DOWNLOAD
The book you're asking about is "تقرير الحكم الشرعي في تنفيذ الطلاق البدعي" (Taḥrīr al-Ḥukm al-Sharʿī fī Tanfīdh al-Ṭalāq al-Bidʿī - Determining/Clarifying the Legal Ruling on the Execution of Innovated Divorce).
Understanding the Title: "Determining the Legal Ruling on the Execution of Innovated Divorce"
This title immediately signifies a specialized jurisprudential (Fiqh) work that delves into a specific and often debated issue within Islamic family law (Ahkam al-Usrah), particularly concerning divorce.
تقرير (Taḥrīr): "Determining," "Clarifying," "Elucidating," or "Investigating." This implies a thorough and in-depth analysis to reach a clear and precise legal ruling.
الحكم الشرعي (al-Ḥukm al-Sharʿī): "The Legal Ruling." This confirms the book's nature as a Fiqh study.
في تنفيذ (fī Tanfīdh): "On the execution/enforcement of." This refers to whether the divorce takes effect legally.
الطلاق البدعي (al-Ṭalāq al-Bidʿī): "Innovated Divorce" or "Irregular Divorce." This is the core subject. It refers to a divorce that occurs in a manner contrary to the Prophet's Sunnah, usually by:
Divorcing a wife during her menstruation or postpartum bleeding.
Divorcing a wife in a period of purity (
Ṭuhr) after sexual intercourse has occurred in that period (as she is considered pregnant or potentially so).Issuing three divorces at once (e.g., saying "You are divorced, divorced, divorced" or "You are divorced thrice" in one utterance).
Therefore, "Taḥrīr al-Ḥukm al-Sharʿī fī Tanfīdh al-Ṭalāq al-Bidʿī" is a detailed jurisprudential study that meticulously examines the Islamic legal validity and enforceability of "innovated" or "irregular" forms of divorce.
About the Author (Common Attribution):
While several scholars may have written on this topic, a notable work with this title (or a very similar one) is often attributed to Dr. Abdullah ibn Hamad ibn Abdulmohsin al-Hamad (د. عبد الله بن حمد بن عبد المحسن الحمد). He is a contemporary Saudi scholar specializing in Fiqh and Usul al-Fiqh, and his works are known for their academic rigor and detailed analysis of legal issues based on evidence.
Expected Content of the Book:
Given the title and the nature of the topic, the book would likely cover the following in detail:
Introduction to Divorce in Islam:
The general concept of divorce (
Ṭalāq) in Islam.The wisdom behind its legislation and its general permissibility (though disliked).
The concept of
Ṭalāq al-Sunnah(Sunnah-compliant divorce) as the correct way.
Definition and Types of
Ṭalāq al-Bidʿī(Innovated Divorce):Detailed explanation of each type:
Divorcing during menstruation/postpartum bleeding.
Divorcing during
Ṭuhr(purity) in which intercourse occurred.Issuing triple divorce in one utterance or session.
The reasons why these forms are considered "innovated" and against the Sunnah.
The Core Issue: Validity and Enforceability of
Ṭalāq al-Bidʿī:Presentation of Different Scholarly Views (Madhahib): The book would meticulously present the major historical and contemporary opinions on whether
Ṭalāq al-Bidʿītakes effect. The primary views are:Majority View (Jumhur al-Fuqaha - including the four main schools and most early scholars): Generally hold that
Ṭalāq al-Bidʿīdoes take effect, even though the person who issues it is sinful.Minority View (e.g., Ibn Taymiyyah, Ibn al-Qayyim, some contemporary scholars): Hold that
Ṭalāq al-Bidʿīdoes not take effect or only takes effect as a single revocable divorce, arguing that an act done contrary to the Sunnah should not yield its intended (and sinful) outcome.
Detailed Analysis of Evidences for Each View:
Quranic Verses: Analysis of verses pertaining to divorce and their interpretation.
Prophetic Hadith: Examination of Hadith explicitly or implicitly related to
Ṭalāq al-Bidʿī, particularly the incident of `Abdullah ibn Umar divorcing his wife during menstruation.Sayings and Practices of the Companions and Early Generations (Athar): How the Salaf dealt with such divorces.
Linguistic Analysis: Arguments based on the Arabic language.
Rational Arguments (
Qiyas,Maqasid al-Sharia): Arguments based on analogical reasoning, the objectives of Islamic law (e.g., preventing harm, preserving families), and the concept of an act being sinful but still valid.
Weighing the Evidences and Author's Preferred View:
The author would critically evaluate the strength of the arguments and evidences for each opinion.
He would then present his reasoned conclusion, explaining which view he finds strongest and why, based on his meticulous methodology.
Practical Implications and Scenarios:
What happens if a
Ṭalāq al-Bidʿīis issued (e.g., if it takes effect, how many divorces count, what are the wife's rights,iddahperiod).The role of a judge or mufti in dealing with such cases.
Advice for spouses to avoid
Ṭalāq al-Bidʿī.
Significance of the Book:
Addresses a Critical Fiqh Issue: This topic is highly relevant for individuals, families, and Islamic courts/councils.
Scholarly Depth: Provides an in-depth, evidence-based analysis of a complex jurisprudential matter.
Clarification of Legal Stance: Aims to provide a clear understanding of the Islamic ruling on innovated divorces.
Promotes Best Practices: Indirectly encourages adherence to
Ṭalāq al-Sunnah(Sunnah-compliant divorce) to avoid such complexities.Contribution to Family Law: Adds a valuable resource to the literature on Islamic family law.
.jpg)
