Jino and Kisya

Avoiding the debate

***This is not an update, this is just to avoid debate about idah.

No Need for Iddah.

In sharia law, when the husband drops talak to his wife, then the talak falls, even though the husband has never once touched the wife in the sense of doing jima' with her.  

Their marital status was completed through legitimate talaq. Only difference, the status of the wife is still bikr or virgin. And one more, the wife does not need to undergo the period of iddah as generally divorced women. Because he's never been fucked at all.

This is because it has been affirmed by Allah SWT when saying :

يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحاً جَمِيلاً

O you who believe, if you marry believing women, then you divorce them before you mix them, then there is no obligation upon them 'iddah for you to perfect them. (QS. Al-Ahzab :49)

And this verse can be taken as a proposition, that a wife who has not been cared for by her husband has no obligation to spend ‘iddah. However, if her husband dies before he hires his wife, then the divorced wife must undergo ‘iddah as if her husband had married her. 

The other consequence is 'favorable' wife who does not undergo the period of iddah, she can immediately marry another man, once the talak dropped by her husband. 

How many Talaq?

If the talaq problem how much dropped, of course, depends on the husband. Generally the talak is one, although there are some opinions that say if the husband calls the talak three, then the talak falls three.

But the point is that the problem of talak how much, depends on the husband when dropping talak. 

Can I Refer to?

Before answering this point, it must be explained first what is meant by reference, and what is different from remarriage. 

The reference is the decision of the husband who has divorced his wife, with the aim of continuing the marriage relationship, where the reference was done during the iddah period has not been completed.

The way to do a simple reference, the husband simply recites in oral that he has referred his wife. No need for witnesses even if the wife does not hear directly from the husband's mouth, the reference remains valid.

Even some scholars have argued that the reference is quite done in the heart. Other clerics allow referencing simply by going into the wife's room and performing a jima'.

But to be able to do the reference, there are several conditions, namely, among others that the wife has been spiked before by the husband during the marriage. In addition, the reference can only be run when the wife is experiencing iddah.

With conditions like this, then if a wife divorced without having an iddah period like the case above, of course there is no place to do a reference.

But of course it is possible for the couple to reunite. Because the status of divorce is not talak bainunah kubra which forbids the wife to reunite with the husband. The status is only one talak, which is very possible for the two to reunite. It's just that the way is not by referring, but by remarrying. 

What is the Difference Between Referral and Re-Marriage?

Although the end result remains the same, the divorced husband and wife are reunited in the marriage bond, but the two ways are different from the 'bureaucracy' side.

The technical reference is very simple, that is, the husband simply said to the wife, "You I refer". Then their relationship returned again as a legitimate and perfect husband and wife.

While the technicalities of remarriage is certainly a little more complicated, because the pillars of marriage must be met, namely the guardian, namely the biological father of the wife, the bridegroom, the kabul ijab or akad and two Muslim witnesses, boy, akil baligh. In addition there must also be a new dowry, whose value is determined by his wife and father.

It should be underlined that although dowry does not include marriage pillars, dowry includes obligations in marriage that must be paid at the request of the wife.

Does the Mahar Need to be Returned?

To answer this point we must once again be able to distinguish between talaq and fasakh. Although both facakh and talaq separate the marriage relationship between husband and wife, the status and legal consequences that follow behind them are different.

If it is likened to renting a house, then the fasakh is to cancel the rental of the house so that the money is returned and the tenant even though he had occupied the house, after the fasakh would no longer occupy a rented house. In this case what happens in fasakh is the cancellation of the rental agreement.

While talak if likened to rent a house is not to continue the lease or not extend the contract of the house, after previously there has been a rental lease for so long. In this case what happens in talak is not the continuation of the rental agreement, which has happened before.

So if there is a case where a couple separated by way of fasakh in their marriage, legally as if they had never been married before. And that's when the dowry has to be returned.

As for the case of talaq which is not a fasakh, the marriage contract is considered valid and valid. So the dowry that has been handed over certainly can not be returned again. Although there has been no intercourse between husband and wife. 

In the case we are discussing above, what happens is talaq and not fasakh. The dowry does not need to be returned. The cause is that the marriage contract has occurred legally and the dowry has been handed over.

The story will be different if in the marriage contract it has not been handed a dowry, it has not even been mentioned how much it is worth. Then after Ijab kabul husband immediately dropped talak on his wife who also had not been spiked. 

🌺🌺🌺🌺🌺🌺🌺🌺🌺🌺🌺🌺🌺🌺

How is it clear yet kisya status???. I can not continue if there is still a debate about idah. Because I also write not the origin of writing. Religion is also afraid. That's why I asked the same old man and read some related articles about Idah.

How do you want to continue? Or still want to argue about idah???

Showing hands that still can't understand !!!... 

What do you want to do further?

Please fill the comment field so that I can know what you are, about religion is very like danger and can make a debate. That's why I read a comment, I actually even make a debate, confused I become. Hehe...

But makasi a lot yes, have read jino and kisya.

Lee 🌺 Evangelin_Harvey muach muach muach muach muach muach muech***.