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.
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:
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