Divorce
Divorce
Divorce: Should all efforts at reconciliation prove unavailing, dissolution of the marriage may alone furnish a way of relief.
It should, however, be noted that Islam does not look upon divorce with favour.
The Holy Prophet has said: Of that which is permitted, the most obnoxious, in the estimation of Allah, is divorce.
Divorce may be initiated by the husband or by the wife; in the
latter case the matter must proceed judicially, so that the rights of the wife may be fully safeguarded.
If differences arise and, failing reconciliation, the husband vows abstinence from his wife, the situation must be resolved within four months:
“For those who vow abstinence from their wives, the maximum period for making up their minds is four months; then if they revert towards conciliation, surely Allah is Most Forgiving, Ever Merciful; and if they decide upon divorce, Allah is All-Hearing, All-Knowing.” (2:227-228).
There is a whole set of regulations concerning divorce.
These are designed to ensure, inter alia, that divorce should not be resorted to light-heartedly, or in a fit of passion or resentment. It should be a deliberate act resolved upon after a careful consideration of the consequences both for the parties and the children, if there are any, of the marriage.
With this end in view the procedure is somewhat drawn out, so that the parties may have opportunities for cool reflection and for reconciliation, before the divorce becomes irrevocable:
“Revocable divorce can only be pronounced twice; where after there should be reconciliation in approved form, or final separation with beneficence.
it is not lawful for you to take away anything of that which you have given your wives; unless it should be a case in which the wife insists upon separation without any default on the part of the husband and they are afraid that they would not be able to observe the limits prescribed by Allah, if they were to continue their association.
In such case there will be no sin on either of them in respect of that which the wife may surrender
by way of compromise.
These are the limits prescribed by Allah, so transgress them not; whoso transgresses the limits prescribed by Allah, it is they that are the wrong-doers.” (2:230).
A further check on hasty divorce is:
“Should the husband divorce the wife a third time, the divorce
would become irrevocable, and she would not be lawful for him thereafter, except in case she should marry another husband and he too should happen to divorce her, or should die.
In such contingency, it would be no sin for them to return to each other, provided they are sure that they would now be able to observe the limits prescribed by Allah.
These are the limits prescribed by Allah which He makes clear to the people who possess knowledge.” (2:231).
“In the case of a revocable divorce, when the end of the appointed
period of waiting approaches, there should be reconciliation in approved form, or final separation in approved form; but do not
hold back such women to impose hardship upon them.
Who so does that, surely wrongs his own self.
Do not bring the
commandments of Allah into contempt, and keep in mind the favour that Allah has bestowed upon you and that which He has
sent down to you of the Book and Wisdom, whereby He exhorts
you.
Be mindful of your duty to Allah and be sure that Allah
knows all things well.” (2:232).
“When you divorce your wives and they reach the end of their waiting period, and the divorce becomes irrevocable, do not hinder them from marrying their chosen husbands, if they agree between themselves in an approved manner.
This is an admonition for every one of you who believes in Allah and the Last Day.
It is most blessed for you and purest.
Allah knows and you know not. “(2:233).
“Divorced women shall wait, concerning themselves, for the space
of three courses.
It is not lawful for them to conceal what Allah
may have created in their wombs, if they believe in Allah and the
Last Day.
If their husbands should desire reconciliation during
this period, they would have the stronger right to the continuation
of the marriage than that it should be irrevocably dissolved.” (2:229).
Should the husband and wife consort together after the pronouncement of a revocable divorce, the pronouncement would be voided altogether.
“Women who survive their husbands shall wait concerning themselves for four months and ten days, and when they arrive at the end of that period there shall be no blame on you for anything that they do with regard to themselves according to what is fair. Allah is aware of what you do. “(2:235).
“There shall be no blame on you in hinting at a proposal of marriage to divorced or widowed women, or in contemplating the possibility in your minds.
Allah knows that you will think of them in that connection; but do not enter into any secret engagement with them, beyond conveying some indication to them of your inclination.
Do not, however, resolve on the marriage tie until after the expiry of the period of waiting.
Be sure Allah knows what is in your minds, so be mindful of Him.
Know also that Allah is Most Forgiving, Forbearing. “(2:235)
“Those of you who die leaving behind surviving widows, the legacy for their widows would be provision for a year without being turned out of the marital home.
Should they depart there from on their own, after the expiry of the period of waiting, there shall be no blame upon you with regard to any proper thing which they do concerning themselves.
Allah is Mighty, Wise. “ (2:241).
“For divorced women also there shall be provision according to what is fair.
This is an obligation binding on the righteous.” (2:242).
“It will be no sin for you, if need arises, to divorce women whom you have not touched and for whom no definite dower has been fixed.
In such case, make provision for them—an affluent one according to his means, and a poor one according to his mean —a provision in a becoming manner.
This is an obligation binding
upon the virtuous.” (2:237).
“If you divorce them before you have touched them, but you have fixed a dower for them, then make over to them half of that which you have fixed, unless they should remit it or the guardian for the marriage should remit it, or unless the husband should voluntarily decide to pay a sum in excess of the half.
That she should remit or you should pay a larger sum, as the case may be, would be closer to righteousness.
Do not neglect any chance of behaving benevolently towards each other.
Surely, Allah sees what you do.” (2:238).
“In cases of divorce, mothers shall give suck to their infants for two whole years, where it is desired to complete the suckling, and the father of the child shall be responsible for the maintenance of the mother during that period according to usage.
No one shall be burdened beyond his capacity.
No mother shall be made to suffer on account of her child, and no father shall be made to suffer on account of his child; and the same is the obligation of the heir.
If the parents should agree by mutual consultation and consent upon weaning the child, there shall be no blame on them.
Should you desire to engage a wet- nurse for your children, there shall be no blame on you, provided you hand over what you have agreed to pay, in a fair manner.
Be ever mindful of your duty to Allah, and
be sure that Allah sees what you do.” (2:234).
All this is summarized as follows:
“O Prophet, when you divorce your wives, observe the period prescribed for making the divorce effective, and reckon the period, and be mindful of your duty to Allah, your Lord.
Turn them not out of their homes, nor should they depart there from, during that period, unless they are guilty of manifest indecency.
These are the
limits set by Allah.
Whoso transgresses the limits set by Allah wrongs himself.
The waiting period is prescribed as you do not know that Allah may, during that period, bring about something new.” (65:2).
“When they arrive-at the end of the prescribed period then retain them in a suitable manner, or send them away in a suitable manner, and appoint two just persons from among you as witnesses; and bear true witness for the sake of Allah.
This is an admonition for him who believes in Allah and the Last Day.”
(65:3).
“The prescribed period for those of your wives who have lost all expectation of monthly courses, in case of doubt, is three months, and also in case of those who have not had their monthly courses. In case of those who are with child, the prescribed period is until they are delivered.” (65:5).
“Lodge them during the prescribed period in the houses wherein
you dwell, according to your means; and harass them not that you
may create hardships for them.
If they should be with child,
provide for them until they are delivered.
Should they give suck to
the child for you, pay them their due recompense, and settle the matter between yourselves equitably; but if you run into difficulty between yourselves, then let another woman suckle the child for the father.
Let one who is in easy circumstances spend according to his means, and let him whose means of subsistence are straitened spend out of that which Allah has given him.
Allah does not require of any one beyond that which He has bestowed on him.
For those suffering from hardship, Allah will soon bring about ease.” (65:7-8).
Ref: By: Muhammad Zafrulla Khan (Woman in Islam)