he had bepisah (talaq) to his wife. Then the devil took her to sit near him and said: The best of the devil are you. "(Narrated by Muslim, 2813)
In this tradition, the devil praise and thank him for his army service who has successfully tempt people, so both are considered to be divorced without cause in Shari'a. This shows that the divorce of husband and wife were among the preferred evil deeds.
Satan makes his throne above the sea to match the Throne of the Almighty, who is above the water and on the seventh heaven.
Basically divorce is a lawful act. However, this action endeared the devil, because divorce is a major adverse impact to human life. Primarily related to the children and descendants. Therefore, among the negative effects of the magic that Allah mentioned in the Qur'an is split between husband and wife. He said:
فيتعلمون منهما ما يفرقون به بين المرء وزوجه
They learned from them (Harut and chaotic) of magic that can be used to separate a person with his wife. (Surah Al-Baqarah: 102)
continued God willing
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