elucidation (الإبَانَةُ)

elucidation (الإبَانَةُ)


الفقه أصول الفقه

التعريف :


Explaining underlying meanings, using what makes things clear and unambiguous. The term is used in both contexts of reasoning and religious texts.

المعنى الاصطلاحي :


Removing the bond of marriage between a man and a woman and cancelling the marriage contract between them.

الشرح المختصر :


"Ibānah" (irrevocable divorce) means dissolving the marriage bond by a "talāq bā’in" (irrevocable divorce). The "talāq bā’in" is divided into two categories: 1. Minor "talāq bā’in": which occurs by divorcing once or twice. It becomes effective after the elapse of the woman's "‘iddah" (post-divorce waiting period) after the first or second divorce. The woman, in this case, is no longer married, and her ex-husband has no right to take her back except with a new marriage contract. 2. Major "talāq bā’in": which occurs by divorcing one's wife three times.

التعريف اللغوي المختصر :


"Ibānah": Derived from "abāna", which means cutting, separating; in the context of divorce, it means "divorced his wife irrevocably".