The meaning of Nikah and information upon it

Nikah means entering of two things into each other for example sleep enters the eyes but it is more accurately a euphemism for the meeting of the two private parts through marriage. Sexual intercourse outside of marriage is haram and whom you are allowed to have intercourse with legally is but a few out of the billions of people in the world, (99% are haram for you). Out of 100% at least 45% or more are pure mushrikeen whom follows cult religions not recognized by Islam or deny their creator. If you wanted only a Muslim for a wife then 76.8 of the world are disbelievers leaving only 23.2% of the world as a viable option for marriage. In simple terms only a few are halal for intercourse with you in your life such as your Wives, slaves, concubines who you would have acquired thorough war or other means. 

The structure of the text and expounding upon the scholarly opinions regarding the ruling of Nikah

To state a word and then gives its explanation is a common structure in classical legal text as I did above. In the commentary of sheikh sharnubi he employs this tactic as others scholars have done because the different madhabs use the same/similar words but they can mean radically different things as this commentary states and expounds upon to clarify the matters spoken about. In the shariah it’s a euphemism for cohabitation, The Imam of our madhab the great imam malik says nikah is mustahab a highly recommended act, Sheikh abu hassan ad shadiili lived in the 9^th century hijri 1532 and mentioned in his time there is many opinions on whether marriage is mustab or not,

Leaving off marriage due to lack of ability and seeking knowledge

the author expands and says some of them (scholars) say leaving off marriage and focusing on ibadat (praying fasting) is preferred if he fears he cannot give due rights to a wife such as food, money, a reasonable quality of living equal (or similar) to what she had in her premarried life (that’s recommended not a rule). If not able to fulfill the rights of a Muslim woman its mentioned its superior to not get married in that specific case as you would have more time for worship and Islam and your life be in less chaos due to not having such a burden on your shoulders.

A brief section on Scholars of Islam who did not get married

In the history of islam there have been many great scholars who never married such as imam nawawi and sheikh al Islam ibn taymiyyah. When asked why did imam nawawi not get married he responded “naseetu” because “I had forgotten”. He was so busy with knowledge and wanting to benefit the Ummah marriage was not seen as a important thing for him. Ibn Taymiyyah also did not marry, he was a great yet controversial hanbali scholar who was locked up many times by the ruling class for his Islamic stances. Ibn taymiyyah participated in the battle of “Marj al saffar” which repelled the mongol invaders. Many great scholars of Islam were always writing books to benefit the ummah or even at times of their lives lock up for not compromising on Islamic stances!

Being married is preferred than to be unmarried (the stronger opinion)

Others scholars of Islam would beg to differ and would say marriage is better and struggle in the pursuit of halal means to the max of their ability especially in regards to nikah as if he cannot find a halal way (to reach nikah and other halal things) then he would be able to get into grey areas or muddy industries (not haram) in which there is differing scholarly opinions so that he can do a halal act and the logic is that it would do more good than harm to enter a grey area in pursuit of a clear halal act an example could be something like crypto which people disagree on in order to raise funds for Nikah which is an agreed upon act.

Marriage is obligatory for the one who fears sins

Sheikh sharnubi a great scholar said that marriage is obligatory for someone who would commit haram due to not being married because (its highly probable) an unmarried man would commit zina or other illegitimate sexual acts such as masturbating or watching pornography perhaps even rape or molesting someone as the addiction grows because of unmet sexual desires and releasing them in a illegitimate way. In such a case its far worse outcome to be an unmarried man committing major sins (in which the consequences of some can last a lifetime) than a married man struggling to provide rights to his wife but his cohabitation is halal. He also says marriage Is haram if it would somehow prevent you from fulliing your fardh al ayn but this is a less likely case as a man is the leader of his home (is supposed to be and married to a Muslim woman) and there is no realistic situation in which your wife would prevent you from practicing Islam but perhaps if a woman married a munafiq or kafir that would for her make nikah haram until she finds a proper suitor.

Intercourse is not permissible except in two cases

1. A valid Islamic married contract (nikah)
2. A slave girl whom your rightfully own (mulk yameen)

Allah mentions in the Quran regarding whom you are allowed to cohabit with clearly in the Quran

5. And those who guard their chastity (i.e. private parts, from illegal sexual acts) 6. Except from their wives or (the captives and slaves) that their right hands possess, for then, they are free from blame; 7. But whoever seeks beyond that, then those are the transgressors;”

Surah Al Mu’minun 5-7

An issue in the modern world is that the only legitimate way for most Muslims to cohabit legally is through marriage contracts (Nikah) as slavery is not widespread (in our times). The buying and selling and exchanging of slaves is not wide spread (in our times) due to the lack of emaan and laziness of modern Muslims who no longer want to fight or at least not for Islamic causes due to fear of the severe consequences.

