al-Talaq Tahsibunahu Hayyinan wa Huwa Ind Allah Azim
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- Editions
- Dar Al-Qalam Li Al-Turath
al-Talaq Tahsibunahu Hayyinan wa Huwa Ind Allah Azim (Divorce: You Think It a Light Matter While with Allah It Is Immense) is a contemporary jurisprudence treatise on divorce and marital dissolution by the Egyptian scholar Mahmud Muhammad Gharib.
Background and Purpose
The treatise was written to address the social and familial repercussions of divorce in modern Muslim societies, where Gharib observed that many treat the dissolution of marriage lightly despite its gravity in Islamic law. The title reflects the phrasing of the Quranic verse: وَتَحْسَبُونَهُ هَيِّنًا وَهُوَ عِنْدَ اللَّهِ عَظِيمٌ ("and you thought it a light thing while with Allah it was immense"). Gharib prepared the work following an earlier series of educational texts titled Ya Waladi ("O My Son"), which he had written for university students in Baghdad and Egypt. At the suggestion of Dr. Kamal Mustafa, a professor at the Faculty of Da'wah at al-Azhar, Gharib expanded the pedagogical approach of those dialogues into a structured study that combines scientific exposition with accessible presentation.
Structure and Contents
The work examines the regulations surrounding divorce, distinguishing between divinely ordained procedures and abusive or rash practices. Its main topics include:
- Preventative Steps Before Divorce: Outlining the Quranic sequence of reform prior to separation, including verbal admonition (waʿẓ), temporary avoidance in the marital bed (hajr fī al-maḍājiʿ), and appointing two family arbitrators (ḥakamayn).
- Forms of Separation: Examining revocable divorce (al-ṭalāq al-rajʿī), minor irrevocable divorce (al-bāʾin baynūnah ṣughrā), major irrevocable divorce (al-bāʾin baynūnah kubrā), divorce by financial compensation (al-khulʿ), and judicial dissolution (al-tafrīq qaḍāʾan).
- Rules of Revocable Divorce: Discussing the status of the waiting period (ʿiddah) as a continuation of the marriage bond and the prohibition of expelling the wife from the marital home during this time.
- Legal and Financial Effects: Detailing the post-divorce legal consequences regarding the dowry (mahr), the waiting period (ʿiddah), compensatory gift (mutʿah), and financial support (nafaqah).
Method and Sources
Gharib characterizes the treatise not as a strictly school-bound (madhhabī) work or an exhaustive comparative manual, but as an accessible juristic exposition aimed at contemporary needs. He adopts the approach of selecting the opinion supported by what he assesses to be the strongest evidence rather than adhering rigidly to a single school. He maintains that divorce—like marriage—is a deliberate legal resolve (ʿazīmah) requiring genuine intent, arguing against ruling that a divorce has taken place merely due to an unconsidered word uttered in moments of anger.
The author records benefiting extensively from Abd al-Karim Zaydan's twelve-volume encyclopedia, al-Mufaṣṣal fī Aḥkām al-Marʾah. He also notes discussions and companionship with Dr. Ahmad Mahmud Karima, professor of Islamic Sharia at al-Azhar and lecturer at Sultan Qaboos University, while residing in Salalah, Oman.
Publication
The book was published in Cairo by Dar al-Qalam li-l-Turath, with a second edition issued in 1423 AH (2004 CE).
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