The divorce in language It is: loosening the bonds, which is derived from the release; which is sending and leaving, It is said: I released the captive: If you loosen his chains and send him, It is said: So-and-so divorced the hand with goodness. i.e.: a lot of effort and giving, And it is said: He divorced the country if he left it, and it is said to a person if he is freed; divorced, that is: he became free; (Lisan al-Arab by Ibn Manzoor, vol. 4, p. 2693). The divorce in Sharia The dissolution of the marriage bond, and the termination of the marital relationship, the term divorce in its various derivatives in the Holy Qur’an fourteen times; (The Indexed Dictionary of the Words of the Qur’an, p. 427: p. 428). The legality of divorce First: the Holy Quran God said ﴿ الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ﴾ [البقرة: 229] Divorce twice, then withholding according to what is kindness, or lay off with kindness.” [Al-Baqarah: 229] Glory be to Him said ﴿ لَا جُنَاحَ عَلَيْكُمْ إِنْ طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فرِيضَةً ﴾ [البقرة:236] There is no sin on you if you divorce women, As long as you do not touch them or impose a obligatory on them.” [Al-Baqarah: 236] Almighty said O Prophet, if you divorce women so they divorced them for their waiting period, so they divorced them for their waiting period. Second: the evidence from the Sunnah The two sheikhs narrated on the authority of Abdullah bin Omar, may God be pleased with them, He divorced his wife while she was menstruating at the time of the Messenger of God, may God bless him and grant him peace, Umar ibn al-Khattab asked the Messenger of God, may God’s prayers and peace be upon him, about that, and the Messenger of God, may God’s prayers and peace be upon him, said: ((Tell him to take her back, then to hold her, until she purifies, then menstruates, then purifies, Then, if he wills, he will be withheld after, and if he wills be divorced after that, before it touches, that is the kit that God has commanded that women divorce her)); (Bukhari, Hadith 5251, Muslim, Hadith 1471). Third: Evidence from consensus All Muslims agreed on the permissibility of divorce. The wisdom of the legality of divorce Imam Ibn Qudamah (may God have mercy on him) said: The lesson is indicative of the permissibility of divorce, because the situation may have deteriorated between the spouses, so the continuation of the marriage becomes pure corruption, and abstract harm by obligating the husband to spending and housing, Imprisonment of a woman with bad treatment, permanent rivalry without benefit, so it was required by the law that removes marriage; to remove the spoiler from it; (Al-Mughni, by Ibn Qudamah, vol. 10, p. 323).

The retrograde divorce is What is permissible for a husband to return his wife during her waiting period without resuming a contract, which was less than the third divorce for the entered with, but not entered with she is clear from him once divorced, and he has no waiting period as for the waiting period for a divorced woman a revocable divorce, It differs according to the condition of the woman whether she is pregnant or not, who embraces or who does not embrace, entered into it, or not included in it, and we will meet each case separately... The retroactively divorced woman has several rulings 1- Not leaving the marital home The waiting period is spent in the husband’s house, and no one has the right to take it out, He said in al-Mawsoo’ah al-Fiqhiyyah: The Lawgiver obligated the woman who is observing the ‘Iddah to observe the ‘Iddah in the house that is added to it by living in the event of separation or death, And the house added to it in His saying: Do not drive them out of their homes}[Al-Talaq: 1 om the house you live in. It is not permissible for the husband or anyone else to take out the waiting woman, from her abode. And she does not have the right to go out, even if the husband agrees to that; because the kit is a right for God Almighty, and taking it out or leaving it from. The dwelling of the kit is contrary to the project, so no one may drop it. 2 - Exit with the permission of the husband during the waiting period 3 - The husband's adornment There is nothing wrong with her going out with the husband’s permission, adornment and the like, because there is no mourning for her, He said in the Fiqh Encyclopedia: They also unanimously agreed that there is no mourning for a retroactively divorced woman,one of them is to be exposed to her husband and adorn himself for him, perhaps God will happen after that, one of them is to be exposed to her husband and adorn himself for him, perhaps God will happen after that, however, al-Shafi’i is of the opinion that it is desirable for a retroactively divorced woman to mourn if she does not wish to take her back. End. Iddah of a retroactively divorced woman The divorced women during menstruation If she is a woman with menstruation, then her waiting period is: