WOMEN IN ISLAM: Divorce (Part 7)

WOMEN IN ISLAM: Divorce (Part 7, April 23, 2009)

 

Note: The political applications and practises by the various Moslem sects do not necessarily correspond to the intention of the original Prophet Muhammad’s message.

 

   

        The Prophet said: “Divorce is the most hateful of all lawful things in the sight of Allah”. Divorce is allowed as a last resort.  If divorce were forbidden, then animosity and adultery may become rampant. To save individuals and society from the greater evils, divorce has been permitted. However, it is not a step to be taken lightly or hastily. Sincere attempts at reconciliation are to be made first and - as in the case of marriage - the rights and wellfare of women are to be upheld.

 

        Imam al Ghazzali (b.1058 CE) who is honoured with the title of Hujjat al Islam ‘The Proof of Islam’ states, the greatest care should be taken to avoid divorce, for, though divorce is permitted, yet Allah disapproves of it. If divorce becomes essential then the woman should be divorced kindly, not through anger or contempt, and not without a valid reason. After divorce a man should give his former wife a present and not announce to others any of her shortcomings.

 

        The Koran advises a couple who are facing difficulties in their marriage to appoint arbiters.  In sourat al Nissaa it is read:” If you fear a breach between them twain, appoint (two) arbiters, one from his family and the other from hers; if they wish for peace, Allah will cause their reconciliation…But if they disagree (and must part), Allah will provide abundance for all from His All-Reaching bounty.”

 

        In order to dissolve a marriage, it is essential to pronounce a declaration of “talaq”. There are three types of talaq (divorce) that are practiced among Muslims.

First, talaq ahssan - (the preferable type of divorce): After issuing one pronouncement of divorce, the couple wait for the ‘iddah (waiting period, which consists of three menstrual cycles of the wife, usually three months). During this time, all possible attempts at reconciliation should be made. The husband may take his wife back at any time during the ‘iddah period. During the period of iddah the man must oblige to either keep the woman in the same home or at least furnish her with a comfortable apartment, which is easily accessible to him. Further, the man must provide for her as if no divorce has taken place. At the end of the iddah or waiting period if reconciliation has failed then the marriage is broken. In sourat al-Talaq it is read: “And fear Allah, your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah: and any who transgresses the limits of Allah, does verily wrong his (own) soul: you know not if perchance Allah will bring about thereafter some new situation.”

            Second, talaq hassan - is a divorce where a man pronounces talaq to his wife in three consecutive state of purity. Third, talaq bid’i where the husband issues three pronouncements of divorce at one time. According to the majority of jurists, this talaq is valid but it is against the spirit of the Shari’ah and so the man is an offender in the eyes of the law.  The last Talaq bid’i is considered a serious act against the Islamic teachings. The second Caliphate Umar, a close companion of the Prophet, used to whip the husband who pronounced divorce thrice at once and in the same sitting.

 

       The sourat al-Baqarah (virginity) it is read: ” When you divorce women, and they fulfil the term of their (’Iddah), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage; if any one does that, he wrongs his own soul. Do not treat Allah’s Signs as a jest, but solemnly rehearse Allah’s favours on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear Allah, and know that Allah is well-acquainted with all things.”

 

             Islam treads the middle ground in the divorce concept, and safeguards the rights of women. It neither prohibits divorce, thereby imprisoning women, nor does it regard divorce as an insignificant decision. The right to divorce is not restricted to the husband. The woman may also seek a dissolution of the marriage by means of a process known as faskh, whereby she applies to the Qadi (Judge) for an annulment of the marriage. The wife may seek faskh in several cases, including: apostasy (renunciation of Islam) by the husband; lack of equality of status (kafi’ah); lack of compatibility; spoiling of marriage (fasad); incurable impotence on the part of the husband and if the husband ill treats the woman (nushuz). The above cases present valid grounds for a woman to seek divorce from her husband. If the couple come to a mutual agreement for separation and get divorced then this is called khul.  In sourat al Nissaa it is read: “If the wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best…”

 

               Islam has decreed justice for both sexes in the case of divorce. Although the act of divorce is disliked, it is permitted for the sake of weak human souls who cannot always find comfort and solace in the marriage relationship. This is mainly due to lower tolerance levels, high expectations in others and needless desires.