Basic Concept of Divorce According to Islamic law

The Basic Law and Divorce

Basically the aim of marriage is for ever, but it sometimes causes a particular result in a marriage can not be forwarded, so the road should be decided or forced to drop out by itself, or in other words going divorce between a couple. Divorce in terms of experts fiqih called "talaq" or "furqoh". Talaq means a bond, bond cancel the agreement. Furqoh means of disengagement opponents to gather. Then the second word is the term used by experts fiqih means that divorce between the husband-wife.

As for divorce in terms of experts fiqih with a divorce. Divorce word in the language comes from the arab word talaqa-yataliqu-talaqan meaningful release or analyze strap, meant to remove the concrete, such as a rope horse and abstract such as wedding strap. The word divorce is isim this same with tahliq meaningful irsal and tarku release and that is leaving.

Meanwhile, according to divorce syara 'is unstrap husband-wife ties a legitimate by the husband with a certain pronunciation or the same position then and or future.

As both husband and wife truck can not reach these goals separate result in two families. Because of the absence of agreement between husband and wife, then with the justice of Allah SWT be opened is a way out of any difficulty that the door divorce.

Polygamy and divorce is only permitted, when in an emergency. For example, the husband does not support, because there are some notable scholars such as Imam Malik, Imam asy-Syafi'i and Imam Ahmad, which allows a separation between husband-wife decision-making through the Judges, when the husband does not support, that is when the wife part itself that demands a divorce , while the husband is not have a real treasure. Them quite a lot of reasons, the author may not mention all here.

Crisis household and grown desperate situation with ittikad well and for the serious or islah reconciliation between husband and wife. But does not include successful business hakam two of the Court. So Islam gives the exit: "Divorce" that still means the divorce is still possible raj'I husband refers to wife in the iddah. Because as the "Cooling Period (settling time)" to contemplate divorce bad for both families.

Al-jaziriy in his Al-fiqh 'Ala Al-Mazahib-Arba'ah give the definition of divorce or marriage canceled reduced ties with the special pronunciation.

Meanwhile, As-Sayyid Sabiq fiqh in his As-Sunnah defines the divorce is decided mengakhirkan wedlock and a husband wife relationship.

Aliman Taqiuddin in his divorce kifayatul Akhyar defining the language is a bond release and let loose, therefore it is said that camels loose. This means that a camel is left tergembala where daja at will.

The term he devinition divorce divorce according to the terms is to unleash the marriage bond and divorce is lafaz jahiliyah that after Islam came to set lafaz the release as word marriage. Evidence-proof of divorce is based on the Book of Al-, As-Sunnah, and Ijma 'religious experts and ahlus Sunna.

From some comments on the divorce, it can be taken understanding that the divorce is mentalak or escape from the bonds of marriage that have waiting period ( 'iddah) for the wife if the husband is no longer so exhausted merujuknya the wait around, it is not lawful for the husband to related akad nikah except with a new one.

When the bond of marriage is no longer can be maintained, the household that they no longer provide care of a sense of peace to the couple husband and wife and the husband and wife relationship harmony that sometimes arise from the husband and sometimes arise from the wife, while his wife does not have any rights in separation the marriage. But justice for the wives were given the right khulu 'rights or to avoid the shock divorce matters harmful or even dangerous from the husband, and of course must be based on a valid reason. Islam set the procedure for completing such circumstances, the instructions refer to the Al-Qur'an and Al-Hadist.

Basic divorce law in Al-Qur'an, among others:
Allah SWT says in the An-Nisa verse 130:
This means: "If they separate, Allah SWT will give on the adequacy of each of bounty. Allah is knowledgeable (His bounty), the Wise. "

(Q. S. An-Nisa: 130).

Surat Al-Baqarah verse 229:

This means: "divorce (which is referred dapt) two times, after that may be referred to again in a way that ma'ruf or divorce in a way that's good."

(Q. S. Al-Baqarah: 229).