three menstrual cycles; For the Almighty says: (And divorced women wait for themselves for three menstrual cycles) [Al-Baqara: 228] And the menstrual cyclesis the plural of menstrual cycle, which is a common term between menstruation and purification, and the most correct one: what is meant here is: menstruation. Ibn al-Qayyim said: the word “qura’” was not used in the speech of the Lawgiver except for menstruation, and it was not mentioned in one place that it was used for purification … etc.” based on this, the waiting period for the consummated woman if she is divorced and she is a woman with menstruation, three menstrual cycles: (She menstruates, then purifies, then menstruates, then purifies, then she menstruates and then becomes pure.) So what counts here is the onset of menstruation, not the number of days. The divorced women without menstruation If she is not menstruating her waiting period is three months, and this applies to a young girl who has not yet reached puberty, and the old woman who does not menstruate, the Most High said: (And those of your women who despair of menstruation If you doubt, then their waiting period is three months, and for those who do not menstruate) [Al-Talaq:4] The retroactively divorced woman (the pregnant) As for the pregnant woman, her waiting period is the delivery of her pregnancy, because God Almighty says: (And the given birth women have a term to deliver their pregnancy, and whoever pious Allah, He will make for him ease of his affair.” [Al-Talaq:4] If she gives birth, her waiting period has expired. Non entered with divorced woman If the husband did not consummate the marriage with the wife, nor was he alone with her; she doesn't have a kit; for God Almighty says: O you who believe, when you marry believing women, then you divorced them before you touched them, so you do not have a waiting period for them to keep.” [Al-Ahzab: 49] this is a place of consensus among scholars, If he made a contract, did not violate, did not have intercourse, then divorced; She does not have kit.

Why did God want Muslim women to wait the Iddah from the cleanliness from the womb of the first husband before she remarries? Let's read what the scientists say Quoted from Muslim scholars Recent studies have shown that a man's water contains 62 types of protein, and that this water varies from one man to another. Every man has an imprint in his wife's womb, If she marries another man immediately after the divorce, there is a high probability that the woman will develop uterine cancer due to entering more than one different fingerprint in the womb... (ph problems). several absolute Scientific research has also proven that the first menstruation after a woman’s divorce removes from 32% to 35% of the fingerprint, and the second menstruation removes from 67% to 72% of the man’s fingerprint, and the third menstruation removes 99.9 percent of the man’s fingerprint, and here the uterus has It was cleared of the previous imprint and prepared to receive another imprint. Iddah of her deceased husband Research has also proven that the woman whose husband has died goes through a period of grief, which delays the period of purification of her womb, so she needs a fourth cycle in order to remove the fingerprint permanently, and in the amount that God Almighty said about him: {four months and ten days} Glory be to Him, who created, arranged and then Fahda appreciated. Quoted from global sites The first study Sperm 'Fingerprint' Found Researchers have determined the genetic fingerprint of healthy humansperm — an advance that could be a major step forward in understanding maleinfertility. The second study Semen secrets: How a previous sexual partner caninfluence another male's offspring Scientists have discovered a new form ofnon-genetic inheritance, showing for the first time that offspring can resemblea mother's previous sexual partner -- in flies at least. Researchersmanipulated the size of male flies and studied their offspring. They found thatthe size of the young was determined by the size of the first male the mothermated with, rather than the second male that sired the offspring. The idea of telegony -- that a male can leave amark on his mate's body that influences her offspring to a different male --originated with the Greek philosopher Aristotle. It was a concern to royalty inthe 1300s and still popular as a scientific hypothesis in the 1800s butrejected in the early 1900s as incompatible with the new science of genetics. The third study Biological Evidence Management for DNA Analysisin Cases of Sexual Assault Finally, it is important to highlight all stepsthat any forensic medical expert should be aware of in the management ofevidence for DNA analysis: Sexual assault history and the physical observationwhich should guide the examiner for evidence collection (e.g., victim'sactivities between the sexual contact and the examination, victim's gender andage, and type of evidence).