The prophet narrated in a hadith regarding the weak state of the future Muslims (our times)

Narrated Thawban:

The Prophet (ﷺ) said: The people will soon summon one another to attack you as people when eating invite others to share their dish. Someone asked: Will that be because of our small numbers at that time? He replied: No, you will be numerous at that time: but you will be scum and rubbish like that carried down by a torrent, and Allah will take fear of you from the breasts of your enemy and last enervation into your hearts. Someone asked: What is wahn (enervation). Messenger of Allah (ﷺ): He replied: Love of the world and dislike of death. (sahih)

Sunan Abi Dawud 4297

The lack of Jihad contributes to the lack of slaves who are primarily acquired through Jihad against the kuffaar who are then humiliated as a result of their kufr and their ladyfolk taken into bondage. Modern Muslim states (nations) are weak neutered nations who no longer seek to implement Islamic shariah in a meaningful way and believe that they should assimilate to a modern western style of governance. In the time of the Bosnian Jihad there was a salafi who asked can I take the Serbian kafirs as slaves and the response was that it would be halal in the fiqh but bring bad press towards the Muslims

Homosexual Marriage is forbidden

A homosexual union in Islam is not at all recognized for a person to have signed a homosexual nikah is as if he signed nothing at all for Allah and the Muslims will never accept or see it as something valid but a horrid evil act. In the modern age this has become widespread at a level never seen before but Muslim will not recognize it no matter how widespread it is Allah has made it forbidden!

The pillars of Nikah are 4

• 1.Wali
• 2. mahr
• 3.Witnessing
• 4. legally qualified

The particulars of the wali

You must have a wali (In the Maliki school) it differs from the hanafis who allow nikah without a wali. Sheikh sharnubi said without a wali the marriage is simply not valid even if they are righteous Muslims who knows aqeedah and fiqh, not only do you need wali but he (the Wali) must met certain conditions.

The 1^st is he is practicing Muslim man

Refereed to in the commentary as “Agreement of the two religions” meaning they are both Muslims. The wali cant be a kafir the suitor and the Muslim must match, if its a Muslim woman the one whom she marries must also be a Muslim and the Wali must be a Muslim, if its a Muslim man seeking to marry someone the Wali of the woman he wants to marry must match his religion and I believe this extends toward the aqeedah within the Muslims as well a Muslim cannot marry a shia due to the religions not matching but marrying people of different fiqh is acceptable.

Who is the considered the wali?

The wali is whoever has authority over the Muslim sheikh sharnubi said that that can be a father or a owner of a slave whoever has (legitimate) authority over the slave even if she is old and a spinster she still must have a wali so what about a young beautiful woman? Likewise a Muslim cannot act as a wali of a kafir woman weather she is a slave or free woman, most modern Christians would not even have a wali from their own family such as their father let alone to expect a Muslim to be the wali as Christianity is liberalized and watered down (in our times). Orthodox jews are the only ones who would possibly still keep that practice but they are few in number.

2^nd The wali must be a free man not a semi freed or partially in bondage

If they did a marriage contract and the wali is a kafir or slave that would nullify the marriage as the marriage was not valid in the first place. If a man consummated the marriage with a slave girl who’s wali is a slave the cohabitation would be haram and considered as zina but she would still keep her mahr. I added this point in because its possible the Muslims would take slaves again in our times in a larger scale and not just in limited cases such as in Syrian Iraq civil war in which the yazidis were enslaved or parts of Africa where they have enslaved kuffaar but for most Muslims its not relevant anymore due to no more Jihad being waged but non the less I added it as its relevant to the fiqh topic.

3^rd condition is that one must not be a muwalah

One must not be a muwalah, the arab tribes would put others under their authority in the old times. Some say that a A corrupt master could not be a wali of a woman but the mashur of the madhab is that a fasiq can still be a wali as he is a free Muslim with authority hes just a evil Muslim and it takes away from the perfection of the marriage contact. Its preferable in all cases for a Muslim to be righteous. A foolish person (low IQ) can still be a wali with the permission of their (the foolish mans) wali . The wali of the wali would grant permission and the marriage would be valid. Sheikh sharnubi says corrupt evil behavior does not prevent waliship as he still has guardianship over the females, as long as he is still Muslim and not kafir he is the wali.

