Part 10

The above-fabricated khabar is promoting Catholicism in Islam, because in the Catholic faith divorce is extremely difficult or totally forbidden.

This hadith even though it is widespread is classified weak by the scholars of Hadith. Even though divorce is allowed in Islam it becomes Haraam when there is no need for it ie. in the case where both husband and wife are compatible and are living happily together in love and harmony.

There are two types of divorce, Sunnee i.e. in accordance with the Sunnah of the Holy Prophet 2 and Bid’ee ie. a divorce conducted against the Sunnah of the Prophet 2%. Divorce Bid’ ee is to divorce a woman while she is menstruating or to say to a woman I divorce you, I divorce you, I divorce you three times in one go in the same sitting. If a man divorces his wife while she is menstruating he has to take her back and wait for her to finish her menstruation and after she takes a bath and becomes clean he is now allowed to divorce her without cohabiting with her. If he cohabits with her, then divorces her he is being sinful.

Whenever a man divorces his wife while she is menstruating even though he is obliged to take her back it is still counted as one divorce. So he has two chances left to divorce his

As for the man who divorces his wife three times in one sitting by saying I divorce you three times, there is big confusion and dispute among the scholars as to whether or not it should be counted as one or three divorces. Those who hold the opinion that it should be counted as three divorces also hold the opinion that the wife becomes haraam for her husband until she marries another man who will cohabit with her, and if she gets a divorce from the second husband, only then can the first husband remarry her with a new dowry and two witnesses. This is the opinion of the four great Imams, some Sahaabahs and scholars like Umar (ra) and Aisha (ra).

The other opinion states that if a man should pronounce three divorces on his wife in the same sitting; it is counted as one only. This is the opinion of Ibn Abbaas (ra), Ali (ra) as well as Ibn Taymiyya Jafar As-Saadiq, Muhammad al-Baaqir and the pupil of Ibn Taymiyya Ibn ul-Qayyim.

There is no doubt that the most accurate opinion on this matter is that of Ali (ra) and his cousin Ibn Abaas (ra). This is so because their evidence is stronger than those who hold the opposite view. Among their evidence is the hadith found in Muslim where Abu al-Sahba (ra) said to the Prophet’s Bae cousin Ibn Abbaas (ra): “Do you know that three divorces were treated as one during the lifetime of Allah's Apostle 3% and during the caliphate of Abu Bakr and during three years of the caliphate of Umar? Ibn Abbaas said yes. 797

Since the Holy Prophet 2 used to count three divorces in one sitting as one divorce, we should do the same today because Allah 3% said:

“And whatsoever the Messenger gives you take it and whatsoever he forbids you abstain from it.”*

To impose on the Muslims the opinion that three divorces in one sitting is irrevocable is unwise. And such people are seeking to advance the argument that they know the Deen more than Allah’s Messenger 23 It is for this reason Ibn Abbaas (ra) and Ali (ra) championed the opinion that it’s counted as only one divorce. Also we are living in the last days where people are lacking in imaan; consequently they have very little control over their tongue. So if we should go by the first view that three divorces in one sitting is counted as three instead of one, this will lead to the disintegration of the Muslim family structure.

The divorced woman has to wait three menstruations before she can remarry. If she is pregnant then her Iddah (waiting period) is until she delivers. If her husband divorces her before cohabiting with her then she has no Iddah. If she divorces her husband with Khula i.e. by returning the dowry her Iddah is one menstruation. Her Khula has to be performed by an Imam or a scholar. The Iddah of a widow is four months and ten days.

If a man should say to his wife I divorce you jokingly it

is still counted as one divorce. Thus divorce is a grave matter, which we are not allowed to play with. Hence the Holy Prophet 25 said: “Three things should always be taken serious whether they are said in earnest or jest, the wedlock, the divorce and the emancipation. ”*?

As I have mentioned previously it is not right for two Muslims to divorce from each other if there is love and compatibility in the marriage. In regards to this the Holy Prophet 225 has said: “If any woman asks her husband for a divorce without some strong reason, the fragrance of Paradise will be JSorbidden for her.”