The pillar of the divorce The divorce has four pillars, which are as follows: (1) The husband The divorce of a foreign man who does not possess the marriage contract does not take place, If a man says: So and so is divorced if you marry her, then he married her after that, so his divorce does not take place, which he said before contracting it. (2) The wife A man's divorce does not apply to a foreign woman who is not married, The same applies to the woman who has had intercourse with the own of the right, If a man divorces his slave girl, his divorce does not take place, because she is not a wife. (3) The formula for divorce It is the expression indicating the dissolution of the marriage knot, explicitly or metaphorically. (4) The intent That he intends to pronounce the word divorce, and if a man wants to call his wife by her name Tahrh, He wrongly said to her: you are ( Talqh) divorced, its release does not occur; (Fiqh on the four schools of thought, vol. 3, pg. 276).

The divorce is two types 1 - The Sunnah divorce It is when a man divorces his wife in a state of purity during which he did not touch her, If a Muslim wants to divorce his wife because one of them is harmed, and it was only repelled by divorce, Wait for her to menstruate and purify herself, If she becomes pure, he does not touch her, then he divorces her with one divorce, For example, if he says: You are divorced, and that is because God Almighty says: O Prophet, if you divorce women So don't divorce them on their waiting period.” [Al-Talaq: 1]. Second: The heresy divorce It is for a man to divorce his wife while she is menstruating or postpartum, or he divorces her during a period of purity that he has touched, or he divorces her three times in one word, or three words at once, as if he says to his wife: You are divorced, you are divorced, you are divorced, the majority of scholars are of the view that the heresy divorce occurred, and his owner sinned; (Al-Mughni, by Ibn Qudamah, vol. 10, p. 327. The divorce ruling (1) Obligatory divorce Such as the divorce of the two rulers in the discord between the spouses, If they saw it, like the molar divorce, after four months of waiting, if he refuses to come to his wife. (2) The forbidden divorce It is the divorce of a woman during her menstrual period, Or in purity, as the man came to his wife. (3) The disliked divorce It's a divorce without cause. (4) Mandatory (the desirable) divorce like being a foul-tongued wife, and he is afraid of her falling into the forbidden if she continues with him. (5) The Permissible Divorce Like the husband who does not want his wife, and does not like to bear her expenses without the purpose of enjoying her, (Al-Mughni, by Ibn Qudamah, Vol. 10, p. 323) (Fath al-Bari, by Ibn Hajar al-Asqalani, Vol. 9, p. 258). The words of divorce Divorce words are divided into two categories: explicit or euphemistic. The explicit divorce words The word explicit divorce is the word that is understood from the meaning of speech when pronouncing it, It is not possible other than divorce, and that is like: you are divorced, I divorced you, you are divorced, and everything that is derived from the term divorce, and this takes place in divorce according to many scholars; this is due to what Abu Dawood narrated on the authority of Abu Hurairah that the Messenger of God, may God’s prayers and peace be upon him, said: ((Three its serious is serious, its mock is serious, Marriage, divorce, and taking back)); (Hassan hadith) (Sahih Abi Dawood; by Al-Albani, Hadith 1920). The metaphors for divorce They are the words that bear divorce and others. Ex: follow your family, Get out of the house, your command you by your hand, You are free, I set you free, I left you, Go get married, your rope is expend, with these expressions and the like, divorce does not take place except by intention. If the husband intended to divorce, then divorce takes place, If he did not intend to divorce, then it does not count This is apparent from the choice of Imam al-Bukhari. (Fath Al-Bari, by Ibn Hajar Al-Asqalani, vol. 9, p. 282). Al-Bukhari narrated on the authority of Aisha, may God be pleased with her, that when the daughter of Al-Jun was enter to the Messenger of God, may God’s prayers and peace be upon her peace and blessings be upon him, and he drews near her She said: I seek refuge in God from you He said to her: ((You have sought refuge with a great, follow your family)). (Bukhari, Hadith 5254). The two sheikhs narrated on the authority of Ka’b bin Malik, “When the Prophet, may God’s prayers and peace be upon him, deserted him and his companions; for their failure to go out with him to the Battle of Tabuk, He said: Until forty of the fifty nights