The True fatwa about divorce and the laws that are related to it
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Imam Mahdi Nasser Mohammad Al-Yemeni
25 - 04 - 1430 AH
21 - 04 - 2009 AD
02:37 am
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Marriage is twice and divorce is twice, and no divorce except by parting, nor separation before completing the prescribed period..
In the name of Allah the All Merciful, the Most Merciful, and peace be upon the messengers, and praise be to the Lord of the worlds..
Allah the Most High said: {O Prophet, when you divorce women, divorce them for their prescribed period, and calculate the period; and keep your duty to Allah, your Lord. Turn them not out of their houses — nor should they themselves go forth — unless they commit an open indecency. And these are the limits of Allah. And whoever goes beyond the limits of Allah, he indeed wrongs his own soul. You do not know perhaps after that Allah would bring about an event.(1) So when they have reached their prescribed time, retain them with kindness or dismiss them with kindness, and call to witness two just ones from among you, and give upright testimony for Allah. With that is admonished he who believes in Allah and the Latter Day. And whoever keeps his duty to Allah, He ordains a way out for him,(2) And gives him sustenance from whence he imagines not. And whoever trusts in Allah, He is sufficient for him. Surely Allah attains His purpose. Allah indeed has appointed a measure for everything.(3) And those of your women who despair of menstruation, if you have a doubt, their prescribed time is three months, and of those, too, who have not had their courses. And the pregnant women, their prescribed time is that they lay down their burden. And whoever keeps his duty to Allah, He makes his affair easy for him.(4) That is the command of Allah, which He has revealed to you. And whoever keeps his duty to Allah, He will remove from him his evils and give him a big reward.(5)}Truthful Allah the Great [Al-Talaq] 65:1-5
{يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ ۖ وَاتَّقُوا اللَّهَ رَبَّكُمْ ۖ لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ۚ وَتِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ ۚ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا ﴿١﴾ فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُوا ذَوَيْ عَدْلٍ مِّنكُمْ وَأَقِيمُوا الشَّهَادَةَ لِلَّهِ ۚ ذَٰلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِاللَّهِ وَالْيَوْمِ الْآخِرِ ۚ وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مَخْرَجًا ﴿٢﴾ وَيَرْزُقْهُ مِنْ حَيْثُ لَا يَحْتَسِبُ ۚ وَمَن يَتَوَكَّلْ عَلَى اللَّهِ فَهُوَ حَسْبُهُ ۚ إِنَّ اللَّهَ بَالِغُ أَمْرِهِ ۚ قَدْ جَعَلَ اللَّهُ لِكُلِّ شَيْءٍ قَدْرًا ﴿٣﴾ وَاللَّائِي يَئِسْنَ مِنَ الْمَحِيضِ مِن نِّسَائِكُمْ إِنِ ارْتَبْتُمْ فَعِدَّتُهُنَّ ثَلَاثَةُ أَشْهُرٍ وَاللَّائِي لَمْ يَحِضْنَ ۚ وَأُولَاتُ الْأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ ۚ وَمَن يَتَّقِ اللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْرًا ﴿٤﴾ ذَٰلِكَ أَمْرُ اللَّهِ أَنزَلَهُ إِلَيْكُمْ ۚ وَمَن يَتَّقِ اللَّهَ يُكَفِّرْ عَنْهُ سَيِّئَاتِهِ وَيُعْظِمْ لَهُ أَجْرًا(5)} صدق الله العظيم [الطلاق].
And to the True statement in fact I do not say upon Allah except the Truth..
O assembly of Muslims, Allah commanded if you divorced the women that the law dose not depend on applying the divorce by separation except after the completion of the appointed period of the divorce and it is three months for to be divorced (women) other than the pregnant ones and those who their husbands Allah puts them to death.
And the divorced woman should remain with her husband even if he divorced her (uttered) for thousand times, applying the divorce by separation should not happen unless by separation and applying the separation should not happen except after the completion of its appointed period which is three months.
And it is lawful for her occupying her husband's home until the completion the appointed term for applying the divorce by separation;
In the meaning of; that she do not seas of being his wife until the term is passed and the term it's period is three months for the menstruating that are not pregnant, and she does not seas of being lawful to him, so if the two who is married agreed and backed of the divorce before the term is passed so it is not considered a divorce a thing as long it did not come to its term which is three months of the divorced, and four months and ten days for the ones whom Allah made their husbands die.
