THALAQ IN ISLAM

8/6/2019 THALAQ IN ISLAM

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THALAQ IN ISLAMA. Understanding THALAQ in IslamTHALAQ word comes from the 'Arab namely: - : separated from her husband and had abandoned her husband. Thaliqan plurality isThullaqun and Thawaliqun plurality is thawaliqun. Who let the point is the release of people who maintain it. " In the Fiqh Sunnah THALAQ word is mentioned as follows:

risoners ... ...?. That is if you untied and sent him. " Abdul Rahman Al-JaziriyTHALAQ give the following definition: "THALAQcertain lafadz." The definition according to Sayid Sabiq THALAQ in Fiqh Sunnah

as follows:, "THALAQ according to the term PersonalitySabiq THALAQ stressed that the notion that the consequences of these THALAQ, isopening again and break the bonds of marriage (dissolution) the relationship ofhusband and wife who previously had coached them. They are no longer bound by t

he words spoken by the husband during marriage ceremony creates. So the husbandand wife let go of its responsibilities if it is with lafadz THALAQ or with thedivorce and also with appreciation that aims to release his wife. While in the book there is mention of Al-Mahalliy THALAQ definition as follows:

nality 'is to open a binder of wedlock with lafadz THALAQ or that for instance".With this understanding nampaklah that THALAQ is a wedding speech to open the rope and let go of his wife from their responsibilities. In the book of Al-Akhwalusy dlam Syakhsyiah also exists in the state of THALAQ definitions are: or in the days to come with the subscription of lafadz THALAQ or the same word

with him. In a sense it is clear that THALAQ is a means (tool) to open marriage.In this way there are two, namely dropping THALAQ directly or in suspend for th

e future. Thus it is understandable that in the mean by THALAQ is releasing or dissolving the marriage between husband and wife, both are directly at it or forthe future when that will come with lafadz THALAQ or that convey the same with him as with a gesture or writing. After the authors propose the sense THALAQ certainly not independent of the verses pertaining to THALAQ among others: rces (which can dirujuki) twice. after that may refer to again in a way that ma'

ruf or divorce with a fine. not lawful for you to take back something from whichyou have given them, unless they worry will not be able to run the laws of God.if ye fear that they (husband and wife) can not execute the laws of God, then t

here is no sin on either of them given by the wife pay to redeem himself. That the laws of God, You shall not break them. Any person who violates the laws of God they That people who do wrong. In the As-Shabuniy commentary explained that asbabun nuzul paragraph above are as follows: "It is reported that the people of ignorance do not have the numbers THALAQ, they menthalaq with his wives as he pleased. If the iddah woman was nearly exhausted, then dibujukinya again. At the time of the Prophet Muhammad himself had ever happened to a husband who accidentally menthalaq his wife by telling his wife "I will not sleep with you but I willnot let you off", she asked "did you mean ...?" He replied "I THALAQ but if you

iddahmu I was about to run out merujukimu again, then she would report this to the Prophet went down this verse. The description above meberi THALAQ in the sense that God is THALAQ syari'atkan committed husband and the husband may well notrefer back to his wife after the first THALAQ. Similarly THALAQ two, the right to refer only found in THALAQ one and two only. This is based on the Word of Godin surah Al-Baqarah as follows:d divorces it is no sin for both (the former first husband and wife) to kawn back if they believe will be able to run the laws of God. That's the laws of God who explained these things to you who want to understand ". The above verse explains that the husband who has menthalaq THALAQ his wife with three, then the husband should not refer again except after ex-wife had married another man who laterdivorced him and has expired iddahnya. Word of God in At-THALAQ letter which re

ads as follows: m when they can (face) iddahnya (reasonable) and calculate the time it wants tohave intercourse ... ... Based on the understanding of the above verse can be ar


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gued that the husband should menthalaq his wife in a state of pure, so it does not hurt for his wife with the increased length of iddah. After the authors propose a few paragraphs about THALAQ, following the author suggests some hadiths relating to THALAQ among others: Word of the Prophet Muhammad: : "From ibn Umar RA who said: Messenger of Allah SAW said: the act lawful in the

most hated by Allah are THALAQ". Word of the Prophet Muhammad: "From abi RA Hurayrah who said: Prophet Muhammad said: three case sincerity is

considered seriously and really fun of him is considered, namely marriage, THALAQ and reconciliation". Based on a few verses and hadiths that the author pointedout above would be quite clear about the notion THALAQ in Islam.

B. Various kinds THALAQVarious kinds of THALAQ can be viewed from various aspects as follows: 1. In terms of time dropped it, then THALAQ can be divided into three kinds as follows: a. THALAQ Sunniy "THALAQ sunniy is THALAQWord of God in At-THALAQ letter: be ye divorce them at their iddah time." That is if we want to memceraikan wife

