{"id":5805,"date":"2021-10-27T11:14:11","date_gmt":"2021-10-27T10:14:11","guid":{"rendered":""},"modified":"2021-10-27T11:18:53","modified_gmt":"2021-10-27T10:18:53","slug":"divorce","status":"publish","type":"post","link":"https:\/\/shiastudies.com\/en\/5805\/divorce\/","title":{"rendered":"Divorce"},"content":{"rendered":"

Divorce<\/strong><\/h1>\n

Divorce: <\/strong>Should all efforts at reconciliation prove unavailing, dissolution of the marriage may alone furnish a way of relief.<\/p>\n

It should, however, be noted that Islam does not look upon divorce with favour.
\nThe Holy Prophet has said: Of that which is permitted, the most obnoxious, in the estimation of Allah, is divorce.<\/p>\n

Divorce may be initiated by the husband or by the wife; in the
\nlatter case the matter must proceed judicially, so that the rights of the wife may be fully safeguarded.
\nIf differences arise and, failing reconciliation, the husband vows abstinence from his wife, the situation must be resolved within four months:<\/p>\n

\u201cFor 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.\u201d (2:227-228).<\/p>\n

There is a whole set of regulations concerning divorce.
\nThese 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.
\nWith 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:<\/p>\n

\u201cRevocable divorce can only be pronounced twice; where after there should be reconciliation in approved form, or final separation with beneficence.
\nit 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.
\nIn such case there will be no sin on either of them in respect of that which the wife may surrender
\nby way of compromise.
\nThese 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.\u201d (2:230).<\/p>\n

A further check on hasty divorce is:<\/p>\n

\u201cShould the husband divorce the wife a third time, the divorce
\nwould 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.
\nIn 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.
\nThese are the limits prescribed by Allah which He makes clear to the people who possess knowledge.\u201d (2:231).<\/p>\n

\u201cIn the case of a revocable divorce, when the end of the appointed
\nperiod of waiting approaches, there should be reconciliation in approved form, or final separation in approved form; but do not
\nhold back such women to impose hardship upon them.
\nWho so does that, surely wrongs his own self.
\nDo not bring the
\ncommandments of Allah into contempt, and keep in mind the favour that Allah has bestowed upon you and that which He has
\nsent down to you of the Book and Wisdom, whereby He exhorts
\nyou.
\nBe mindful of your duty to Allah and be sure that Allah
\nknows all things well.\u201d (2:232).<\/p>\n

\u201cWhen 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.
\nThis is an admonition for every one of you who believes in Allah and the Last Day.
\nIt is most blessed for you and purest.
\nAllah knows and you know not. \u201c(2:233).<\/p>\n

\u201cDivorced women shall wait, concerning themselves, for the space
\nof three courses.
\nIt is not lawful for them to conceal what Allah
\nmay have created in their wombs, if they believe in Allah and the
\nLast Day.
\nIf their husbands should desire reconciliation during
\nthis period, they would have the stronger right to the continuation
\nof the marriage than that it should be irrevocably dissolved.\u201d (2:229).<\/p>\n

Should the husband and wife consort together after the pronouncement of a revocable divorce, the pronouncement would be voided altogether.
\n\u201cWomen 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. \u201c(2:235).<\/p>\n

\u201cThere 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.
\nAllah 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.
\nDo not, however, resolve on the marriage tie until after the expiry of the period of waiting.
\nBe sure Allah knows what is in your minds, so be mindful of Him.
\nKnow also that Allah is Most Forgiving, Forbearing. \u201c(2:235)<\/p>\n

\u201cThose 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.
\nShould 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.
\nAllah is Mighty, Wise. \u201c (2:241).<\/p>\n

\u201cFor divorced women also there shall be provision according to what is fair.
\nThis is an obligation binding on the righteous.\u201d (2:242).<\/p>\n

\u201cIt 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.
\nIn such case, make provision for them\u2014an affluent one according to his means, and a poor one according to his mean \u2014a provision in a becoming manner.
\nThis is an obligation binding
\nupon the virtuous.\u201d (2:237).<\/p>\n

\u201cIf 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.
\nThat she should remit or you should pay a larger sum, as the case may be, would be closer to righteousness.<\/p>\n

Do not neglect any chance of behaving benevolently towards each other.
\nSurely, Allah sees what you do.\u201d (2:238).<\/p>\n

\u201cIn 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.
\nNo one shall be burdened beyond his capacity.
\nNo 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.
\nIf the parents should agree by mutual consultation and consent upon weaning the child, there shall be no blame on them.
\nShould 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.
\nBe ever mindful of your duty to Allah, and
\nbe sure that Allah sees what you do.\u201d (2:234).<\/p>\n

All this is summarized as follows:<\/p>\n

\u201cO 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.
\nTurn them not out of their homes, nor should they depart there from, during that period, unless they are guilty of manifest indecency.
\nThese are the
\nlimits set by Allah.
\nWhoso transgresses the limits set by Allah wrongs himself.
\nThe waiting period is prescribed as you do not know that Allah may, during that period, bring about something new.\u201d (65:2).<\/p>\n

\u201cWhen 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.
\nThis is an admonition for him who believes in Allah and the Last Day.\u201d
\n(65:3).<\/p>\n

\u201cThe 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.\u201d (65:5).<\/p>\n

\u201cLodge them during the prescribed period in the houses wherein
\nyou dwell, according to your means; and harass them not that you
\nmay create hardships for them.
\nIf they should be with child,
\nprovide for them until they are delivered.
\nShould they give suck to
\nthe 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.
\nLet 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.
\nAllah does not require of any one beyond that which He has bestowed on him.
\nFor those suffering from hardship, Allah will soon bring about ease.\u201d (65:7-8).<\/p>\n

Ref: By: Muhammad Zafrulla Khan (Woman in Islam)<\/p>\n

The Benediction of Sha\u2019ban<\/a><\/p><\/blockquote>\n