Rafed English



2505. A man who divorces his wife must be adult and sane, but if a boy of ten years of age divorces his wife, precaution must be exercised. Similarly, a man should divorce of his own free will, therefore, if someone compels him to divorce his wife, that divorce will be void. It is also neccesary that a man seriously intends to divorce; therefore, if he pronounces the formula of divorce jokingly, the divorce will not be valid.

2506. It is necessary that at the time of divorce, wife is purified from menstruation and abortion, and that thy husband should not have had sexual intercourse with her during that period.

2507. It is valid to divorce a woman even if she is in menstruation or abortion in the following cirscumstances:
(i) If the husband has not had sexual intercourse with her after the marriage.
(ii) If it is known that she is pregnant. And if this fact is not known and the husband divorces her during the menstruation, and he comes to know later that she was pregnant, that divorece will valid, and as a recommended precaution he should divorce her again.
(iii) If due to the husband's absence or imprisonment, he is not able to ascertain whether or not she is purified from the menstruation or abortion. But in this case, as an obligatory precaution, man must wait for at least one month after separation from his wife and then divorece.

2508. If a man thinks that his wife is purified from the menstruation and divorce her, but it transpires later that at the time of divorce she was in a state of menstruation, the divorce is void. And if he thinks that she is in a state of menstruation and divorces her, and it is later known that she was purified, the divorce is in order.
2509. If a person who knows that his wife is in menstruation or abortion, he is separated from her, like when he proceeds on a journey, and wishes to divorce her, he hould wait till such time when he becomes sure that his wife must have become pure from her menstruation or abortion. Therafter, having known that she is pure, he can divorce her. And if he is in doubt he will act according to rule no.2507 for precaution.

2510. If a man who is separated from his wife wishes to divorce her and can acquire information as to whether or not she is in a state of menstruation or abortion, even if that information is based on her habit, or any other signs known in the Islamic Law, if he divorces her and later finds out that his information was wrong, the divorce will be void.

2511. If a man has sexual intercourse with his wife during her pure period, and then wishes to divorce her, should wait till she enters into the menstruation again and becomes pure. But if the wife has not completed her ninth year, or if she is pregnant, she can be divorced after sexual intercourse. The same rule applies to a wife in menopause. The meaning of menopause has been explained in rule no.2455).

2512. If a person has sexual intercourse with a woman during her pure period and divorces her during the same period, and if it transpires later that she was pregnant at the time of dioverce, the divorce will be void. As a recommended precaution, he shoul divorce her again.

2513. If a person had sexual interourse with his wife during her purity, and then separated from her, like, if he proceeded on journey and wishes to divorce her then, not knowing whether she is pure or not, he should wait till such time when the wife enters into a state of menstruation and becomes pure once again. And, as an obligatory precaution, this period should not be less than one month.

2514. If a man wishes to divorce his wife who does see blood of the menstruation at all by habit or because of some disease, while other woman of her age habitually see the menstruation, he should refrain from having sexual intercourse with her for three months from time of he has had the intercourse, and then divorce her.

2515. It is necessary that the formula of divorce is pronounced in correct Arabic using the word aliqu_; and two just (Adil) persons should hear it. If the husband wishes to pronounce the formula of divorce himself and his wife's name is, for example, Fatima he should say: Zawjati Fatima Taliqu (ie, my wife Fatima is divorced) and if he appoints another person as his agent to pronounce the formula of divorce, the agent should say: Zawjatu muwakkili Fatima Taliqu (Fatima, the wife of my clint is divorced). And if the woman is identified, it is not necessary to mention her name. And if the husband cannot pronounce divorce in Arabic, or cannot find an agent to do so, he can divorce in an language using the words of the same meaning as in Arabic formula.

2516. There is no question of divorce in the case of a woman with whom temporary marriage is contracted, for example, for one month or one year. She beomes free when the period of her marriage expires or when the man forgoes the period of her marriage by saying: (I hereby exempt you from the remaining time of marriage), and it is not necessary to have a witness nor that the woman should be purified from her menstruation.

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