The 4^th condition is that they have bulugh

They are mature and have a right state of mind and is male (a woman or trans can never be a wali) being a wali can only be for a male she cannot contact marriage for herself or others even despite if she is a powerful woman she must employ a man to marry someone off on her behalf and that includes herself not just her daughters or slaves, quite a large difference to the Hanafi madhab who allows nikah without a wali at all.

A Khuntha cannot be a wali

A Khuntha is a person who is born intersex which means he may have both male and female genitalia from birth not to be confused with feminine looking men or mescaline looking women who have one working genitalia despite looking the opposite gender. To be born Intersex is not fault of their own it is the wisdom and will of Allah that a infinitely small number of people are born with defects in their private regions but the Maliki scholars wrote about it and made rulings.

The Maliki view of the Khuntha residing among the Muslims

Many of the classical ulema have said that khuntha should establish their own small community away from the normative Muslim community, In my humble opinion this is a mercy rather than a punishment as it allows them to be among those of a similar ilk. This allows them to live a life that is free from persecution and confusion but they are expected to practice islam despite their disability

Should khuntha pray with the men or women?

Sheikh sharnubi says that a khuntha who prays in the congregation should be positioned behind the men but in front of the women (in between both) which is quite fitting as they are not quite fully men or fully women they have a status which is between in regards to their genitalia. Sheikh sharnubi also says that in a legal case a khuntha would take the ruling of a woman (half of a man testimony).

A recap

The wali must be someone with authority over the Muslim woman despite if she is financially wealthy or if she is financially destitute. She must have a Wali even if she is of high status, The wali must be a Muslim even if he commits sins but it is preferable that he is not a sinner. The Hanafis differ from the other schools in that they Allow marriage without Wali, Ibn Taymiyyah a Hanbali took the Maliki view on this and said Muslim women need a wali to marry in all circumstances

Sadaq (mahr)

The dowry is money that you are obliged to pay to the bride in order to be married. This is evidenced in multiple places throughout Islam, Ali was ordered to give sadaq to Fatima

Narrated Ibn ‘Abbas (RA):

When ‘Ali (RA) married Fatimah (RA) Allah’s Messenger (ﷺ) said to him, “Give her something (as dowry).” He replied, “I have nothing.” He said, “Where is your Hutamiya coat of mail?” [Reported by Abu Dawud and an-Nasa’i; al-Hakim graded it Sahih (authentic)].

Bulugh al maram Book 8, Hadith 76

Ali put all of his money and soul into Islam and still he was ordered to give something in sadaq despite being dear to the messenger. This shows the virtues of Ali as well the obligation of sadaq. He married into the family of the prophet so their wealth and belonging would be shared but still he was obligated to give something in sadaq

What is the minimum amount that can be given in mahr?

The minimum in maliki fiqh that can be given in sadaq is a quarter of a gold dinar or 3 dirhams of silver, The weight of a gold dinar is approximately 4.25g per coin and 1g of gold is $62usd. A silver dirham weights approximately is 3gs (3 dirham is 9 grams) and that is the equivalent of $.78cents. The minimum to give in sadaq is $62usd

Why must I give sadaq?

Giving the dowry is the right for God and his creation (who is the recipient). Dowry is not for the woman’s desire alone because there are some women who are wealthy don’t need a mahr but rather its for Allah as he commanded it. In Islam nikah is a contract with certain conditions and a way to officiate the contract (one way) is to give a dowry. The right of Allah is that you pay the minimum ($62) and whatever you add to it (Above $62) is the right of the woman (Her right to ask not that you must give it).

What if she does not want a sadaq?

Its haram to deny her a dowry even if she insist that she does not want it. It should be noted there is no upper limit when it comes to dowry, she can ask without a limit as to accommodate the rich Muslims whom have a high ceiling of wealth. With that being said the prophet said to keep the dowry low, that is the Sunnah and higher dowry are a fitna because men cannot afford expensive dowry and wedding. The higher the cost of the dowry will corespond with a higher amount of fitna among the society especially the youth! (Even if the woman doesn’t want a dowery you must still give it (Surah nisa verse 4)

Sadaq in the culture of the kuffaar

In the Hindu culture a hindu woman’s family must pray a dowry to the male suitor, the ideal is that the woman’s family are paying to have their daughter taken care of by a good man and to remove the burdern (daughter) off of their hands. Some ignorant Pakistani Muslims who do not know their (Hanafi) madhab or the Sunnah continue this unislamic practice unfortunately even into our modern times. Some will resist change as its the culture they have always adhered too and practiced.

