|
In the ''ṭalāq'' divorce, the husband pronounces the phrase "I divorce you" (in Arabic, ''talaq'') to his wife. A man may divorce his wife three times, taking her back after the first two (reconciling). After the third ''talaq'' they can't get back together until she marries someone else. Some do a "triple ṭalāq", in which the man says in one sitting "I divorce you" three times (or "I divorce you, three times", "you're triple divorced"). Many Islamic scholars believe there is a waiting period involved between the three talaqs, pointing to Quran 65:1 and various hadiths. However the practice of "triple ṭalāq" at one sitting has been "legally recognized historically and has been particularly practiced in Saudi Arabia." Shia and Sunni Muslims have different rules for performing a ''ṭalāq'' divorce. According to some Sunni schools of jurisprudence, each talaq utterance should be followed by a waiting period of three menstrual periods for women or three month (''iddah''), when the couple are supposed to try to reconcile with the help of mediators from each family, until the third and final ''ṭalāq''. Some Sunnis who believe the practice of triple talaq in one is wrong; nonetheless accept it as final, especially the Hanafi schools of jurisprudence. Shias don't have the concept of verbal "Triple Divorce" i.e. just uttering the phrase "I divorce you" three times. Shi'a practice also has a ''iddah'' waiting period when the couple are supposed to try to reconcile with the help of mediators from each family, but requires two witnesses for the declaration of ''ṭalāq''.〔('Aalim Network QR ) Witnesses for Marriage ]〕 If the couple breaks the waiting period, the divorce is voided. After the waiting period is over, the couple is divorced and the husband is no longer responsible for the wife's expenses, but remains responsible for the maintenance of the children until they are weaned. It is also possible for a woman to petition a ''qadi'' (judge of Muslim jurisprudence) for a divorce under certain conditions. The circumstances which are regarded as acceptable vary amongst the four Sunni groups of Islamic schools of jurisprudence. == ''Talaq'' == The Sunni Muslim husband may initiate the divorce process by pronouncing the word talaq, the formula of repudiation, three times. The first two times the talaq is pronounced, it may be withdrawn. But the third time it is pronounced, the divorce is irrevocable. There are a range of systems specifying the requisite formalities to complete an irrevocable divorce, i.e., whether some period of time must elapse between each pronouncement of talaq, whether there must be mediation, or the need for witnesses. According to the Quran which is the book on which Islam is based, there is a waiting period. In countries where polygyny is permitted, there is no waiting period before the husband can remarry. The wife must usually wait three months after the third talaq has been spoken before remarrying (this period is known as ''iddah'').〔Freeland, R, "The Use and Abuse of Islamic Law", Volume 73, ''The Australian Law Journal'', 130〕〔Hasan, A, "Marriage in Islamic Law - A Brief Introduction", (March, 1999) ''Family Law'', 164〕〔Hinchcliffe, D, "Divorce in the Muslim World", (May, 2000), ''International Family Law'', 63〕〔South African Law Commission, Islamic Marriages and Related Matters, Project 59. July, 2003. ()〕 The talaq is endorsed by several scholars of the Sunni theology, and some in the Zaydi theology. It consists of the husband saying the phrase ''"I divorce you"'' (in Arabic, talaq) to his wife, three times.〔(Triple Talaq )〕 Shīʻa and Sunnī have different rules to engage a talaq. The talaq has three steps: *Initiation *Reconciliation *Completion (Shia do not use the procedure to end a temporary marriage (Nikah mut‘ah), since Shi'a view Islamic divorce as a procedure stemming from a conflict rather than a decision. The Shi'a annul the temporary marriage (Nikah mut‘ah) at the end of the period, without any divorce being involved, since its duration was predetermined at the outset and there is not necessarily a conflict to resolve. Temporary marriage is not permitted in Sunni Islam.) 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Divorce in Islam」の詳細全文を読む スポンサード リンク
|