Pages

Friday, January 27, 2012

Umar Ibn Khattab innovating in relation to the laws on divorce

Allah (swt) has told very clearly in "Sura Talaq", the way of giving divorce:

O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: And fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah: and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.
Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out,
Al-Qur'an Surah 65, Ayah 1-2 (Translation by Yusuf Ali)

There have been several innovations made by Umar in the Shar'i practice of issuing divorce.

Umar innovated and changed the ruling of Rasool Allah's by treating three pronounced divorces at one and same time as one.

Let us see the testimony of Ibn Abbas that Umar changed the Islamic Shar'ia by introducing a new law:

Abu al-Sahba' said to Ibn 'Abbas: Enlighten us with your information whether the three divorces (pronounced at one and the same time) were not treated as one during the lifetime of Allah's Messenger (may peace be upon him) and Abu Bakr. He said: It was in fact so, but when during the caliphate of 'Umar (Allah be pleased with him) people began to pronounce divorce frequently, he allowed them to do so (to treat pronouncements of three divorces in a single breath as one).
Sahih Muslim, Book 009, Number 3493
Ibn 'Abbas (Allah be pleased with them) reported that the (pronouncement) of three divorces during the lifetime of Allah's Messenger (may peace be upon him) and that of Abu Bakr and two years of the caliphate of Umar (Allah be pleased with him) (was treated) as one. But Umar b. Khattab (Allah be pleased with him) said: Verily the people have begun to hasten in the matter in which they are required to observe respite. So if we had imposed this upon them, and he imposed it upon them.
Sahih Muslim, Book 009, Number 3491

Abu Sahba' said to Ibn 'Abbas (Allah be pleased with them): Do you know that three (divorces) were treated as one during the lifetime of Allah's Apostle (may peace be upon him), and that of Abu Bakr, and during three (years) of the caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be pleased with them) said: Yes. 
Sahih Muslim, Book 009, Number 3492

No comments:

Post a Comment

براہ مہربانی شائستہ زبان کا استعمال کریں۔ تقریبا ہر موضوع پر 'گمنام' لوگوں کے بہت سے تبصرے موجود ہیں. اس لئےتاریخ 20-3-2015 سے ہم گمنام کمینٹنگ کو بند کر رہے ہیں. اس تاریخ سے درست ای میل اکاؤنٹس کے ضریعے آپ تبصرہ کر سکتے ہیں.جن تبصروں میں لنکس ہونگے انہیں فوراً ہٹا دیا جائے گا. اس لئے آپنے تبصروں میں لنکس شامل نہ کریں.
Please use Polite Language.
As there are many comments from 'anonymous' people on every subject. So from 20-3-2015 we are disabling 'Anonymous Commenting' option. From this date only users with valid E-mail accounts can comment. All the comments with LINKs will be removed. So please don't add links to your comments.