Marriage, as prescribed by Allah, is the marriage of a man and a woman based on approval. Ideally, marriage’s objective is to cultivate a state of tranquillity, love, and compassion but this isn’t necessarily the situation. Islam discourages divorce, however, unlike any religions, does create provisions for divorce.
Question: Is Divorce In Islam Allowed?
Allah provides overall guidelines for the procedure for divorce in Islam with emphasis on the two parties respecting the values of justice and kindness in formalizing the limit for their marriage (see [Quran 2: 224-237] for general guidelines regarding divorce).
Allah encourages the husband and wife to appoint arbitrators as the very first step to assist in the practice of divorce in reconciliation. If the reconciliation step fails, both the man and woman are guaranteed the right to divorce in the Quran, but the difference can be found in the procedure for each one. When the guy initiates a divorce, it’s known as Talaaq.
The pronouncement by the husband might be verbal or written, but once made, there is to be a waiting period of 3 months (‘Iddah) during which there can be no sexual relations, though the two are living under precisely the same roof.
The waiting period will help to prevent terminations due to anger and allows time for the two parties to reconsider as well as to see whether the wife is pregnant. If the wife is pregnant, the waiting period is lengthened until the baby is delivered by her. At any point in this time, the husband and wife are free to resume their relationship. During this period, the husband remains responsible for the support of his wife.
The divorce initiated by the wife is referred to as Khul’ (in case the husband isn’t at fault) and requires that the wife returns her dowry to terminate the marriage because she’s the ‘contract-breaker’. In the instance of Talaaq, where the husband is the ‘contract-breaker’, he must pay the dowry in full in circumstances where all or part of it was deferred, or permit the wife to keep all of it if she has already been given it in full.
In the case that the husband is to blame and the woman is interested in divorce, she can petition a judge for a divorce. She would have to provide proof that her husband had not fulfilled his responsibilities. If the wife had specified conditions which are Islamically accepted within her marriage contract, which was not met by the husband, she could get a divorce.
The controversy about the inequity in divorce lies that in getting a divorce, guys appear to have power. The interpretation of scholars in the past is that when the divorce is initiated by the guy, for appointing an arbiter from both 28, then the reconciliation step is omitted. This understanding diverges from the injunction. Any difference in powers between the husband and his wife concerning divorce can be extracted from the next verse (which means): “…And due to them [i.e., the wives] is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.” [Quran: 2:228]
In the next verse, according to existing interpretations, Allah gives the reason for the little difference in the verse (which means): “Men are in charge of women by [right of] what [qualities] Allah has given one over the other and what they spend [in support] from their wealth. So righteous women are devoutly obedient, guarding in [the husband’s] absence what Allah would have them, guard. [Quran: 4:34]
It is apparent that there’s a ‘degree’ concerning the rights of men and women in divorce, and that the right that men were given is due to their being the leaders and financial supporters of the household. This doesn’t indicate that women are inferior to men or they are human beings.
A number of the laws regarding divorce in some countries are based on references on the subject. As with all laws that are human, they need to adapt to circumstances.
Issues have become controversial. By way of instance, Allah in the Quran advises the husband and wife to consult each other reasonably regarding their children’s future after divorce, since this verse states (which means): undefined [Quran: 2:233]
Some jurists stipulate that custody of the child is awarded to the mother if the child is under a certain age and to the father if the child is older. There is absolutely no evidence of age. Similarly in terms of the dilemma of alimony, in the Quran the ex-husband’s financial obligation to his ex-wife is mandated, but a particular formula for the sum of support is missing; Allah Says (what means): undefined [Quran 2:241] This is open for negotiation between parties and should be in agreement with the husband’s financial ability.
There’s been much distortion and propagation of misunderstanding about the rights of a woman related to marriage and divorce. Only with self-education and awareness of the text are men and women able to learn the truth that Allah has prescribed and understood the interpretations that the spirit of justice is realized. Allah Says (what means): “And when you divorce women and they fulfill their term [of their ‘Iddah], either keep them according to reasonable terms or release them according to reasonable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allah in jest. And remember the favor of Allah upon you and what has been revealed to you of the Book [i.e., the Quran] and wisdom [i.e., the Prophet’s Sunnah] by which He instructs you. And fear Allah and know that Allah is Knowing of all things.”[Quran 2:231]