Consequences of marriage

NUR SHUHADA BT SHUIB

1626364
• Obeying Allah’s commandment and carrying out

Sunnah of The Prophet (pbuh)

• Providing tranquillity and peace

• Securing a righteous offspring

• Marriage is also as a source for love and happiness

• Marriage is being foresee as a medium for bond of love

between two families.

• OBEYING ALLAH’S COMMANDMENT AND CARRYING OUT

SUNNAH OF THE PROPHET (PBUH)

“then marry those that please you of [other] women, two or three or four.

But if you fear that you will not be just, then [marry only] one or those your

right hand possesses.” [An-Nisa’: 3].

“Marriage is my Sunnah ” (Ibn Majah)

• PROVIDING TRANQUILLITY AND PEACE

And among his Signs is this that He created for you spouses from among

yourselves, that you may dwell in tranquillity with them, and He has put

love and mercy between your (hearts). Surah Ar-Rum 30: 21

• SECURING A RIGHTEOUS OFFSPRING

Allows for procreation

• MARRIAGE IS ALSO AS A SOURCE FOR LOVE AND HAPPINESS

“And Allah has made for you your mates of your own nature, and made for

you, out of them, sons and daughters and grandchildren, and provided for

you sustenance of the best.” (Qur’an, 16:72).

• MARRIAGE IS BEING FORESEE AS A MEDIUM FOR BOND

OF LOVE BETWEEN TWO FAMILIES.

 nusyuz
Presented by : Basyirah binti Sabri
 Definition:

• Literal meaning : comes from the root ( ‫) نشز‬, which is translated as 'to rise'
or 'elevated place‘

• technical meaning :nusyuz relates to a wife’s behaviour who disobeys her

husband and not fulfilling her responsibilities towards him as has been
highlighted by the religion. Nusyuz may happened in the form of word and
behaviour.
 Disobedient wife
A wife can be categorized as nusyuz or disobedient wife if she :
• withholds her association with her husband (not letting her husband to enjoy
her).
• leaves her husband’s house without his will or
• refuse to move with him to another home or place without any valid reason
according to the shariah.
• Basically a wife, may fall into this category when she refuse and choose not to
fulfil her duty as a wife
 What islam said about rebellious wife:

• being rebellious towards the husband is considered haram.

• permissible not to obey the husband command if the issue or things asked
by the husband not in line with the religion.
• eg: when the husband command the wife not to pray the fardh prayer
 Effect on being disobedient wife

• The wife has lost her right to obtain nafaqah from her husband within the
period of nusyuz as a result of her disobedience.
 Action taken to deal with nusyuz

• If the husband suspects that the wife is being disobedience, he supposed to

• warn her. ( advice her)If she refuse to repent to Allah,
• he shall ceased sleeping with her. If she persist in being disobedient, he
ceased sleeping with her and
• permissible to lightly strikes her.
• if beyond this the husband may release his wife
 How to treat this disease in marriage

• Create mutual understanding for both party

• Treat our spouse nicely, as they will be there during our ups and down
• Fulfil each others right
• Close intact and deep faith in deen
 FASAKH AND ITS
CONSEQUENCES
Hanees Umairah bt
Nora’zam (1626896)
 FASAKH:
Defined as the dissolution or rescission of contract of
marriage by judicial decree (Qadhi)

If the Fasakh happen, they need to make a new marriage contract to return back
“The parties should either hold
together on equitable terms or
separate with kindness”
(Al-Baqarah: 229)
 1) Husband has 6) Her father claim
neglected or failed 4) LI’AN that his daughter is
to provide virgin, but the truth
maintenance is not

2) Apostasy of one of WHY ? 7) Husband treats

them his wife with cruelty

5) Both of
3) The husband and 8) Husband/Wife
them is not
wife are mahram defects
similar
(sekufu)
DEFECTS IN WOMAN DEFECTS IN MAN

• Crazy or Insane • Insanity

• Leprosy • Leprosy
• Vitilago • Vitilago
• Vagina block by flesh • Severed Penis
• Vagina block by bone • Impotence
 CONSEQUENCES
• Avoiding the harm suffered by the wife if the marriage is proceed

• Reminders for the husband to be responsible for the welfare of his wife

• Avoiding a bad environment for the emotions, physical and mental

development of the child
DIVORCE

BY: NUR DZAFIRAH SA’ADAH BINTI HAIRO ZAFUAN (1621490)

 Cambridge Dictionary: an
official or legal process to end a
marriage

MEANING OF Arabic term : Talaq

DIVORCE -> free, untie or separation

It is a separation of a husband
and a wife from their marriage
status
A hadith narrated by Abu Hurairah R.A. :

The Prophet (peace be upon him) said: There are three things which, whether
undertaken seriously or in jest, are treated as serious : Marriage, divorce and
taking back a wife (after a divorce which is not final).
 A talaq involves a pronouncement by a
husband towards his wife

Surah Al-Baqarah 2:237

‘forgiven by someone Husband is the only person who can utter

who holds a marriage bond’ Talaq

If a wife wants a separation because of

certain accepted reasons, there are two ways
to separate through Qadi which are Khulu’
and Fasakh
 TYPES OF TALAQ STATEMENT

Explicit Allusive
Cambridge dictionary: clear, direct and Collins dictionary: speech or word or arts
exact. Showing full details without have that is full of indirect references to people
anything hidden or things

