Advice of Scholars - RELIGION WILL NOT CHANGE IN THE PROCESS OF TIME
Some people say that a religion will change in the process of time, that laws of the Sharî’at have become obsolescent, old, that a religion is needed to meet the needs of our age. Yes, the religion changes in the course of time. But its owner, Allâhu ta’âlâ, changes it. As a matter of fact, He has changed it many times since Hadrat Adam and finally sent Hadrat Muhammad’s Sharî’at as the most perfect, the highest religion which will meet all requirements and needs until the end of the world. Could the poor human beings make a religion which is better than the one which Allâhu ta’âlâ says to be perfect? Yes, a nation’s laws will change in the process of time, but only the National Assembly can change them, not any guard or shepherd. It is written in the thirty-ninth chapter of Majalla and in its explanation, “The rules will change in the process of time. Rules that are dependent upon customs and traditions will change. Rules that are derived from the Nass (âyats with clear meanings) do not change in the process of time.”
TALÂQ (divorce) in ISLAM (I)
Lexical meaning of talak is to ‘undo something tied’. It is used in the sense of divorcing one’s wife. Hence, it means to undo the tie of nikâh. Talâq takes place when a man says to his wife the words dictated to induce dissolution of a marriage. As soon as a man says one of these words, the divorce termed talâq-i-bâin takes place. The talâq that takes place after the period of ’iddat is termed talâq-i-rij’î. For a talâq to take place there should exist a nikâh that is sahîh (valid). Talâq between a couple who have not been married to each other via an Islamic (marriage contract termed) nikâh is out of the question. It is not sahîh for a person who has been married by way of a nikâh that is fâsid to give a talâq, (i.e. to divorce his wife.) During the period of ’iddat of a woman who has been given a talâq fewer than three times (by her husband), whether the talâq has been rij’î or bâin, or during the time of ’iddat in the aftermath of an event of dissolution (of marriage) that has taken place upon an act of apostasy perpetrated by one of the married couple, a talâq may be given again. Yet in an eternal talâq, e.g. one that has taken place upon the woman’s kissing her stepson lustfully, the talâq cannot be repeated.