Is Divorce and Refer Must Be Witness?

Question:

I want to ask you some things about the household. Hopefully Ustadz deign to answer a scientific / shar 'i. I hope this will be beneficial for me and anyone who might one day experience.

How divorce is done without any witnesses? The statute is valid or not? What about when it will be reconciled? Whether there is need for witnesses to legitimate or not? Then, when one divorce already exhausted its prescribed period and there is no reconciliation, how her marital status? Ustadz Thus my question, hopefully Ustadz deign to answer.

Answer:

No Muslim wants to break his home life. All ways and tips sought to maintain the household ark. If it is not possible except with a parting on good terms, then what may make, a difficult step and bitter it must also be taken. Islam gives a beautiful rule in this case with mensyariatkan talaq (divorce), reconciliation (peace be reunited), and the prescribed periodinto three: two with reconciliation, that is one divorce and two and one without reconciliation, that triple talaq or divorce ba'in , as the word of God,

الطلاق مرتان فإمساك بمعروف أو تسريح بإحسان

"Separations (which can be referenced) it twice. After that, may refer again in a way that ma'ruf or divorce in a good way. "(Surat al-Baqarah: 229)

The scholars agreed that the presence of witnesses is not disyariatkannya in divorce, as Imam Ash-Syaukani described in the book Nail Al-Authar, 6:267. However, scholars still disagree about the obligation of a witness in the reconciliation. Rajih opinion in this case is that argued that the witness is not mandatory, but if there were no witnesses then it's better.

The scholars, who do not require a witness in the reconciliation, refer to disagree in a way that recognized the Shari'a. Some claimed that simply by having a husband and wife, there are states that must be reconciled with the intention, and there are states that have the words. Rajih opinion is legitimate to say that reconciliation with the deeds or words that show rujuknya two couples, both husband and wife relationship or words. It menyelishi opinion some Muslims that reconciliation requires a convoluted procedure, so people who do not even wish to refer to refer only because the procedure.

Islam mensyariatkan iddah (waiting period) so that the husband can be corrected back talaknya, having lost a sense of anger and dislikes and then emerge feeling of wanting to improve the ark. Therefore, the husband drove his wife banned from the house, and the divorced wife is to divorce one or two are also not allowed to go to live outside his house.This is clearly affirmed God in His word,

يا أيها النبي إذا طلقتم النساء فطلقوهن لعدتهن وأحصوا العدة واتقوا الله ربكم لا تخرجوهن من بيوتهن ولا يخرجن إلا أن يأتين بفاحشة مبينة وتلك حدود الله ومن يتعد حدود الله فقد ظلم نفسه لا تدري لعل الله يحدث بعد ذلك أمرا

"O Prophet, when you divorce your wives so be ye divorce them when they can be (against) iddahnya (reasonable), calculate the time it idda and fear Allah, Rabbmu. Do you remove them from their homes and let them not (allowed) out, unless they do evil deeds are light. That the boundaries of God. Anyone who violates the boundaries of Allah, he indeed do wrong against himself. You do not know that God entered into after that perhaps something new. "(Surah Ath-talaq: 1)

If God wanted to give a sense of reconciliation in the heart of the husband in the idda h is then the wife is obliged to accept it even though he did not like. However, if there is no reconciliation until the expiration of the waiting period was then she became free and no attachment to her husband's past.

If the two agreed to re-unite after the wedding the newly required to do. This is the consensus of the scholars, as the statement of Ibn Hajar in Fathul Bari, "The scholars agreed that if an independent man to divorce an independent woman after sexual relationships, either one divorce or two, then the husband is more entitled to refer to him even though the women do not like. If not refer to complete the iddahnya then she becomes a stranger (ajnabiyah), so it is not lawful for him, except through a new marriage. "

Thus the answer from us, hopefully useful.

Sources: Marriage Magazine, Vol. 3, No. 12, March, 2005

Posted in: islamic article