DDHK. ORG – Divorce is the thing most avoided in the household. But what is the law, if the divorce sentence is conveyed to the sister and not to the wife directly? Listen consultation with the following Ustadz.
Assalamualaikum Warohmatullah.
Sorry in advance chaplain I want to ask. I have a sister, then her husband tells me he wants to divorce my brother but he talked to me not to my brother directly.
What about Ustadz, does that include divorce?
Wassalamualaikum Warrohmatullah
Greetings, Fulanah
ANSWER:
Peace be upon you and God's mercy and blessings be upon you
WL…
Divorce or divorce is under the control of a husband. As for the wife, it is to sue her husband for divorce or is referred to as khulu'.
Of course the above happened because the husband and wife were no longer compatible and had reached a dead end in solving the problems faced by both of them.
Even if it is returned to the legal origin of divorce, it is permissible or permissible, but Allah hates it very much.
From Ibn Umar radliyallãhu 'anhuma, the Prophet shallallãhu 'alaihi wasallam said:
أَبْغَضُ الْحَلَالِ إِلَى اللَّهِ تَعَالَى الطَّلَاقُ (رواه أبو داود)
"The lawful thing that Allah hates the most is talaq." (Narrated by Abu Dawud)
Then what if the divorce uttered by a husband uses certain conditions and is conveyed to another person or represented by him?
Abu Ishaq Asy-Syirazi in his book Al-Muhadzdzab fi Fiqhi Al-Imam Asy-Syafi'i, said:
May Allah bless you all Amen Amen
“It is permissible to represent in the marriage contract because there is a history which states that the Prophet Shallallãhu 'alaihi wasallam once represented Amr Ibnu Umayyah Adl-Dlamri in his marriage to Umm Habibah. (Likewise) it is permissible to represent in divorce, khulu', and free slaves because there is a need to represent as the need to represent in sales and purchase contracts and marriages."
From the information above, divorce can be represented or conveyed to someone other than his own wife.
As for the provision of certain conditions in divorcing such as if a husband says to his wife:
"If you leave the house, then I divorce you!"
So jumhur (most) Ulama are of the opinion that whoever divorces his wife with certain conditions, then his divorce will fall when these conditions are fulfilled, whether he intends to divorce or only intends to threaten, confirm or prevent.
However, some other scholars such as Sheikhul Islam Ibnu Taimiyyah Rahimahullīh are of the opinion that if the husband does not intend to cause a divorce, but intends to threaten, confirm or prevent, then the divorce does not fall with the occurrence of these conditions, but he is obliged to redeem his oath.
Redemption oath by choosing from one of the following obligations:
1. Free slaves,
2. Giving food or clothing to ten poor people,
3. Fasting three days.
However, the strongest opinion is the opinion of the majority of Ulama, that is, if a husband requires divorce over his wife and/or delegates the word of divorce to someone else, then the divorce will fall.
Wallãhu a'lam
Hope it is useful…
Peace, mercy and blessings of God
Answered by Ustadz Very Setiawan.
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