Terms: divorce, separation and parting Need intention to divorce

‘May Allah separate me and you in this

‘I divorce you’
world and the hereafter’
 SUNNAH & BID’AH IN DIVORCE

BID’AH : divorce is taking

SUNNAH : divorce is taking
place during menstruation
place during a period of
or a period of purity in
purity in which intercourse
which intercourse has
has not occurred
occurred

Note- there are no sunnah or bid’ah divorce for woman who is immature OR
menopausal OR pregnant OR or has gained release through compensation
prior to consummation
 There are three Talaq for a free man:
- First and second Talaq are known as Talaq
Raj’ee
-Third Talaq is known as Talaq Baa’in Kubra
NUMBER OF
TALAQ AND FOUR
A Talaq is not valid if the husband uttered
CONDITIONS Talaq in one of these conditions:
WHERE TALAQ 1. Immature
NOT ACCEPTED 2. insane
3. Asleep
4. forced to do so
 WAITING PERIOD (IDDAH)
• It is obligatory upon women who have been divorced or because of husband’s death

1. Widows
- Pregnant : upon delivery of her child
- Not pregnant : four months and ten days

2. Non-widows
- Pregnant : upon delivery of her child
- Not pregnant and has menstrual periods: three periods of purity between her menstruations
- Immature or Menopausal : three months

3. Slaves
- Pregnant : upon delivery of her child
- Periods of purity : two periods of purity between her menstruations
- Periods of months because of husband’s death : two months and five days
- Periods of months because of divorce : One and half months (the best is wait until two months)
 TYPES OF DIVORCE
ILA’, ZIHAR AND LI’AN

BY: NURUL ATHIRAH BT

ITHNIN (1622250)
Types of divorce : Forswearing one’s wife

• Known as Ila’
• If the husband forswears having intercourse with his wife
1. Forever OR
2. For a period exceeding four months
• Then he chooses between breaking his oath and making expiation or divorce
• Two option can be made :
1.Judge will give the husband 4 months chance starting the day he sworn the ila take
back his sworn and pay kafarah / divorce
Cont..

2. If the husband did not want pay kafarah untill the end of the 4 months.
Then the judge has the right to take any following action :

i. Feed 10 poor people

ii. Give clothes to 10 people

if the husband could not afford then :

i. Free a slave Muslim
ii. Fast 3 days
 Likening One’s wife to One’s mother

• It is called as Zihar
• when a man says to his wife,” to me you are akin to my
mother.”
• If he (husband) say this and does not follow it with the
divorce, he has reneged which are gone against his
comparison and must make an expiation(Fidyah)
 The Expiation ( Fidyah)
• Step 1 : A Muslim slave free from defects which would prevent the slave
from working and earning ( a living ).
• Step 2 : If one is not found, the husband need to fast two month
consecutively.
• Step 3 : If he unable to fast two months, he gives food to 60 of the poor,
one mudd to each

• * It is not permissible to have intercourse with the wife until the

expiation is made. *
 Charging One’s wife with adultery
• It is called as Li’an
• If the husband charges his wife with adultery, he is subject to punishment for
charging another with adultery unless he makes two option :
1. He brings a proof
2.Makes a public imprecation against her
• The ways when he choose to make public imprecation are :
1. Presence of the judge and a group while standing in Minbar
2.He need to repeat four times.
3. The fifth time after the judge warns him of the consequences of lying
 Cont..
• Example of speech in Minbar :
“I bear witness to Allah that I am trutful in charging my wife so and so with fornication,
and that this child is a product of adultery and not mine “.

• Example of said by the judge :

……. And may the curse of Allah be upon me If I am liar.
 Cont..

• Five rullings are associated with his public imprecation :

1.He is no longer subject to punishment

2.The wife becomes subject to punishment
3.The marriage is terminated
4.The child is negated
5.Eternally unlawful to one another
 Cont..
• She ceases being subject to punishment. If she performs a counter imprecation by
saying :

“ I bear witness that so and so is aliar in his charging me with adultery”.

• She says this four time. The fifth time after the judge warns her of the
consequences of lying , she says:

“ …. And may the wrath of Allah be upon me if I am a liar “.

RECONCILIATION OF MARRIAGE (RUJU’)

BY : NUR FASEHAH SUPARDI (1625562)

• Literal Meaning

1. Al-Ruju is “ return”

2. Ruju’ in marriage : It return or resume to the

original marriage state before the end of waiting
period of ones wife
 REVOLABLE DIVORCE ( TALAQ RAJ’I)

• A divorce by one or two talaq by a husband

• The husband may take her back as long as her waiting
period has not expired
• If the waiting period expires, he can marry her with a new
contract
 IRREVOLABLE DIVORCE ( TALAQ BA’IN)

• When the husband pronounces the divorce for the third

time
• The wife remains unlawful for him until five conditions
are met.
 CONDITIONS
• Her waiting period from him expires
• Another man marries her :
Ali, may Allah be pleased with him, reported that the Prophet, may
Allah's peace and blessings be upon him, said: "May Allah curse the
Muhallil (a man who marries an irrevocably divorced woman for the
sole purpose of making her lawful for her ex-husband to remarry) and
the Muhallal lahu (the ex-husband of the woman who was
irrevocably divorced, seeking to remarry her through an unlawful
marriage)."
 Cont..
• The new marriage is consummated
• She is divorced from the new husband
• Her waiting period ( from the new husband )
expires