5 actions must be completed in order for the marriage to be confirmed legitimate

• 1.Freedom (not enslaved partially or fully)
• 2.Physical Maturity(if a boy inherited a lot of money then its acceptable to be married with permission of the wali, if the wali rejects after the marriage has been consummated then the woman gets a quarter of a dinar back in compensation)
• 3.Mental capcity to management of ones own affair (rationality, being able to manage his own affairs not impaired. If a young person marries without the wali, the wali should confirm it to be valid, once again if the marriage was consummated then the bride gets a quarter of a dinar)
• 4.sound health (of both spouses) (Even if the marriage is consummated. This is referring to a chronically ill person who is near to death and expected to die soon is not a valid marriage. (sharnbi doesn’t mention if the woman receives a gold coin but perhaps there is no financial compensation as this effects both he man and the woman equally)
• 5. compatibility of spouses ↓
• 6. A pronounced statement of confirmation

Compatibility of spouses

Entire books have been written about this topic but I can only briefly mention the opinions, the right of the woman and her guardians is that the man and woman be compatible, one is that Islam any Muslim woman can marry any Muslim man but sheikh sharnubi mentions that their religion should match and their defects should match. They should have the same amount of defect, corrupt for the corrupt and the pios for the pious, if they have a strange phobia or strange behavior they should marry someone with the same illness to be compatiable. If they both are in a sufi tariqa with strict rules or eating habits in the taqiq bashri mentioned the ethnicity should be factored in as the difference races eat different foods have different temperaments and ways of thinking.  Wealth is also a factor rich men marrying poor women which is just as much something to consider and they should live in the same place. Factor all of it in.

Arabs marrying non arabs

Imam Malik and Imam Shafi’i said Arabs can marry other non arabs, but Imam Ahmed says Arabs should only marry other arabs. Imam ahmed hanbal said the Arab women should not marry the non Arab men. In Saudi rabbi its almost impossible or very difficult for non Arabs to marry Arab women in Saudi Arabia, difficult but less so for the Arab man to marry a non Arab woman. The Arabs consider your lineage to be of the fathers bloodline so those of mixed arab heritage would inherit the title of Arab from their fathers. If an Arab woman marries a non Arab she looses her Saudi benefits, Oman has a similar situation legally as a Ibadi nation whom doesn’t follow Sunni Islam.

The view of Ibn Taymiyyah a great Hanbali scholar

Ibn taymiyyah a hanabli agreed with imam Ahmed in theory but he said by his time it was not a crucial issue as Arabs and non Arabs intermarried despite imam ahmeds view, the arabs have married women from almost all over the world so despite this being a view of imam ahmed it was not followed and that is evidenced by the modern world but there are some hanbali enclaves that follow that fatwa

A pronounced statement of confirmation

There is no specific phrase like the shahadah but it should have the meaning that the Wali offers the woman to the Muslim and he accepts. He must with his verbal words confirm such as I have accepted it and I have contracted a Nikah. Qabiltu means I accept, many arabs expect that.

Prohibition of two Muslims proposing one Muslima at the same time

A Muslim man should not ask in hand to marriage of a woman who had been preposed too by another Muslims and does not bid a sadaq higher than the initial sadaq. There should not be a competition in trying to get a Muslim woman’s hands as this creates fitna and chaos. In the world of the kuffaar regularly people kill each other over women due to competing over women

Prohibited kinds of Marriage

A trade marriage, one guy marries a mans daughter in exchange that he marries his daughter without a sadaq, the act of marrying daughters is not haram but without the sadaq its haram.