And it is lawful for the divorced females to stay in their husband's homes so they are still lawful for them if they wanted to an agreement in backing off the divorce then the hugging as long the know term of the divorce did not come to its end. So she is still in the marriage licence of her husband until the term is passed and not allowed to her leave forcibly from her husband's home before coming of the divorce term unless if she commits a clear indecency. So keep you duty to Allah O crowd of the oppressors to the sisters of the Imam Mahdi in the religion of Allah the Muslim believing women so do not oppress them then force them to leave from their husband's homes in the instance of their divorce. And not allowed for the females to leave their families' home before the term is passed so you over pass the limits of Allah and who trespass the boundaries of Allah (he or she) just wronged them selves. Confirming with the word of Allah the Most High:
{O Prophet, when you divorce women, divorce them for their prescribed period, and calculate the period; and keep your duty to Allah, your Lord. Turn them not out of their houses — nor should they themselves go forth — unless they commit an open indecency. And these are the limits of Allah. And whoever goes beyond the limits of Allah, he indeed wrongs his own soul. You do not know that Allah may after that bring about an event.}Truthful Allah the Great [Al-Talãq] 65:1
{يَا أَيُّهَا النَّبِيُّ إِذَا طَلَّقْتُمُ النِّسَاءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُوا الْعِدَّةَ ۖ وَاتَّقُوا اللَّهَ رَبَّكُمْ ۖ لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ۚ وَتِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ ۚ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا} صدق الله العظيم [الطلاق:1].
And the purpose of their staying in their homes perhaps her husband's anger go away and then he regrets and back off the divorce before its term is passed, so they agree then they hug and the compassion and mercy between them returns greater then before. and that is the wisdom of her staying in her husband's home so it is not allowed for her to leave from her family's home because the pride overtake them to sin so he does not take her back to him even if they agreed on what is between them for returning to each other and for that Allah commanded you and them in staying in their homes and it is their husbands' homes. Confirming with the word of Allah the Most High: {Turn them not out of their houses — nor should they themselves go forth — unless they commit an open indecency. And these are the limits of Allah. And whoever goes beyond the limits of Allah, he indeed wrongs his own soul. You do not know that Allah may after that bring about an event.}Truthful Allah the Great [Al-Talãq] 65:1
{ لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ۚ وَتِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ ۚ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا} صدق الله العظيم [الطلاق:1].
In that the wisdom rests by keeping her in, perhaps Allah brings about a situation which is the backing off out the divorce then the mutual agreement and hugging but before the term of divorce is applied after the known term is passed with the separation. And if they agreed and hugged before the known term is passed then it does not count as a lawful divorce for ever and ever and ever unless the term is passed.
If the term is passed which is the three months and they still did not agree and did not hug even if passed it by one day then she is not lawful for him except with new legal contract from her guardian who has in his hand the marriage contract then this is counted one divorce even if the husband said to his wife you are divorced thrice that is innovation that Allah did not decreed with it from an authority and it is not considered a law except the divorce term is passed and he is still persisting. Then it is applied legally with the separation unless the known term reached its time and and nothing happened before that which is the mutual agreement and the hugging, so then at the passing of the divorce term it is allowed for her to leave the house of her husband and complete the application of the divorce with the separation and it is considered a one time divorce only.
And if the the term is passed and she was sent to her family's home and then after that her husband wanted to returns her and she wanted to go back to her husband, it is not allowed for her guardian to refuse in writing the marriage contract as long she agreed to return in writing the contract with her first husband, he has the priority in her from other than him so let him do the contract with her husband in returning her to him. Confirming with the word of Allah the Most High: {And when you divorce women and they end their term, prevent them not from marrying their husbands if they agree among themselves in a lawful manner.}Truthful Allah the Great [Al-Baqarah] 2:232
{وَإِذَا طَلَّقْتُمُ النِّسَاءَ فَبَلَغْنَ أَجَلَهُنَّ فَلَا تَعْضُلُوهُنَّ أَن يَنكِحْنَ أَزْوَاجَهُنَّ إِذَا تَرَاضَوْا بَيْنَهُم بِالْمَعْرُوفِ} صدق الله العظيم [البقرة:232].
And no marriage with out a lawful contract from her guardian who is in his hand the the marriage contract and he is her guardian and it is not allowed in marring her except with his permission of her guardian and it is allowed for her guardian to conduct the marriage contract two times only as the divorce is only two times. So there is no marriage except with contract, and the contract would not get unbind except with the end of the term period and if the period is passed and her husband wanted to return her he (the guardian) should make a new contract for him and to return her to her husband. And if he (the husband) divorced her for the third time and had come the term of the divorce then it passed the three months, so there she should be taken from the home of who was her husband then she is not lawful to unless she marry other husband. then if they were separated her and the new husband of her's and the term was passed and was taken to the house of her family, so if her first husband wanted to return her she is lawful to him after she married other husband with application of lawful contract from the guardian of her affairs.
And perhaps one of the nation's scholars would like to interrupt me and say wait.. wait.. Allah the Most High said:
{Divorce may be (pronounced) twice; then keep (them) in good fellowship or let (them) go with kindness.}Truthful Allah the Great [Al-Baqarah] 2:229
{الطَّلَاقُ مَرَّتَانِ ۖ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ} صدق الله العظيم [البقرة:229].
