Home » Hanafi Fiqh » Askimam.org » 1)I am staying in Saudi Arabia. Last year I purchased a car and took only a third party insurance for my vehicle because I know …2) Somebody said to his wife “I divorce you” in three time to his wife with some angry and no intension to actual divorce .in this …

1)I am staying in Saudi Arabia. Last year I purchased a car and took only a third party insurance for my vehicle because I know …2) Somebody said to his wife “I divorce you” in three time to his wife with some angry and no intension to actual divorce .in this …

Answered as per Hanafi Fiqh by Askimam.org

1)I am staying in Saudi Arabia.    Last year I purchased a car and took  only a third party insurance for my vehicle because I know that full cover insurance is haram for muslim. Now I heard that “a family included 2 children’s were travelled in car with car owner and accident had happened. All of travelers except driver and children’s were died. The case was taken over by police and submitted in to the court. Court ordered to the owner that “he have to pay the some amount of money to that children’s who were travelled with him when the accident has happened. The question is  In this case, the owner should have to pay personally this amount if he hasn’t full cover insurance. So why full cover is still haram

2) Somebody said to his wife  “I divorce you” in three time to his wife with some angry and no intension to actual divorce .in this case why the  Islam say to go for IDDAH .and new marriage with stranger? .also  can you explain what is logic for going to another marriage to stranger before marry the old husband if it is intestinally or not

Answer

In the name of Allāh, Most Gracious, Most Merciful


Assalāmu ῾alaykum wa Rahmatullāhi Wabarakātuh

All types of car insurance are harām whether it is third party insurance or comprehensive insurance  as it involves interest and gambling. If, however, one is obliged by the law of the country to do so, then he will be excused.

(Aap Ke Masāil, Vol.6, Pg.248, Maktaba Ludhyānwi)

Regarding your payment query, you should consult a legal advisor as Dārul Ifta only answers fiqhi questions.

Talāq normally takes place in the state of anger. Talāq is not  given in love. The three talāqs issued in a state of anger will be effective even though one didn’t intend it. This ruling is applicable when one explicitly utters the word of divorce.  Now, the wife has to sit in iddat

(Raddul Muhtār, Vol. 3, Pg. 244, Sa῾īd) .[1]

We are not bound to give you a reasoning for the laws stipulated by Allah jalla jalāluhu. Allah jalla jalāluhu has stipulated laws in the Qurān and Hadīth and we are bound to follow them. This is truly an expression of Abdiyyat (servitute).

When a criminal commits any crime, he does not raise an objection against the Judge that why are you sending me to jail or giving me punishment? Had he not committed a crime, he wouldn’t have been in jail. In the same way, Islam teaches us humbleness and advises us to abstain from doing any action in the state of anger that can cause harm to ourselves. That is why, anger itself is harām. Those who live their lives according to Shari῾a, never regret because they know there are some boundaries of Shar῾ia set by Allāh jalla jalāluhu . One should spend his life in conformity with the Shari῾a in all aspects.

The rationale behind practicing halālah for a woman is:

1.To actually avoid abuse of wives by giving the husband a limited number of divorces. 

2. The noble husband should understand the implications of three divorces and exercise restraint.

3. If he does not contain himself, he cannot be given an unlimited right of divorce.

4.  His feelings of his divorced wife marrying another man cannot be considered. Why         shouldn’t he consider his wife’s feelings when she was with him. If he is not good to his wife, Allāh will create somebody better for her. She could lead a life of respect and honor. 

Please refer to the following link for more insight.
http://www.askimam.org/fatwa/fatwa.php?askid=7f113e24548d2c3448a114a57d3b5ebb

And Allāh Ta῾āla Knows Best
Wassalāmu ῾alaykum 

Ml. Abdur Rahman Shareef,
Student Dārul Iftā

Checked and Approved by:

Mufti Ebrahim Desai
Dārul Iftā, Madrasah In῾āmiyyah



[1]  ويقع الطلاق من غضب خلافا لابن القيم ا هـ وهذا الموافق عندنا لما مر في المدهوش(رد المحتار،كتاب الطلاق،مطلب في طلاق المدهوش)

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This answer was collected from Askimam.org, which is operated under the supervision of Mufti Ebrahim Desai from South Africa.

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