Heavenly Jewels

reason, then glvmg Talaaq becomes absolutely permissible rather preferable in some instances e.g. the wife does not read Namaaz. Hazrat Abdullah bin Masood .$f, states, "1 prefer to come before Allah � and have the responsibility ofstill paying the Mehr ofthe woman I divorced . due to her not performing Namaaz than leading my life with her." In some cases giving Talaaq becomes Waajib e.g. the husband is impotent etc (Fataawa-Razvia) A FEW FIQHI MASAAIL Rule- It is a condition ofTalaaq that the husband is Aaqil and Baaligh as the action ofeveryAaqil, Baaligh is worthy ofacceptance according to the Shariah. Therefore a Naa-Baaligh or insane person can neither give Talaaq nor can his Wal i give it on his behalf. Yes, ifreason was disturbed by an external obj ect e.g. an intoxicated or angry person gave Talaaq then the divorce will occur as he is considered in the Hukm ofan Aaqil irrespective ofwether the intoxication was caused by alcohol or drugs like opium etc. (This rule has been implacedso that no one can take the protection ofintoxication oranger to defendhis giving Talaaq) . There is no condition concerning a woman when it comes to Talaaq. Hence ifshe is Naa Baaligh or insane and Talaaq is given for her then it will occur in any condition. (Alamghiri) Similarly, if a pregnant woman is given Talaaq then it will definitely take place and that which is famous amongst the masses ,that a pregnant woman cannot be given divorce, is baseless. Rule- IfTalaaq was given while the personwas in delirium or any other sickness that causes the mind to be lost, unconscious or sleeping then it will not occur. Similarly ifthe anger is ofsuch an extent that the mind is even lost then, Talaaq will not take p lace in it. (Durre-Mukhtaar) However this case of anger is very rare. Today many people, after giving Talaaqtry to find excuses for it not to occur with the most famous being, "/ gave Talaaq in anger." Be loved readers, Talaaq is generally given in anger and occurs. Nikah is a mirror and Talaaq is a stone. 1 99