have passed, when the Messenger of the Messenger of God, may God’s prayers and peace be upon him, comes to me, He said: The Messenger of God, may God’s prayers and peace be upon him, commands you to separate from your wife, I said: divorce her or what should I do? he said no; Rather separate from her, and do not approach her, and he sent a similar message to my friend, so I said to my wife: Join your family and be with them until God decides on this matter, (Bukhari, Hadith 4418/ Muslim Hadith 2769). Looking at the two previous hadiths, we find the word "follow your family" In the first hadith, the Prophet, may God’s prayers and peace be upon him, intended it divorce was a divorce, and as for “follow your family” In the second hadeeth, which is the hadeeth of Ka’b bin Malik, When he said to his wife: “Go with your family,” he did not mean divorce, and therefore this is no longer a divorce. Abd al-Razzaq narrated on the authority of Muammar on the authority of Qatada in a man who said to his wife: You are free. He said: If he intended a divorce, then it is a divorce, (Its chain of narrators is authentic) (Musannaf Abd al-Razzaq, Vol. 6, No. 1119

First: the words of divorce Divorce words are divided into two categories: explicit or euphemistic. The Explicit divorce words: The word explicit divorce is the word that is understood from the meaning of speech when pronouncing it, It is not possible other than divorce, and that is like: You are divorced, I divorced you, you are divorced, and everything that is derived from the term divorce, and this takes place in divorce according to many scholars; this is due to what Abu Dawood narrated on the authority of Abu Hurairah that the Messenger of God, may God’s prayers and peace be upon him, said: ((There are three things whose seriousness is serious and their ridicule is serious: marriage, divorce, and taking back.)) (Hassan hadith) (Sahih Abi Dawood; by Al-Albani, Hadith 1920). Secondly: The metaphors for divorce They are the words that bear divorce and others. For example: follow your family, get out of the house, I command you in your hand, you are free, I let you go, I left you, go and get married, with these expressions and the like, divorce does not take place except with intention, so if the husband intended to divorce, then it takes place as divorce, and if he did not intend to divorce, then it does not take place, and this appears to be an option. Imam Bukhari; (Fath Al-Bari, by Ibn Hajar Al-Asqalani, vol. 9, p. 282) The Sheikh: Amr Abdel Moneim Selim (may God have mercy on him) said: The lesson in that is the knowledge of time and place, some euphemisms may be among the explicit words that are intended for divorce by some, From the people of a certain time or place, not explicit to others; (The Comprehensive in the Rulings of Divorce, by Amr Abdel Moneim Selim, p. 50). Al-Bukhari narrated on the authority of Aisha, may God be pleased with her, that when the daughter of Al-Jun was admitted to the Messenger of God, may God’s prayers and peace be upon her peace and blessings be upon him, and he got close to her, She said: I seek refuge in God from you. (Bukhari, Hadith 5254) He said to her: ((You have sought refuge with a great, follow your family)). (Bukhari, Hadith 5254). The two sheikhs narrated on the authority of Ka’b bin Malik, “When the Prophet, may God’s prayers and peace be upon him, and his two companions deserted him; for their failure to go out with him to the Battle of Tabuk, He said: Until forty of the fifty nights have passed, when the Messenger of the Messenger of God, may God’s prayers and peace be upon him, comes to me, He said: The Messenger of God, may God’s prayers and peace be upon him, commands you to keep away from your wife, I said: divorce her or what should I do? he said no; Rather separate from her, and do not approach her, and he sent a similar message to my friend, so I said to my wife: Join your family and be with them until God decides on this matter. (Bukhari Hadith 4418/ Muslim Hadith 2769) Looking at the previous two hadeeths, we find the word: “follow your family.” In the first hadeeth he intended The Prophet, may God’s prayers and peace be upon him, called for divorce, and it was a divorce, and as for “follow your family” In the second Hadith And it is the hadeeth of Ka’b bin Malik, when he said to his wife: “Go with your family.” he did not mean a divorce; Therefore, this is no longer a divorce, Abd al-Razzaq narrated on the authority of Muammar on the authority of Qatada, about a man who said to his wife: You are free, He said: If he intended a divorce, then it is a divorce. (Its chain of narrators is authentic) (Musannaf Abd al-Razzaq, Vol. 6, No. 11199.

