The way in which Islamic law gives a man the right to divorce a woman he does not like or with whom it is not possible for him to live; In the same way, the wife is given the right to take away from the man she does not like or with whom she cannot live in any way. In this case, there are two aspects of the Shari'ah instruction: one. Ethical aspects, yogurt. Legal aspects.
The moral implication is that, whether men or women, the power to divorce or to divorce should be used only as a last resort. Divorce and divorce should not be turned into toys just for the sake of sex. The instructions of the Prophet (peace and blessings of Allaah be upon him) have been stated in the books of hadeeth.
Verily, Allh does not like the taste-seekers and the taste-seekers at all. God has repeatedly cursed the free sex workers by following the path of divorce. The curse of Allah, the angels and the human race is upon the woman who takes refuge in her husband without any fault or excess. The women who turn the open into a toy are hypocrites.
But the law, whose job it is to determine the rights of the individual, does not discuss morality; Just as it gives a man the right to divorce on the condition of being a husband, it also gives a woman the right to open up on the condition of being a wife, so that both parties can get rid of the marriage bond if necessary and neither party is left in such a state that Not so, but the marital relationship is a danger. One is imprisoned with another just because there is no way to get out of this prison.
Now the question is, who among the husband and wife can abuse their power? In this case, the law imposes reasonable restrictions as far as possible. But the use of power in a just or unjust manner depends a lot on the self-verification power of the power user, his honesty, justice and fear of Allah. He and no one other than his God can judge that he is using this power only for the purpose of free sex, or that he has a legitimate need to use this right. Once the law gives him his due, he can only impose the necessary restrictions on him to prevent him from abusing it.
You have seen in the discussion of divorce that the man has been given the right to separate from his wife and various conditions have been imposed on him. For example, he has to bear the loss of what he has given to his wife in the form of mohrana, he cannot divorce during menstruation, he can divorce one by one in every tuhr, he has to keep his wife in his house during the waiting period. Then when he gives three divorces, he will not be able to remarry this woman except Tahlil. Similarly, in addition to giving the wife the right to be free, a number of conditions have been imposed on her, which are fully explained in this short verse of the Qur'an.
It is not lawful for you to take back anything from what you have given to your wives at the time of divorce. But if they both fear that they will not be able to keep the limits set by Allah, then this is a unique situation. If you fear that the husband and wife will not be able to live within the limits of Allah, then there is no fault in the wife if she is freed from the bond of marriage by paying some exchange.
It is necessary to take shelter of the opening in such a situation when there is a danger of transgressing the limits of Allah. The words ‘fala junaha alaihima’ imply that although ‘open’ is an evil thing, such as divorce is an evil thing, there is nothing wrong with opening it when it is feared that the limits set by Allah will be exceeded.
When the wife wants to be free from the marriage bond, she also has to accept financial loss, just as the husband has to accept financial loss if he divorces voluntarily. If a man divorces his wife voluntarily, he cannot take back even a small amount of money from her as dowry. If the wife seeks divorce, she may be separated from her husband by returning part or all of the money she received in the form of mohrana.
434.907 SRY