Marriage & Family Law

Mishkat al-Masabih

Marriage

‘A’isha told of hearing God’s Messenger say, “There is no divorce or emancipation in case of ighlaq." It is said that the meaning of ighlaq is “constraint”. Abu Dawud and Ibn Majah transmitted it.

Mishkat al-Masabih

Marriage

Abu Huraira reported God’s Messenger as saying, “Every divorce is allowable except that by an idiot or one whose mind is deranged.” Tirmidhi transmitted it, saying this is a gharib tradition, and ‘Ata’ b. ‘Ajlan, the transmitter, is a weak...

Mishkat al-Masabih

Marriage

a sleeper till he awakes, a boy till he reaches puberty, and an idiot till he is restored to reason.” Tirmidhi and Abu Dawud transmitted it. Darimi transmitted it on the authority of 'A’isha, and Ibn Majah on the authority...

Mishkat al-Masabih

Marriage

‘A’isha reported God’s Messenger as saying, “The divorce of a slave-woman consists in saying it twice, and her 'idda period is two courses.” Tirmidhi, Abu Dawud, Ibn Majah and Darimi transmitted it.

Mishkat al-Masabih

Marriage

Abu Huraira reported the Prophet as saying, “Women who withdraw themselves from their husbands and women who persuade their husbands to divorce them for a compensation are hypocrites.”* *This type of separation should be by mutual consent. Nasa’i transmitted it.

Mishkat al-Masabih

Marriage

Nafi’ quoted a client to Safiya daughter of Abu ‘Ubaid to the effect that she got a divorce from her husband in return for everything she possessed and that ‘Abdallah b. ‘Umar made no objection to that. Malik transmitted it.

Mishkat al-Masabih

Marriage

Mahmud b. Labid told that when God’s Messenger was informed about a man who had divorced his wife declaring it three times without any interval between them, he arose in anger and said, “Is sport being made of the Book...

Mishkat al-Masabih

Marriage

Malik told of hearing that a man said to ‘Abdallah b. ‘Abbas, “I have divorced my wife, uttering the divorce a hundred times, so what do you think I have made myself liable for?” Ibn ‘Abbas replied, “She was divorced...

Mishkat al-Masabih

Marriage

Mu'adh b. Jabal told that God’s Messenger said to him, “Mu'adh, God has created nothing on the face of the earth dearer to Him than emancipation, and God has created nothing on the face of the earth more hateful to...

Mishkat al-Masabih

Marriage

‘A’isha told that the wife of Rifa'a al-Qurazi came to God's Messenger and said, “I was married to Rifa’a but he divorced me, making my divorce irrevocable. Afterwards I married ‘Abd ar-Rahman b. az- Zubair, but all he possesses is...

Mishkat al-Masabih

Marriage

‘Abdallah b. Mas'ud said that God’s Messenger cursed the man who made a woman lawful for her first husband and the one for whom she was made lawful.* * This refers to an arrangement to marry a divorced woman and...

Mishkat al-Masabih

Marriage

Sulaiman b. Yasar said he met over ten of the companions of God’s Messenger all of whom said that the one who swears to stay away from his wife must be made to return to her or divorce her at...

Mishkat al-Masabih

Marriage

Abu Salama told that Sulaiman b. Sakhr, also called Salama b. Sakhr al-Bayadi, made his wife like his mother’s back* to him till the end of Ramadan, but when only half the month had gone he had inter-course with her...

Mishkat al-Masabih

Marriage

Abu Dawud, Ibn Majah and Darimi transmitted something similar on the authority of Sulaiman b. Yasar quoting Salama b. Sakhr who said, “I was a man who was more given than others to sexual intercourse.” Abu Dawud, Ibn Majah and...

Mishkat al-Masabih

Marriage

Sulaiman b. Yasar on the authority of Salama b. Sakhr, reported the Prophet as saying about one who vows to make his wife like his mother’s back and has intercourse with her before making atonement, “There is one atonement.”* *...

Mishkat al-Masabih

Marriage

‘Ikrima told on the authority of Ibn ‘Abbas that a man who had vowed to make his wife like his mother’s back had intercourse with her before making atonement, so he went to the Prophet and mentioned that to him....

Mishkat al-Masabih

Marriage

Mu'awiya b. al-Hakam told that he went to God’s Messenger and said, “Messenger of God, I have a slave girl who was herding sheep of mine. I went to her, having missed a sheep from the flock, and asked her...

Mishkat al-Masabih

Marriage

“Tell me about a man who finds a man along with his wife. Should he kill him and then be killed by you1, or how should he act?’’ He replied, “A revelation has been sent down about you and your...

Mishkat al-Masabih

Marriage

Ibn ‘Umar said that the Prophet made a man and his wife invoke curses when the man disowned her child, and separated them and attributed the child to the woman. In his tradition transmitted by both of them it says...

Mishkat al-Masabih

Marriage

He reported the Prophet as saying to two who were invoking curses regarding one another, “Your reckoning is in God’s hands, for one of you is lying.” He then told the man that he could not remarry her, whereupon he...