Basic legal divorce in hadist the presented by Abdullah bin Umar that means:
"From 'Abdullah bin Umar ra that he that he had his wife mentalak time period he is in the Messenger of Allah, Umar bin Khattab then ask it to the Prophet SAW, But Rasulullah SAW said:" enjoin him merujukinya, and until he guard Propagation ( period of the menstrual ago Propagation ago). " After that if Ibn Umar like guard and still maintain that love thalak seclude before dikumpulinya, iddah it is for women who are gods SWT. "

(H. R. Bukhari Muslim)

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Term Personality Islam

Islamic personality has a series of human behavior, both as individuals and being social organism, which normal derived from the teachings of Islam, which comes from Al-Qur'an and as-Sunnah.From both sources, the experts attempted to reveal berijtihad forms of personality according to the teachings of Islam, so that the forms are implemented by muslim people. Islamic personality formula here is deductive-normative reference for which the Muslims to behave. Because that is the deductive-normative personality here believed in Islam as a concept or theory of the ideal personality, the "should" be done by embraces Islam.

Second, Muslim Personality has a range of behavior people / Muslims concept be extracted from the behavioral research in a live.Formulation of the personality Muslims here are practical-inductive, because the source of the results of research on people's daily behavior / Muslims. May be found in research that (1) pattern, the ideal personality, because personality is the implementation of the teachings of religion, (2) pattern the deviant (anomaly), because the behavior that is displayed contrary to the teachings of religion, even Muslims themselves berpredikat. In this context, the deterioration of crime or the behavior / Muslims can not generaly that the teachings of Islam is bad and evil. That is, the personality of a Muslim, not necessarily reflect the personality of Islam

Perception (picture) about the private Muslim community is different. Even understanding that many so narrow as though time is reflected by the Muslims who diligently run only from the aspect of Islam ubudiyah. In fact it is just one aspect of it and many other aspects that should be inherent in the time a Muslim. Therefore, the standard time based on the Muslims of the Holy Qur'an and Sunnah is something that should be formulated so that they can become a reference for the establishment of private Muslim. When simplified, there are at least ten characters or characteristics that must be inherent in the private Muslim.

Salimul Aqidah (Aqidah the net)
Salimul Aqidah is something that should be on every Muslim. Aqidah with a net, a Muslim will have a strong bond with Allah SWT. With a strong bond that he will not deviate from the road and conditions him. With the cleanliness and stability Aqidah, a Muslim akan submit all deeds to God as His word which means
"Verily my shalat, all my ibadat, life and death, are for Allah, the Lord of hosts."
(QS Al-An'am [6] : 162) (QS Al-An'am [6]: 162)
Aqidah ogbes because that is something that is very important, in the early da'wahnya to the Companions in Mecca, the Prophet SAW Aqidah guidance, faith and nation.

Shahihul Ibadah (Worship the right)

Shahihul worship is one of the Prophet SAW that are important. Haditsnya In one, he said: "Shalatlah see you as I pray." From this expression it can be concluded that in conducting liturgy each must be referred to the Sunna of the Messenger SAW means that there can be no element of the addition or subtraction.

Matinul Khuluq (Morals of solid)
Matinul khuluq the attitudes and behavior that must be owned by every Muslim, whether in relation to God and with the beings He. With a noble character, man will be happy in life, both in the world especially in the Hereafter.
So important because it has a noble character of mankind, the Prophet SAW sent to edify and he himself had to cite us a magnificent morals so enshrined by Allah SWT in the Holy Qur'an.

Qowiyyul Jismi (physical strength)

Qowiyyul jismi is one of the time that there must be Muslims. Physical strength means a Muslim has a resistance so that the body can perform optimally in the teachings of Islam with a strong physical. Prayer, fasting, zakat and Hajj is a practice in Islam which should be carried out with a physically healthy and strong. Moreover, struggled in the way of God and forms of struggle other.

Therefore, the physical health care must be a Muslim and prevention of disease is far more than primary treatment. Nevertheless, we remain ill as something reasonable if it sometimes occurs. But not until a Muslim ill-weakly. Because physical strength is also an important, then the Messenger of Allah SAW said that means "strong believer that I love more than the weak believer (Muslim HR.)

Mutsaqqoful Fikri (intellect in thinking)

Mutsaqqoful fikri is one of the time that Muslims are also important. Therefore one of the nature of the messenger is fatonah (intelligent). Al-Qur'an also reveals many verses that stimulate people to think, for example, the word of God:

This means: They ask thee concerning wine [136] and gambling. Say: "In both there is a great sin and some benefits for mankind, but sin is greater than the benefits." and they ask you what they spend. Say: "more than a necessity." Thus Allah maketh plain His revelations unto you that ye may think,

(QS Al-Baqarah [2]: 219)

In Islam, there is no single act that we must do, but must begin with the thinking activity. Therefore a Muslim must have the Islamic perspective and the broad scientific. Can be, how it is without danger to get a mature consideration of thought first.