Ibn Lubabas fatawa in Shaykh al-Wansharisi fatawah book

In a maliki fatawa book ibn lubabah, a man married off his sister for a relief of a debt in place of a dowery, 20 years passed without dowry, the Sheikh says the marriage is not complete. If people are happily married and so much time has passed its taken as the marriage is valid but incomplete so they must pay the dowry and it would be complete. You cannot do qiyas in regards to sadaq and give something similar to it it must be sadaq in accordance to the prophet.

prohibition of Mutah in maliki fiqh

Mutah is a temporary marriage contract which is made popular by the jafari branch fiqh school in the shia theology. Mutah is something that was practiced in pre Islamic arabia and practiced in the early days until the prophet made it forbidden to practice but the shia disagree with that and believe Mutah is halal and it was umar who made it haram not the prophet. Such a marriage (Mutah) is haram before the consummation and after the consummation, a woman who does it is entitled to keep the sadaq if she committed intercourse which is a similar pattern of other prohibited types of nikah. Abu hassan said a man who does a mutah marriage may not be punished with a hadud punishment for zina and any children that come from a mutah marriage are of the mans lineage and the woman must observe a full iddah period (To be sure she is not carrying a child).

insights on the different opinions regarding hudud for mutah

The scholars of Maliki fiqh acknowledge mutah is haram and not at all valid but there are different opinions regarding this issue. In the old world many people just like people in the modern world would seek loop holes and short cuts, one of the loopholes is taking the minority opinion that mutah is permissible by the statement of ibn abbas which was recanted, perhaps this is why who one who practiced mutah may not be punished in the eyes of some as its something that was found in the religion where as zina is forbidden and its impossible to find a fatwa that makes it halal.

A letter sent to Qadi Iyaad from a man who did mutah

I am paraphrasing the letter sent the Shiekh Qadi Iyaad, A man who sent a letter asking for a ruling regarding a mutah marriage he contracted. The man explained that he said he knows it haram but gave sympathetic reasoning as to why he did it. He mentioned his father pressured him to have nikah but he didn’t have money for full normal marriage he also couldn’t find a wife that fit his criteria. The man said he believed mutah is better than zina he quotes from a recanted statement of ibn abbas that claimed ibn abbas said its permissible to do mutah. He mentioned many scholars that allow mutah showing his Islamic knowledge.

Qadi Iyaads harsh response against a Muslim who did mutah

Qadi iyaad a maliki authority gives a harsh response paraphrased by me as having said to the man in response, Mutah is forbidden by the consensus there is not doubt even ibn abbas said that he changed his view, the excuses are weak and you are a weak man following the desires of a weak man and not only you did zina but you have knowledge of fiqh, the very fact you know much about fiqh condemns you worse than a layman because your knowledge your of fiqh allowed you to make a opening for a haram act, Qadi iyaad said he is a zani a fornicator and deserves the hudud punishment.

Iddah

You cannot marry a woman on her iddah period as the purpose is that she would know who the father of her child is, if you married during the iddah period the lineage would be destroyed. She also preforms a iddah after her husband dies. If a woman cohabits during her iddah its impermissible to get married afterwards. Sheikh sharnubi said the Mu’tamad is that the prohibition is not everlasting if its during a iddah of divorce, its haram but they can get married later but it would be considered as zina during.

Proposing to a woman while in the state of iddah

You cannot marry someone in iddah nor can you make a marriage request but you can say things other than a official marriage proposal. you can say you like her to charm her thus making clear you are interested in getting to know her more but you cannot propose until the iddah period is over.

Polygamy

There is a difference between polygamy and polygamy, Islam promotes polygymy multiples wives not multiples husbands. Both a freeman and a slave can marry up to 4 free Muslims women or women of the book. A Muslim slave cannot marry free Muslim women but only enslaved Muslim women or non Muslim slave women. Its haram to enslave a Muslim, if they were a slave and converted to Islam they would be a Muslim but still have slave status and its highly encouraged to free slaves and slavery was slowly being eradicated independent of the british colonialism and the modern tech made slavery less lucrative and relevant. If he fears fornication and does not find the means to marry free woman, historically poor men who could not afford marrying a free Muslim woman would marry a enslaved woman and would contract her for her services of homemaking. Often times they would fall in love with the slave and take them as their wife and after time free them.

Historical practice of freemen marrying slaves

150 years ago a orientalist named Christiaan Snouck Hurgronje snuck into mecca, he took many observations of the lives of the Muslims in mecca. Among his observations is free arab men would prefer often times to purchase slave girls from eastern african over marrying free women in mecca due to their high demands in comparison to the slave girls and I am sure this was a broader pattern of men of old prefering the cheaper less demanding low status woman over the higher status women who has high demands.

