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Ba'in divorce: Difference between revisions
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==Divorce== | ==Divorce== | ||
{{Main|Divorce}} | {{Main|Divorce}} | ||
Lifting the bond of marriage is called divorce. Like marriage, divorce takes place with reciting the marriage formula, but contrary to marriage, it is among unilateral contracts and it is carried out only by the man. In [[Islam]], divorce is legitimate and permissible; but, according to [[hadith]]s, it is the most disapproved permissible act before [[God]]. | Lifting the bond of marriage is called divorce. Like marriage, divorce takes place with reciting the marriage formula,<ref>Mishkinī, ''Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl'', p. 356.</ref> but contrary to marriage, it is among unilateral contracts and it is carried out only by the man.<ref>Mishkinī, ''Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl'', p. 97.</ref> In [[Islam]], divorce is legitimate and permissible;<ref>''Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt'', vol. 5, p. 194.</ref> but, according to [[hadith]]s, it is the most disapproved permissible act before [[God]].<ref>Kulaynī, ''al-Kāfī'', vol. 6, p. 54.</ref> | ||
==Definition of Ba'in Divorce== | ==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. | 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.<ref>Khomeiniī, ''Tawḍīḥ al-masāʾil (muḥashā)'', vol. 2, p. 529-530.</ref> | ||
==Types of Ba'in Divorce== | ==Types of Ba'in Divorce== | ||
Divorces below are considered as ba'in: | 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 who has not had a sexual [[intercourse]] with after marriage. | ||
*Divorcing a woman after her [[menopause]] | * Divorcing a girl who is not nine years old yet. | ||
*[[Khul' divorce]] | * Divorcing a woman after her [[menopause]] | ||
*[[Mubarat divorce]] | * [[Khul' divorce]] | ||
*[[Triple Divorce]] | * [[Mubarat divorce]] | ||
*In some [[manuals of practical law]], another form of ba'in divorce is also mentioned which is called divorce by the [[ | * [[Triple Divorce]]<ref>Mishkinī, ''Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl'', p. 357.</ref> | ||
* 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.<ref>[https://www.sistani.org/persian/book/50/118/ Rulings of Divorce], Official Website of Ayatollah Sistani.</ref> | |||
==Rules== | ==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. | 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.<ref>''Farhang-i fiqh muṭābiq bā madhhab-i Ahl al-Bayt'', vol. 5, p. 204.</ref> | ||
==Notes== | |||
{{notes}} | |||
==References== | ==References== | ||
{{references}} | {{references}} | ||
* Kulaynī, Muḥammad b. Yaʿqūb al-. ''Al-Kāfī''. Edited by ʿAlī Akbar Ghaffārī. 4th edition. Tehran: Dār al-Kutub al-Islāmīyya, 1407 AH. | * 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. | * 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. | * Mishkinī, ʿAlī. ''Muṣṭalaḥāt al-fiqh wa iṣṭilāhāt al-uṣūl''. 1st edition. Beirut: Manshūrāt al-Riḍā, 1431 AH. | ||
* [https://www.sistani.org/persian/book/50/118/ Rulings of Divorce] (Persian). Official Website of Ayatollah Sistani. Accessed: 2024/01/01. | * [https://www.sistani.org/persian/book/50/118/ Rulings of Divorce] (Persian). Official Website of Ayatollah Sistani. Accessed: 2024/01/01. | ||
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