The Little Binona If the waiting period ends after the first or second divorce, then the woman has become a minor Baynunah, It is permissible for her husband to marry her with a new marriage contract that meets the conditions, The pillars are from the guardian and the two witnesses, and it is not required that you get married before this contract with other. The big Baynunah A wife is forbidden until she marries a another husband over who divorced her, she is told: a major baynunah, which is forbidden to the husband until another husband marries her, and he enters with her, meaning: he has intercourse with her, then he separates from her by death or divorce, then she comes out of the waiting period, and that is if he divorces her with the last, third divorce, it is forbidden to him until she marries a husband other than him; To say - may He be glorified and exalted - in His Great Book: If he divorces her [Al-Baqara: 230] Meaning: the third, so she is not lawful to him after that until she marries another husband [Al-Baqara: 23] It means: until he marries her, and until he has sexual intercourse with her, as indicated by the authentic hadeeth from the hadeeth of Aisha - may God be pleased with her - about A story: The Prophet - may God’s prayers and peace be upon him - said to her: “She is not permissible for her first husband until she tastes the honey of the second, and he tastes her honey” until he has intercourse with her. It is said to her: Big Baynunah, if he divorces her with the final divorce, she is told: A major Baynunah, which is not resolved except after a legitimate husband, there is no legal marriage, but rather a legitimate husband, and after he has intercourse with her, then he separates from her through death or divorce.

What is khul'? If one of them thinks that he does not establish the right of marriage for his companion as it is necessary for the hatred he believes, there is no sin on the woman to ransom herself, nor on the husband to take the ransom. The Jurisprudence definitions of divorce Where Al - Dahriah defined it That it is the redemption if the woman hates her husband and fears that he will not fulfill his right, or she fears that he will hate her and not fulfill her right, she may ransom him and divorce her if he is satisfied. The Hanbalis defined it as The husband’s separation from his wife in return for compensation that he takes from her or from someone on her behalf. Shafi'i defined himit as He takes it from her or someone on her behalf, Shafi'i knew him to be, Separation between the spouses, with an intended compensation, referring to the husband with a word of divorce. The dislocation was also defined as: A man's separation from his wife is in return for what he gets. Khula is seen from the legal point of view: that it is contracts are concluded with offer and acceptance, but the consideration in it differs for both men and women, on the part of the man, it is considered a suspension of divorce on the acceptance of money, and from the woman's side it is considered a ransom and a negotiation What is the evidence from the Qur’an and Sunnah? Allah says ﴿ الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ وَلَا يَحِلُّ لَكُمْ أَنْ تأْخُذُوا مِمَّا آتَيْتُمُوهُنَّ شَيْئًا إِلَّا أَنْ يَخَافَا أَلَّا يُقِيمَا حدُودَ اللَّهِ فَإِنْ خِفْتُمْ أَلَّا يُقِيمَا حُدُودَ اللَّهِ فَلَا جُنَاحَ علَيْهِمَا فِيمَا افْتَدَتْ بِهِ ﴾ [البقرة: 229]. Divorce twice, then withholding according to what is kindness, or release with kindness, and it is not lawful for you to take anything of what you have given them, except that they fear that they will not keep the limits of God, and if you fear that they will not keep the limits of God, there is no blame on them for what she gave as ransom.” [Al-Baqarah: 229]. And what is meant here If one of them thinks that he does not establish the right to marry his partner as he is required to, because of the hatred he believes, there is no sin on the woman to ransom herself, nor on the husband to take the ransom From the sunnah (The