Therefore God give us the levels of intelektuality someone, as the word of God

This means: (O ye idolaters that more people are lucky), or people who worship in the night-time with prostrate and standing, is it fear (punishment) of the Hereafter and expect the mercy of his Lord? Say: "Are the same people who know and those who do not know?" Indeed, people who can receive berakallah lessons.

(QS Az Zumar [39]: 9)

Mujahadatul Linafsihi (struggle against carnal lust)

Mujahadatul linafsihi is one of the personality which must have a Muslim on the self because every human has a tendency on the good and the bad. Carry on the trend of the good and avoid the bad is very demanding of seriousness. Seriousness, when there would be someone in the struggle against carnal lust. Carnality of self in every human effort must be subject to the teachings of Islam. Rasulullah SAW said which means: "Do not believe someone from you so that it makes sex sensuous follow what I take (the teachings of Islam)"

(HR. Hakim)

Harishun Ala Waqtihi (genious keep time)

Harishun ala waqtihi is an important factor for people. This is because the attention of so many of God and His Messenger. Allah SWT many swear on the Koran in the name of the time such as wal fajri, wad dhuha, wal beautiful, and so wallaili.

Allah SWT to give time to people in the same amount, ie, 24 hours a day for the night. From the time of 24 hours, there is a human and not a few lucky people the losers. Therefore, an appropriate motto that says: "It is better to lose hours of lost time." Time is quickly passed and will never return again.

Therefore, every Muslim is very clever to be charged with managing time well, so time passed with the use of effective, nothing futile. But among the disinggung by the Prophet SAW is using the momentum of five things before five things come, namely the time of life before death, well before the illness, before the young, old, unoccupied and occupied before the rich before the poor.

Munazhzhamun fi Syuunihi (in a regular business)

Munazhzhaman fi syuunihi including a Muslim personality is emphasized by the Qur'an and Sunna. Therefore, in Islamic law, both related to the problem ubudiyah and muamalah must be completed and implemented well. When a matter is handled together, the required cooperation with the well so that God's love into him.

In other words, a business must be done professionally. Whatever that is, always be professional. Serious, vibrant, sacrifice, and development-based knowledge is a matter that must receive serious attention in penunaian tasks.

Qodirun Alal Kasbi (have the ability to own a business / self)

Qodirun alal kasbi is one of the others that there must be a Muslim in the self. This is something that is very necessary. Maintain the truth and fight the new straighten could have done when someone, especially in terms of self-reliance economy. Some give up the principle that someone has dianutnya because they did not have autonomy in terms of the economy. Because time is not necessarily poor Muslims, a Muslim may indeed be rich even richer so that he can fulfill the Hajj and Umroh, charity, infaq, shadaqah and prepare a better future. Thus the search for living very much in the Koran and the hadith, and it has a very high virtue.

In this regard, creating a Muslim autonomy very skills have claimed what is good. His expertise will be obtained for rizki because of Allah SWT. Provision which God has provided and must be taken to take necessary skill or skills.

Nafi'un Lighoirihi (useful for Others)

Nafi'un lighoirihi is a claim to every Muslim. Benefit is of course the benefits of good so that wherever he is, people feel the presence around. Do not up to the existence of a Muslim does not menggenapkan and ketiadaannya not mengganjilkan

This means that every Muslim should always be thinking, and trying to prepare himself as closely to be useful and take a role in the community. In this regard, the Prophet SAW said means: "The best man is the most useful for other people" (HR. Qudhy from Jabir). 47

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Basic Concept of Divorce According to Islamic law

The Basic Law and Divorce

Basically the aim of marriage is for ever, but it sometimes causes a particular result in a marriage can not be forwarded, so the road should be decided utau is forced to drop out by itself, or in other words going divorce between a couple. Divorce in terms of experts fiqih called "talaq" or "furqoh". Talaq means a bond, bond cancel the agreement. Furqoh means of disengagement opponents to gather. Then the second word is the term used by experts fiqih means that divorce between the husband-wife.

