Читать книгу A Dictionary of Islam. Being a cyclopedia of the doctrines, rites, ceremonies, and customs, together with the technical and theological terms, of the Muhammadan religion онлайн

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“The thing which is lawful but disliked by God is divorce.”

“The woman who asks her husband to divorce her without a cause, the smell of Paradise is forbidden her.”

“There are three things which, whether done in joke or in earnest, shall be considered serious and effectual, namely, marriage, divorce, and taking a wife back.”

“Every divorce is lawful except a mad-man’s.”

“Cursed be the second husband who makes the wife (divorced) lawful for her first husband, and cursed be the first husband for whom she is made lawful.”—(Mishkāt, xiii. c. xv.)

III. Sunnī Muḥammadan Doctors are not agreed as to the Moral Status of Divorce.

The Imām ash-Shāfiʿī, referring to the three kinds of divorce (which will be afterwards explained), says: “They are unexceptionable and legal because divorce is in itself a lawful act, whence it is that certain laws have been instituted respecting it; and this legality prevents any idea of danger being annexed to it.” But, on the other hand, the Imām Abū Ḥanīfah and his disciples say that divorce is in itself a dangerous and disapproved procedure, as it dissolves marriage, an institution which involves many circumstances both of a spiritual as well as of a temporal nature. Nor is its propriety at all admitted, but on the ground of urgency of release from an unsuitable wife. And in reply to ash-Shāfiʿī, they say that the legality of divorce does not prevent its being considered dangerous, because it involves matters of both a spiritual and temporal character.