first case of divorce in Islam) Habiba bint Sahl al-Ansari, wife of Thabit bin Qais bin Shammas In Sahih al-Bukhari, on the authority of Ikrimah, on the authority of Ibn Abbas, that the woman of Thabit bin Qais said to the Messenger of God - may God bless him and grant him peace - I hate not fulfilling his rights because of my hatred for him, the Messenger of God - may God’s prayers and peace be upon him - said: “Will you return his garden to him? It is the dowry that he gave her, and she said: Yes, the Messenger of God - may God’s prayers and peace be upon him - said to Thabit: ((Accept the garden, and divorce her once)). And in the Hadith (Any woman who asks her husband for a divorce, without any problem, so the fragrance of Paradise is forbidden to her). Does the religion lawful it? The ruling on khula’ is the same as the ruling on divorce. It is permissible, but it is abhorrent, the legislator forbade it if it was for no reason other than the wife’s desire to separate from this one and marry that one, this is what is known as tasting, so the Prophet - may God’s prayers and peace be upon him - said: ((Any woman who is making khula from her husband without recalcitrance, upon her is the curse of God, the angels, and all the people, the divorced women are the hypocrites))). The divorce in law As for divorce through the law, in all cases it is an irrevocable divorce, In all cases, the ruling is not subject to appeal any way of appeal. The legitimate reasons that made khula lawful? 1- Either one of them is of bad character, or they are both This leads them to not establish the limits of God, while obligating each of them from the rights of marriage, In His saying - the Most High -: {And for them is the same as that which is owed to them in a customed } [Al-Baqara: 228]. The Customed: What was agreed upon by the people of righteousness in society 2- Either one of them is hateful to the other, and it becomes difficult for him to be kind and courteous. This leads him to violate God's command regarding the rights of marriage that obligated each one of them, which obliges him, and if one of these two occurred, and they feared those who left the establishment of the limits set by God for them, the khula. The wisdom of the legality of khula When God - Glory be to Him - made divorce in the hands of the man, He can resort to it as a last resort to get rid of a marriage that he thought did not serve its intended purpose, at the same time, he gave the woman the right to dispose of her marriage if she saw that it did not fulfill its intended purpose, by taking off; so that marital life is based on freedom in its inception, and freedom in its continuation as well; it is unreasonable, Indeed, it is not fair for a woman to feel real dislike for her husband for any moral reason, then she is forced to live with him; Because a married life like this is not good, whether for the spouses or the community; Because if the wife feels that her husband is imposed on her forever, with her hatred and aversion to him, she may kill him or kill herself, or depart from her religion, or go down the path of seduction and deviation. The ruling on the husband requesting the wife to dissociate herself with a ransom that she pays to him They are not without two things, namely The Permissibility - the inviolability The husband's request of the wife to divorce herself is permissible if he sees what calls him to do so; the husband has the right to harass his wife if it is justified, such as if she is disobedient, or an adulterer, or she does not perform what God has enjoined upon her, such as prayer, fasting, and so on, until he resorts to a request for khula with compensation that you pay him, and if it is permissible to harass the wife in that case until she asks for divorce, It is foremost that the request be without restriction is permissible, The Almighty said: (( And do not prevent them, lest you take away some of what you have given them unless he commits a clear indecency, and live with them kindly, If you hate them, perhaps you hate a thing and God puts in it a lot of good).