Imam Ahmed had a slave girl

imam ahmed bin hanbal only married at 40, he cites in regards how he learned so much in Islamic sciences. In imam ahmeds biography he had a concubine named husan he didn’t marry but had a concubine and married a slave at 40.This book muqafdimma izziyah is suggesting men should marry a slave woman, hes wrote that statement in the 15^th-16^th centry so what about those who lived further down in history showing how popular this practice was in Islamic history.

Justice and equality between wives

Men who are married to multiple wives, 2 women or more free women Muslim or kafir, its obligatory to be just and fair between them, if not then he is a oppressor who disboeys the prophet whom looses much of his status in the society

The penalty of a man who is unjust with his wives

As for the man who in unjust between his wives his imamship is not valid nor is his testimony in the Islamic court, who ever contest this is a kafir murtad who is expected to repent in 3 days for uttering kufr or be exectuted by the Islamic authroities and if not then he is kafir without doubt this is the view of sheikh Abu hassan ad shadhili

How to treat them (Wives) equally?

The equality is according to their statuses, He mentions splitting yoru time your days and nights equally between eachother, the splitting of nights should be 1 day 1 night then switch and if you wanna do different then you need their consent to do that. Sheikh says you should not go to your other wife on her off day. Sheikh sharnubi says assuming they live in the same city if they live apart then he has to manage his time equally between them

Shaykh al-Wansharisi Fatawa collection

Shiekh abayd allah if a man has 2 wives can he prefer one over the other, he must be fair with them in all things 1 day per woman and not let them come to his bed on their off day and not have interocuse with only one and not the other, if he has greater love for one wife than the other but he must ignore that and treat them equally despite his feelings, Your not obligated to love them equally only treat them equally because you cannot control your heart

2 benficial points

• 1. A man should not have intercouse with his wife or slave with there is anyone else in the room with him (young or old or children) awake or asleep, sheikh sahrnubi says doing so is not haram but makruh but it is closer to haram if the person is aware of the intercourse happening. (in very poor places people have houses with only 1 room or 2 rooms and still they cohabit so this fiqh ruling is very relevant to them less so for wealthier people)
• 2. Sleeping together with multiple women in the bed, there are different opinions on this some say its permissible to allow them all (wives) to rest in the bed together other says its markruh. As for having sex with one while the other is aware and in the room is haram for your wives.

Divorce (Talaq)

Talaq loosely translates in English to break, severe or to depart from something. In a failed marriage the man and the woman would severe their marriage ties towards each other and depart from each other, in example the phrase in arabic “release the camel”. Any spouse under a aqid convenant to break from it is a talaq. When a man divorces a woman he releases her from the contract. Terminologically is a state of breaking a marriage connection between 2, Allah mighty has given this to the husbands not wives, men can do talaq men cannot do talaq women do khula we will get into that later. Many Islamic governments has made khula almost equal to talaq and has lead to women divorce rates equal to talaq, historically it was used for men who disappeared more so than a no fault divorce, women initiate divorce for more than men, in the kafir world 80% of divorce is iniated by and among the Muslims of America 65% of Muslima iniate divorce.

Talaq is of 2 types

• 1. The Talaq of Sunnah
• 2. The Talaq of Bidah

Talaq of Sunnah

The talaq of sunnah is when you divorce by announcing the talaq at 3 separate occasions once he says it 3 times then he is legally divorced in the eyes of Allah despite the views of kuffar. A woman who divroces according to a kafir court is not vlaid in Islam they would still be married and likewise marriage in a court but not Islam is zina and not valid.

Talaq of bidah

Talaq of bidah is saying talaq 3 times in one setting aka triple talaq, meaning a woman is divorced on the spot and not needing 3 separate settings to equal 1 talaq. Some ulema allow this but sharnubi begs to differ and says you need 3 separate settings. Many modern Islamic governments dislike triple talaq because it creates instability and change without their authority or permission. Modern muslim governments dislike the shariah talaq in general with a special dislike for triple talaq.

Ibn taymiyyahs view on Talaq

Ibn taymiyyah is of this view (maliki view), he said if you pronounce talaq 3 times in one setting then it is 1 talaq because it happened in one setting. This is the Maliki view and in my view the more correct and more fair to the man and woman. Divorcing your wife has serious consequences in which she would have to marry another man before you can marry her again making it more difficult to remarry than a secular court. 

