Ba'in divorce
Ba'in divorce (Arabic: الطلاق البائن) or Irrevocable divorce is a type of divorce in which the man cannot return to the woman; i.e. he cannot make her his wife again without reciting the marriage formula. This type of divorce is against revocable divorce in which, during the 'idda period, the man can return to the wife. Six forms of divorce are ba'in [irrevocable] including divorce of a woman who has not had a sexual intercourse with after marriage, divorcing a woman after her menopause and khul' and mubarat divorces. During the 'idda period after ba'in divorce, the woman is not mahram to the man.
Divorce
Lifting the bond of marriage is called divorce. Like marriage, divorce takes place with reciting the marriage formula,[1] but contrary to marriage, it is among unilateral contracts and it is carried out only by the man.[2] In Islam, divorce is legitimate and permissible;[3] but, according to hadiths, it is the most disapproved permissible act before God.[4]
Definition of Ba'in Divorce
Ba'in divorce is a kind of divorce in which the man cannot return to the woman. In ba'in divorce, whether or not the woman is in an 'idda period, the man is not permitted to return to her. This type of divorce is against rij'i divorce in which the man can return during the 'idda period.[5]
Types of Ba'in Divorce
Divorces below are considered as ba'in:
- Divorcing a woman who has not had a sexual intercourse with after marriage.
- Divorcing a girl who is not nine years old yet.
- Divorcing a woman after her menopause
- Khul' divorce
- Mubarat divorce
- Triple Divorce[6]
- In some manuals of practical law, another form of ba'in divorce is also mentioned which is called divorce by the Sharia ruler. In this type of divorce, the Sharia ruler conducts the divorce of the wife of a man who neither pays her maintenance, nor does he divorces her.[7]
Rules
In ba'in divorce, the woman is not mahram to the man during her 'idda period. The rules of matrimony such as the obligation of deferring to the husband, inheriting the spouses from each other, prohibition of leaving the house without the husband's permission and the obligation of paying the maintenance do not apply to ba'in divorce. However, if the woman is pregnant [at the time of divorce], the man has the obligation to pay her maintenance until delivering the baby.[8]
Notes
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 356.
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 97.
- ↑ Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt, vol. 5, p. 194.
- ↑ Kulaynī, al-Kāfī, vol. 6, p. 54.
- ↑ Khomeiniī, Tawḍīḥ al-masāʾil (muḥashā), vol. 2, p. 529-530.
- ↑ Mishkinī, Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl, p. 357.
- ↑ Rulings of Divorce, Official Website of Ayatollah Sistani.
- ↑ Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt, vol. 5, p. 204.
References
- Kulaynī, Muḥammad b. Yaʿqūb al-. Al-Kāfī. Edited by ʿAlī Akbar Ghaffārī. 4th edition. Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH.
- Khomeiniī, Sayyid Rūḥ Allāh. Tawḍīḥ al-masāʾil (muḥashā). Edited by Sayyid Muḥammad Ḥasan Banī Hāshimī Khomeinī. 8th edition. Qom: Daftar-i Intishārāt-i Islāmī, 1424 AH.
- Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī. Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt. 1st edition. Qom: Muʾassisat Dāʾirat al-Maʿārif al-Fiqh al-Islāmī, 1392 Sh.
- Mishkinī, ʿAlī. Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl. 1st edition. Beirut: Manshūrāt al-Riḍā, 1431 AH.
- Rulings of Divorce (Persian). Official Website of Ayatollah Sistani. Accessed: 2024/01/01.