As for divorce in terms of experts fiqih with a divorce. Divorce word in the language comes from the arab word talaqa-yataliqu-talaqan meaningful release or analyze strap, meant to remove the concrete, such as a rope horse and abstract such as wedding strap. The word divorce is isim this semakna with tahliq meaningful irsal and tarku release and that is leaving.
Meanwhile, according to divorce syara 'is unstrap husband-wife ties a legitimate by the husband with a certain pronunciation or the same position then and or future.
As both husband and wife truck can not reach these goals berpisahnya result in two families. Because of the absence of agreement between husband and wife, then with the justice of Allah SWT be opened is a way out of any difficulty that the door divorce.
Polygamy and divorce is only permitted, when in an emergency. For example, the husband does not support, because there are some notable scholars such as Imam Malik, Imam asy-Syafi'i and Imam Ahmad, which allows a separation between husband-wife decision-making through the Judges, when the husband does not support, that is when the wife fihak itself that demands a divorce , while the husband is not have a real treasure. Them quite a lot of reasons, the author may not mention all here.
Crisis household and grown desperate situation with ittikad well and for the serious or islah reconciliation between husband and wife. But does not include successful business hakam two of the Court. So Islam gives the exit: "Divorce" that still means the divorce is still possible raj'I husband refers to wife in the iddah. Because as the "Cooling Period (settling time)" to contemplate divorce bad for both families.
Al-jaziriy in his Al-fiqh 'Ala Al-Mazahib-Arba'ah give the definition of divorce or marriage Gugurnya reduced ties with the special pronunciation.
Meanwhile, As-Sayyid Sabiq fiqh in his As-Sunnah defines the divorce is decided mengakhirkan wedlock and a husband wife relationship.
Aliman Taqiuddin in his divorce kifayatul Akhyar defining the language is a bond release and let loose, therefore it is said that camels loose. This means that a camel is left tergembala where daja at will.
The term he mendifinisikan divorce divorce according to the terms is to unleash the marriage bond and divorce is lafaz jahiliyah that after Islam came to set lafaz the release as word marriage. Evidence-proof of divorce is based on the Book of Al-, As-Sunnah, and Ijma 'religious experts and ahlus Sunna.
From some comments on the divorce, it can be taken understanding that the divorce is mentalak or escape from the bonds of marriage that have waiting period ( 'iddah) for the wife if the husband is no longer so exhausted merujuknya the tunggunya, it is not lawful for the husband to related akad nikah except with a new one.
When the bond of marriage is no longer can be maintained, the household that they no longer provide care of a sense of peace to the couple husband and wife and the husband and wife relationship harmonisan that sometimes arise from the husband and sometimes arise from the wife, while his wife does not have any rights in separation the marriage. But justice for the wives were given the right khulu 'rights or to avoid the shock divorce matters harmful or even dangerous diriya from the husband, and of course must be based on a valid reason. Islam set the procedure for completing such circumstances, the instructions refer to the Al-Qur'an and Al-Hadist.

Basic divorce law in Al-Qur'an, among others:

Allah SWT says in the An-Nisa verse 130:

This means: "If they separate, Allah SWT akan memberika on the adequacy of each of limpahan karunianya. Allah is knowledgeable (His bounty), the Wise. "

(QS An-Nisa: 130). 9

Surat Al-Baqarah verse 229:
This means: "divorce (which is referred dapt) two times, after that may be referred to again in a way that ma'ruf or divorce in a way that's good."

(QS Al-Baqarah: 229). 10

Basic legal divorce in hadist the diriwayatkan by Abdullah bin Umar that means:

"From 'Abdullah bin Umar ra that he that he had his wife mentalak time period he is in the Messenger of Allah, Umar bin Khattab then ask it to the Prophet SAW, But Rasulullah SAW said:" enjoin him merujukinya, and until he periharalah Propagation ( period of the menstrual ago Propagation ago). " After that if Ibn Umar like periharalah and still maintain that love menceraikannya seclude before dikumpulinya, iddah it is for women who are gods SWT. "11

(HR Bukhari Muslim)

From the various opinions of the scholars, it can be concluded that divorce law can be divided into five categories, namely: Divorce sometimes mandatory, ie, when going syiqaq, (tig) between husband and wife. And sent two people hakam (peace), but the two people hakam that failed in business and there is no way other than divorce, then when it compulsory overturn divorce. That impose Makruh divorce without sabab musabab. Mubah or may be when there is a need, such as association with a less good wife. Sunah if the wife is no honor guard (basket-eyed) and has been given no advice but diacuhkan. Iif the divorce never throw divorce when the wife in a state of menstruation or in a state of purity, but after the mixed .
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