Khula (annulment of marriage)

Khula rouchly translates to “anulment of Marraige”, Khula is often confused with being the female version of Talaq because the outcome of khula is similar to divorce but it is not to be confused with Talaq which only men can itiitate despite the disapprove of fenemist but rather its a anullment of marriage. Khula disolves the marriage redering it void once officiated and if a Muslim woman does khula she must return her sadaq back to the man she married (perhaps a woman will regret having a high mahr). In some Muslim jurisdictions in our modern times Allow a woman to do khula without consulting her husband effectively making it like divorce but calling it something different.

Foundations of Talaq

1st The one who initiates

1^st the initiator , as we see by the usual pattern he should be a Muslim who is mentally sound not in a state of kufr outside the fold of Islam at the moment of initiating, In example if he was Muslim then he became a kafir he does not need talaq as his marriage is already void once he left Islam and any cohabitation then on is considered as Zina, he should not be drunk or under the influence least the Talaq not be binding (similar can be a fit of rage). A prepubesent boy cannot pronounce Talaq as he is not mentally mature for such a decision that is upon his Wali.

2. The divorce

She the one being divorced should be under the authority of her Husband meaning she must be in a legitimate Isalmic Nikah , married to a Muslim man who is in the fold of Islam at the time of the request of Talaq

3. Qasd, specific intention

The Muslim man requesting Talaq must have a serious intention to divorce her in the Maliki madhab. In the Maliki madhab a statement of Talaq without sincere intention is not binding until the moment in his heart there is intention to divorce his wife. If he is being coecered perhaps a disgruntled ex lover by force makes him utter Talaq but he did not mean it then the Talaq is not binding as the intent was not in the words.

4. Utterance of Talaq or an action that holds its meaning

You can have a direct or indirect utterance of divorce. You can say you are divorced, you’re a divorced woman as for action if you leave her for extended time with the intention of divorcing or writing a letter that pronouncing that.

Indirect utterance of Talaq is of 2 types and what is the difference between direct and indirect Talaq

A direct divorce includes the word Talaq in it, “I want Talaq”, the indirect is of 2 types, the 1st is the inferred (unclear) an example is “you are free, you are away from me” this Is like the direct claim that is carries the intention of talaq and and the implicit (2nd type) would be something like, “go away from me, were done” if he carries the intention of Talaq then it would be considered a Talaq with the same rulings as a direct Talaq.

Is a undelivered letter of talaq that did not reach its destination binding?

If a Muslim man wrote a letter requesting Talaq but he changed his mind and did not give his wife the letter then it would not be considered a Talaq if not delivered. Although there are different opinions in the Madhab the more correct view is that the Talaq was not manifested and not officially pronounced. To believe a undelivered letter of Talaq is valid is like believing a inner thought of wanting to divorce your wife that was imagined but unpronounced is valid. Sheikh sharnubi says this opinion is daif and not substantiated with evidence (modern equivilent is sending a text message requesting Talaq that was unsent and not viewed would not valid in the Maliki Madhab according to sheikh sharnubi.)

Remarrying after having divorced your wife

It is not permissible to marry a woman in order to make her Halal for another man who has divorced her, such a marriage is invalid before the cohabitation and after the cohabitation in such a case her mahr is returned unto her. There is no loophole once you have divorced you cannot pretend to marry again to circumvent the rules of Allah she is not halal this is called nikah al muhalil. She is not valid until she truly wants to be married and stay married and divorces once more. There is a prophetic tradition about Nikah al muhalil in which he said Allah has cursed it he who offiacted it and the once involed in it in ibn majah hadith collection.

Ar risala ibn abi zayd On taking back your wife after divorce

Ibn abi zayd says a man who divorces his wife can take her back without issue as long as she has not gone over 3 menstrual cycles (around 3 months), This is a variable as women do not have the same menstration period as others and around 2months for the slave girl. You can undo your divorce either through intention by a statment or intention without a statement. Even if the man just formed the intention in his mind this is valid between him and Allah with the woman being informed of this. If you cohabited with your wife without the intention of undo the Talaq then its not valid it would be zina and presumably hudood could theoretically apply.

Would you need witnesses in order to remarry your divorced wife?

Some jurist say that you need witnesses to renew a marriage other say its mustahab. Sheikh sharnubi says the view that you need witnesses is that its mustahab but the mashur opinion of the Maliki madhab is that you do not need witnesses. The Hanafis have many opposite views to the Malikis such as Nikah without a Wali, a utterance of Talaq without inention is binding, triple Talaq in this instance they believe you do not need witnesses to remarry for the action itself of returning to her itself is the manifistation of the intention.