[5] The pillars of the khula 1 - Mukhla’: or divorced by khula’ It is the husband from whom divorce is valid, or his representative, It is required for the husband or agent to be an adult, sane, and of sound mind, It is not valid to take off the imbecile, or the insane, or the boy; So whoever validated his divorce, the validity of his khula. 2- The absolutely divorced wife She is the wife, in which it is stipulated that she be from a valid, legally invalid marriage, It is also stipulated that she should not be irrevocably divorced, While it is valid to take off from the revocable divorcee; because it is in the legal rule of the wife, and it is also required that she be eligible to dispose of her money, because the compensation is of the kind of donation, so it was necessary to be eligible for it, It is for the wife to be an adult, sane, and rational, and it is not valid for the one who is interdicted for foolishness or immorality, Just as it is not valid from the minor, or the insane, while it is valid from the sick, even if her illness is death. 3 - The formula There were many sayings of the scholars of the nation regarding the formula of khul' 4 - The compensation If it was mentioned in the divorce, and the husband accepted it, and the wife committed to it, then the separation took place between them, The wife was irrevocably divorced. While if not mentioned compensation in dislocation. In the narriation On the authority of Katheer bin Abi Katheer, that a woman disobeyed her husband, so he referred her matter to Umar bin Al-Khattab - may God be pleased with him -, so he ordered Her husband to take her off even from her earring. 5- The compensation for it, which is the incision (the male/female member) It is required that it be the property of the husband in the event of divorce. Because the compensation from the wife is in return for giving up this part, like the case of an irrevocably divorced woman, where the husband's property is gone for her husband, as for the retroactively divorced woman, it is valid to divorce her. For the survival of the husband's property for a privete part. It results in divorce between the spouses The dissolution of the marital knot between them, and the termination of their marriage, given that khul’ is annulment of the marriage, after the divorce, the spouses become foreign to each other. The jurists have opinions regarding determining the reality of divorce. The number of divorces khula is not counted as a one divorce The divorced Udah Most of the people of knowledge, including: Imam Ahmad, Al-Shafi’i, and Malik, went to the saying: the waiting period for a divorced woman is three months, as is the waiting period for a divorced woman, Some scholars that her waiting period is one menstruation, and it is narrated on the authority of Othman bin Affan, Ibn Omar, and Ibn Abbas - may God be pleased with them - and it is also a saying on the authority of Ahmed, and it was said by Ibn Al-Mundhir and others. The divorced woman ( Mukhla’) rights There are many opinions of scholars regarding the right of the divorced woman to alimony and housing, and this is explained in the following The loss of the right of the divorced woman to alimony and housing This is what the Malikis and Abu Hanifa went to, and the Malikis were excluded The pregnant woman As she remains entitled to alimony. The divorced woman's rights are not forfeited by divorce unless the wording of the divorce explicitly includes that and that was about agreement between them, And the Hanbalis held that, and the majority of the Hanafis established the right of the divorced woman ( Mukhla) to housing without alimony, This is what Al-Shafi’i and Al-Laithi went to, and it is the saying of Malik Ibn Anas. For His saying - the Most High -: (Do not expel them from their homes, nor do they shall be expelled unless they commit a clear indecency)) Proving the right of the divorced woman ( Mukhla) to alimony without housing, which is what Imam Ibn Hazm went to.