The same ruling goes for the husband who divorces his wife without a valid reason. A woman divorcing her husband for a valid reason includes:

1. She is divorcing him because she was forced by her parents to marry him even though she expressed that she has no feelings for him.

2. She is divorcing him because he beats her harshly continuously.

3. He is lazy and refuses to provide.

4. She is divorcing him because he is evil in character e.g. he smokes, drinks, gambles, watches porn material, commits adultery, takes drugs, abandons his salah etc.

The Holy Prophet 32 never used to visit a sick person until after three days.

Related by Ibn Asaakir 16/226 and classified fabricated by Ibn

Beware of zina (unlawful sexual intercourse) for verily it results in six evil consequences, three of which occur on earth while the others occur in the hereafter. As for those that occur on earth they are:

1. It takes away radiance from your face.

2. It breeds poverty.

3. It causes your sustenance to decrease.

And as for those that will occur in the hereafter they are:

1. It brings down the wrath of the Lord.

2. It makes one’s reckoning become difficult.

3. It causes one to abide in the heli-fire forever.

Related by Abu Na’eem and classified fabricated by Ibn Jawzee.

The message of this hadith is accurate except for one fault; the sentence that states that zina causes someone to be in the hell-fire forever. This is the aqeedah of the Khawaarij. There is no Sahaabah or classical scholar past or present that holds the view that fornication or adultery causes a person to be in the hell-fire forever.

In regards to this Allah 3% said:

“Verily Allah doesn’t forgive the crime of worshipping false deities but He forgives anything other than that to whom He pleases."

Hence the person who commits zina is still a Muslim. He becomes a Kafir only if he claims that zina is halaal. Since he is still a Muslim he cannot be in the hell-fire forever because the Holy Prophet 25 said: “He who has the smallest particle of Zman in his heart will be taken out of the hell-fire.’"”

According to the aqeedah of Ahlus Sunnah Wal Jamaa’ah we do not pronounce a Muslim Kafir for his sin unless he pronounces his sin lawful. However, there are certain crimes that are so grave; the moment the person commits one of these crimes he or she becomes a Kafir, even if they didn’t intend to become a Kafir.

For example, to work magic, to sleep with one’s father’s wife, to insult Allah 3%, His Messenger 2 or the Holy Qur’an (in earnest or jest), or to replace the Shariah with manmade laws. In regards to the Shariah Allah 3% said:

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“Those who do not govern by what Allah revealed verily they are Kafirs.”!”

There are some Muslims today who claim that this verse means disbeliever of a lesser degree, thus the person who dismantles the Shariah is not really a disbeliever because to dismantle the Shariah is a minor issue, a minor kufr. We refute them by saying a person is either a Muslim or a disbeliever, hence there is no such thing as a disbeliever of a lesser degree. This is bid’ah in regards to aqeedah, the worst form of bid’ah. If to dismantle the Shariah was minor kuff, as they would like all Muslims to believe, why did Allah 3% find it necessary to turn the Jews into apes and swine when they tampered with their Shariah in regards to the Sabbath. The Shari’ah of Muhammad 28 is more valuable than the Shari’ah of Musa **<#!\so to dismantle it is major kufr (disbelief) that makes someone become a kafir. The people who are promoting the aqeedah that to dismantle the Shari’ah is kufr doona kuff i.e. minor kufr they themselves have become Kafirs for saying this. Are they trying to insinuate that Allah 3% is an oppressor and Allah 3% was overreacting when he turned the Jews into apes and swine for tampering with the Sabbath.

The reason why I said earlier that most of the message in this fabricated hadith is true is because Ibn ul-Qayyim has made mention of these evil consequences of sins in his book Al Jawaab Al-Kaafee page 98-101.

We can see for ourselves that in any society in which zina becomes widespread there are always a lot of street children living in poverty without parents e.g. South America, Africa, North America, Far East Asia etc.

Additionally Allah 3% said about the fornicator:

If the fornicator makes taubah he will be forgiven but if he makes it halaal and refuses to make taubah; he will abide in Hell forever.