Then the Imam Mahdi Nasser Al-Yemeni reply to him and declare with the Truth and say: Our Allah yes the marriage is twice as the divorce is twice, and before I answer with details upon your question for the Imam Mahdi Nasser Al-Yemeni a question I want the answer from you of it O honored respectable sheikh, so explain to me if her husband divorced her for the third time is there a term period to be reckon and to calculate the period three months or that it is lawful for you to make her marry to who you willed before the term period is passed? And your answer is known; our Allah no until it is passed her term period for three months for the divorced females. And then I pass to him an other question, did Allah allow you to make them leave their homes before the end of their term period the three months for the divorced females? And the answer is; Allah just forbade removing her before the term period is passed the three months. So if it was the third divorce she stays in he husband's home until her term period the three months are passed, so if the three months passed which is 90 days then the sun was set on the last day of the nineteenth day and disappeared behind the horizon so there it completes the separation with the third divorce, so she is not to be lawful for him ever until she marry another husband because the contract is twice and not three times. Don't you see that you are oppressors? Keep your duty for Allah in your relatives and your women O crowd of Muslims perhaps you receive mercy.
And there is no term period for who she married and her husband did not come to his tilth and wanted to divorce her did not touch her with intercourse so no term period for her. So let him provide for her and set her free in goodly manner. Confirming with the word of Allah the Most High: {O you who believe, when you marry believing women, then divorce them before you touch them, you have in their case no term which you should reckon. But make provision for them and set them free in a goodly manner.}Truthful Allah the Great [Al-Ahzãb] 33:49
{يَا أَيُّهَا الَّذِينَ آمَنُوا إِذَا نَكَحْتُمُ الْمُؤْمِنَاتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا} صدق الله العظيم [الأحزاب:49].
Let him give her half of the ordained dory that was agreed upon it. Confirming with the word of Allah the Most High: {And if you divorce them before touching them, but after you had set the dowry for them, the compensation shall be half the dowry, unless they voluntarily forfeit their rights, or the party responsible for causing the divorce chooses to forfeit the dowry. To forfeit is closer to righteousness.}Truthful Allah the Great [Al-Baqarah] 2:237
{وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلَّا أَن يَعْفُونَ أَوْ يَعْفُوَ الَّذِي بِيَدِهِ عُقْدَةُ النِّكَاحِ ۚ وَأَن تَعْفُوا أَقْرَبُ لِلتَّقْوَىٰ} صدق الله العظيم [البقرة:237].
And Allah taught you that to forfeit is closer to righteousness as long he did not enjoy a thing by her, and lawful for her the marriage even if it is after her departure from her husband's home directly, it is allowed for her guardian to do her marriage contract with another one if he came forward (asking her marriage) for there is no term period law (in this case).
O nation of Islam I ask you to witness upon all the nation's scholars who was for him any objection in the rule of the marriage and divorce in the law of the Imam Mahdi who is the same law that Mohammad the messenger of Allah -forgiveness and peace be upon him and his family- it is not allowed for them the silence. So let us have the book of Allah as a judge and if I do not be guarding over you with the True law from their Lord from His precise Book until they do not find any strain in their hearts as to that which I deiced among them and they submit with full submission or the disbelieve with the laws of Allah in the marriage and divorce in the Great Quran, and if they come and proved from the precise Book of Allah that the law of Nasser Mohammad Al-Yemeni contradicting what Allah revealed so at that it is not allowed for a supportive helper the continuation in following me as long I judged in the divorce in contradiction to Allah's rules in the law of the Book, and only if I proved the rules of Allah the True in the divorce from the precise Book of Allah then the did not acknowledge with the Truth from their Lord and they continue in the women's oppression whether they were the people of the Torah or the Gospel or the Quran, so I warn them with a severe punishment from Allah. Confirming with the word of Allah the Most High:
{And whoever judges not by what Allah has revealed, those are the transgressors.}5:47
{And whoever judges not by what Allah has revealed, those are the disbelievers.}5:44
{And whoever judges not by what Allah has revealed, those are the oppressors.}5:45
{وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْفَاسِقُونَ}صدق الله العظيم [المائدة:47].
{وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الْكَافِرُونَ} صدق الله العظيم [المائدة:44].
{وَمَن لَّمْ يَحْكُم بِمَا أَنزَلَ اللَّهُ فَأُولَٰئِكَ هُمُ الظَّالِمُونَ} صدق الله العظيم [المائدة:45].
Truthful Allah the Great
if you apply the law of Allah with the Truth then the percentage of divorce will get reduced in the Islamic world to 95% percent.
So follow me perhaps you and your nation receive His mercy.
And peace be upon the messengers, and praise be to Allah the Lord of the worlds.
Your brother Imam Mahdi Nasser Mohammad Al-Yemeni
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https://mahdialumma.online/showthread.php?1780
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