First: Conditions for divorce related to the divorced person 1- To be husband Divorce is not valid without the woman's husband, and the husband is the one in which the husband is connected with the woman he wants to divorce with a valid legal marriage contract. 2- To be sane The divorce of the insane and the insane is not valid, according to the consensus of the jurists, due to the lack of capacity for the insane and the lack of eligibility, when the imbecile, it resembles the little one, who did not report; So divorce does not occur from them, but the person who has madness is not applied;his divorce takes place in the event of his recovery; because he is considered fully eligibility,It does not fall in a state of insanity, and jurists attached some cases to the insane; like: sleeper and passed out and astonished He is the one who often makes mistakes in his statements about his habit during anger - Mubarsim It is a disease that affects the brain, divorce does not take place in these cases The drunk If drunk under compulsion or with the intention of necessary treatment in some cases, or because he did not know that the one who drank it was an intoxicant, so his divorce does not take place according to the agreement of the jurists, because he is out of his mind like a madman, and that is if drunkenness affects his mind, but if drunkenness does not affect his mind, divorce takes place. And if the person gets drunk at his will without need and without coercion, so his divorce takes place; as a punishment for what he did; It is the doctrine of the majority of jurists 3- He must be an adult It is not valid to divorce from the young, whether he was distinguished or not; because divorce is a harm that the child cannot bear, and divorce does not occur from the guardian of the child either, but the Hanbalis went on to say that divorce occurred from the discerning boy; If he knows the meaning of divorce and the ensuing rights of both parties. 4- To be intentionally chosen That the divorced intends for the occurrence of divorce with his words, so the divorce of a jurist who utters it to teach people does not take place, or someone who repeats it to tell a story without intending to divorce his wife. 5- A foreigner who has learned the pronunciation of divorce does not take place without realizing its meaning, 6 - Divorce takes place in the event of ridicule, mockery and play between the spouses By uttering the word divorce unintentionally, its true meaning, because there is no play or mockery in the issue of divorce, so it is achieved that it falls for rebuke, and for not returning to this wasting and playing, but the one who makes a mistake in speaking utters the word divorce, his divorce does not take place; Because he did not intend to divorce The Divorce conditions related to the divorced woman 1 -That the marriage be verified in fact or in the case of divorce 2 - That the divorced woman be a wife 3 - Or that the divorced woman is in the waiting period for a revocable divorce But if the divorced woman was in an irrevocable divorce and he divorced her again while she was in the waiting period, his divorce does not take place, because he does not have guardianship over her in a minor irrevocable divorce. 2- The divorcer appoints the divorced woman and appoints her by referring to her, or by pronouncing an adjective in it, or by intention, and if he did it all, divorce took place, according to the agreement of the jurists. He used to say, pointing to her: O Zainab, you are divorced. Even if he referred to one of his wives, and he did not utter a description of it with his intention to divorce it, then the divorce took place, even if he described it without referring to it and did not intend anything else; The divorce took place. To be his wife with the right contract; If he contracted with an iddah woman, or a contract with his wife's sister, or other invalid contracts; it does not fall, to divorce Because the woman is not considered his wife because the contract is invalid. The Terms of divorce related to the formula 1 - That the wording of divorce be a word indicating divorce explicitly or a metaphor; divorce does not occur by the husband; Like someone who takes his wife out of her house to her family's house, He pays her the back of her dowry and sends her goods; Divorce does not occur with all of these even if he intended to divorce her, he must utter the word of divorce until it takes place. 2- The intention alone is not valid for divorce to take place, and if the husband doubts whether he has divorced or not; divorce does not take place; Because doubt does not result in a legal ruling, the legal ruling is only achieved when there is complete certainty and conjecture that what is meant by the term is divorce and nothing else, according to the majority of jurists. 3- And the divorce takes place with the explicit expression without intention, as for the divorce with the implicit expression; that is, the expression that may mean divorce and other things, such as the husband saying: I let you go, or I separated from you, or go to your family's house, and other expressions; the husband must have the intention of divorce in order for the divorce to be achieved and proven. 4- The divorce takes place in writing if the writing is clear and elaborately drawn, and if the husband does not intend to divorce, if the writing is not clear; Divorce does not take place even if the husband intends to divorce her and this is the view of the majority of scholars, the Hanafis, Malikis, Hanbalis, and Shafi’is hold the view that divorce does not take place from the husband if he did not intend by his writing to divorce, and the occurrence of divorce by writing if the husband intended to do so. 5 - Divorce by reference; So the majority of jurists went to say that divorce does not take place by referring to the person who is able to speak, and the Malikis went to say that divorce takes place by the sign of the person who is able to speak, provided that the sign is clear in its indication of divorce, If the sign is not clear, then the divorce does not count as the utterance being intended, If the husband divorces his wife unintentionally, like someone who wanted to utter a word but made a mistake and uttered the word divorce; the divorce does not take place between him and God, but in the judiciary it takes place, because the judge does not know the intention of the husband when he uttered the word of divorce.