, then let divorced before iddahnya. THALAQ categorized it as THALAQ sunniy if they meet four conditions as follows: : a state of menstruating, then thalaqnya not disifati with THALAQ sunniy nor wit

h THALAQ bid 'iy, because iddahnya already known and there is no doubt. For small children and yaisah iddahnya calculated three months and people iddahnya pregnant until she gave birth abortion. Third: that iddah THALAQ on holy days, whichmeans that the husband said that before the arrival of menstruation THALAQ wife,if the blood had stopped menstruating, then enter the sunniy although wife has

not perform ghusl. Fourth: that THALAQ drop it in the sacred time, has not previously interfered nor interfered with the time period before the holy man, because of possible pregnant wife even though her pregnancy is unclear, because it will bring regret. b. THALAQ Bid'iy THALAQ bid'iy namely THALAQ dropped out of theprovisions of the Sunnah, such as a husband menthalaq iaterinya with THALAQ three at once or a husband and wife who are post partum menthalaq or on holy days, but already dicampurinya at the shrine. In case this bid'iy THALAQ legal scholarssay that in put forward in accordance with the following:

nful. And in the opinion of scholars that THALAQ bid'iy jumhur also as THALAQ ".c. THALAQ not sunniy and not bid'iy THALAQ not sunniy and not bid'iy THALAQ is not covered by category THALAQ sunniy nor included THALAQ bid'iy category, for example is: 1) THALAQ imposed against the wife who had mixed 2) THALAQ imposed against the wife who has never menstruation or wife who has been off period. 3) THALAQ imposed against a pregnant wife. 2. In terms of firm and tdaknya words THALAQ used as a greeting, then THALAQ can be divided into two kinds, as follows: a.THALAQ sharih, namely THALAQ using words that are clear and explicit, can be understood as a statement THALAQ or instant divorce say, can not be understood theother. DR. Hasyry Ahmad in his book Al-Akhwalusy THALAQ sharih Syakhsyiah give the following definition: riage ceremony lafadz THALAQ". The lafadz who equated with lafadz sharih besidesTHALAQ words, there are some opinions: Al-Imam Ash-Syafi'iy say that the words

which dipergnakan to THALAQ sharih there are three, namely THALAQ, firaq and Sharah. These three words are mentioned in the Qur'an and Al-Hadith. Medium Imam Malikiah limit sharih lafadz deemed to four lafadz: ana minka, anta anta thaliqun and muthallaqatun". If the husband against his wife by dropping THALAQ THALAQ sharih, then become THALAQ it fell by itself even ifnot intended. b. THALAQ kinayah, ie using words or vague innuendo-Samara. DR.Ah

mad THALAQ kinayah Hasyry gives the following definition: HALAQ or in addition to THALAQ and usually are not restricted to the THALAQ only". Malikiy and Syafi'iy Group believes that THALAQ kinayah idak considered shahexcept with the intention, even though the saying was said by lafadz clear. Thegroup argues that Hanafiy THALAQ with words satire just fall if his intention was but also could be considered to show the meaning THALAQ with regard to the cir

cumstances, it was when the words were spoken innuendo. 3. In terms of whether there is any possibility of revisiting the former husband's ex-wife, then thalakdivided into two kinds as follows: a. THALAQ raj'iy, namely:


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ikumpulinya in nature. As-Shiba'iy in his book Al-Akhwalusy Syakhsyiah said thatTHALAQ THALAQ raj'iy is that for the return of ex-wife to her husband does not

require a contract renewal. THALAQ raj'iy THALAQ only occurs on the first and the second course, based on the Word of Allah as follows: ujuki) twice. after that may refer to again in a way that ma'ruf or divorce in agood way. " b. THALAQ ba'in, namely THALAQ that does not give the right to refe

r to the husband against former wife, to return the former wives into matrimony

with the former husband had to go through a new marriage contract. Sayid Sabiq in Fiqh Sunnah provide THALAQ ba'in definition as follows: THALAQ and THALAQ to ransom by the wife to her husband." THALAQ ba'in there aretwo kinds, namely: 1) THALAQ ba'in shughra, namely that meghilangkan THALAQ ba'

in ownership ex-husband against former wife but does not eliminate the halal former husband to marry again with ex-wife, as an example is THALAQ before dukhul,THALAQ khulu 'and THALAQ shame. 2) THALAQ ba'in kubra, namely ownership THALAQ ba'in which eliminates the former husband of his wife and eliminate halal to marry ex-husband back with ex-wife except after ex-wife marries another man, has been mixed with the second husband and has been fairly divorced and has completed aperiod of iddah. THALAQ ba'in THALAQ kubra occurred in the third. This is in ac

cordance with the Word of God, which reads:

econd) then the woman is not kosher anymore baginyahingga she marries another husband."4. In terms of the THALAQ shighat used can be divided into three kinds: a. THALAQ munjiz, namely: "Which meant a lafadz menthalaq immediately,rson who dropped THALAQ like this, then fell THALAQ immediately. b. THALAQ mudhaf, namely: "A shighatnya lafadz which was based on the fuek I THALAQ". In the book "Legal Guide Syar'iy" dijelasjakan as follows: "Said the wife: thou terthalaq until another year, no full-time terthalaq wives beforementioned. Schools was approved by Ahmad. Abu Hanifah and Malik said: hold on when it is also the wife terthalaq " c. THALAQ mu'allaq, namely: his wife: if you get out of this house, then thou terthalaq". While in the book"Law of Marriage in Islam" by Prof.DR.H.Mahmud Yunus, also presented an exampleof THALAQ mu'allaq is as follows: "If I do not give a living to my wife the ...

... three months in a row and he is not willing then fell thalaqku for my wife." About this has been agreed scholars say fall if things had been said had happened and there is no dispute them.

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THALAQ IN ISLAM