Benefits of Talaaq

*Benefits of Talaaq*

⭕Today's Question no. 984⭕

What are the rules and benefits of Talaaq in Islam?  Some Indians feel that talaaq system should be abolished. What is wrong in that? How do we answer them? 

🔵Answer🔵

Benefits of Talaaq
Nikah is an agreement, in which husband agrees to give mahr, provides her with all her expenses, and treat her in the best of ways.
From the woman side, it is to agree that she won't do anything wrongful, will take care of husband's rights. If either of them, do not complete with their agreements, then like any other agreement, this agreement too needs to be broken. Before breaking it, one tries for a mutual solution and nothing beneficial comes out of it, then husband has the right to divorce her wife and wife has the right to go to the judge (Qazi) to nullify the agreement.
If the husband wife are not fulfilling each others rights, such as if one or both of them does something wrong, it is compared with such a body part or teeth which has decayed and is painful to the entire body and therefore there is nothing wrong with removing it. In fact, it becomes a necessity. In the same way, a disobedient wife can be released from nikah.

📙(AHKAME ISLAM AQL KI NAZAR ME SAFA 218, 219 KA KHULASA)

If there was no divorce in Islam, following disadvantages and problems would have been seen.

Disadvantages of not having Talaaq ruling

1. If the husband and wife were not satisfied with each other and also could not divorce, it would have lead to extra marital relationships.

2. If one of them had less understanding (brain challenges), and no satisfaction, and no divorce, and there would be problems with regards to each others rights.

3. If there was no divorce to get separated, to get rid of them, one would indulge in torture leading to suicides.

4. If there was a misunderstanding,  the husband would send the wife to her parents home and wouldn't keep her, in such a way her life would be ruined. He wouldn't take her in and ahe wouldn't be able to remarry.

5. If there were differences between mother in law and wife, and no divorce, and there would be cases of 'accidental deaths'. As can be seen daily in news.

6. If there was no mutual understanding between the husband and wife, and no divorce, then the entire life would be spent in fighting and ultimately suicide.

7. If the husband was impotent, and no treatment would cure him, would not be able to satisfy his wife, and no divorce, then would lead to extramarital affairs.

8. If he was suffering from some incurable disease, and would not bear kids even after treatments, and no divorce, then such a couple would stay childless.

9. If there was no divorce, and there were such fights which would later reconciled,  but ones the case was filed, it wouldn't be possible to get it back, because it would mean shameful. According to a survey, there has been many cases of pending divorces of non Muslims compared to Muslims which would otherwise have been reconciled.

10. At times, both the husband and wife are of bad character, because of which they hate each other and fight on regular basis, if there was no divorce, it would be very difficult to spend entire life with each other.

11. If there was monetary problem, For example the amount given by man is not enough for wife or the amount required by the wife cannot be provided by the husband, and there was no divorce, both would indulge in theft, and selling het body and women would be forced to earn money, do business whereas it is not the responsibility of the women to earn. She is the Queen of her home.

12 . After marriage, the husband falls in love with someone else and vice versa, then they would not be happy and invest in one another. If no divorce, they would have to spend entire life with someone they didn't love.

Note : One shouldn't say that we will get settlement through court. At times, it takes years on the case hearing, and lot of time wastage and most of the above mentioned situation happens.

📙RAHMATULLAHI WASIAA SHARHE HUJJATULLAHI BALIGAH 9/139 SE MAKHOOZ

📕KITABUN NAWAZIL 10/93 SE MAKHOOZ

BA IZAFAH E KASEERAH AZ AHQAR IMRAN ISMAIL MEMON

✏MUFTI IMRAN ISMAIL MEMON HANFI USTAZE DARUL ULOOM RAMPURA, SURAT, GUJARAT, INDIA.