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Women  IN ISLAM: Divorce (Part 7)

 

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

 

Prophet Muhammad 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, 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 welfare of women are to be upheld.

 

Imam al Ghazzali (1058 CE), who is honored with the title of Hujjat al Islam, wrote in ‘The Proof of Islam‘: “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 the 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 transgress 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 fulfill 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 favors 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  (annulment) 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.

WOMEN IN ISLAM: Marriage (Part 5, April 22, 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.

 

        Mariage is encouraged in Islam at an early age.  This tradition is widespread in underdeveloped countries regardless of religions.  Islam considers sexuality to be a natural part of life, which is to be channeled into a healthy marriage life to avoid exploitation of women through prostitution, pornography, and rape.

 

        The Prophet Muhammad advised Muslims: “Whoever is able to marry should marry; that institution will help the Moslem lower his gaze and guard his modesty”. Islam regards marriage as necessary and has raised it to the level of being a positive virtue and described it as being half the faith.

 

        Marriage is a consented contract between two equal parties; neither male nor female should be forced into a marriage. Islam clearly states that a marriage contracted without the free consent of the woman is null and void. The Prophet said: “No widow should be married without consulting her, and no virgin should be married without her consent.” Allah said: “When one of you seeks to marry a woman, if he is able to have a look at the one he desires to marry, let him do so”.

 

        As an equal partner, the Muslim woman may stipulate conditions in the marriage. The woman may stipulate, prior to marriage, the transfer of divorce power to herself, restricting the husband to one wife only, and clearly defining the conditions of maintenance. Muslim wives have always been allowed and expected to keep their maiden names after marriage.

 

        The wife is a spiritual and moral being who is brought into union with a man on the basis of a solemn pledge which Allah is called upon to witness. The Prophet said: “You have seen nothing like marriage for increasing the love of two people”. In sourat Al-Rum (Byzantium) it is read: “And among His Signs is this; that He created mates from among yourselves; that you may dwell in tranquillity with them, and He has put love and mercy between your (hearts): verily in that are Signs for those who reflect.”  In sourat al-Aaraf (customs) it is read: “It is He Who created you from a single person, and made his mate of like nature, in order that he might dwell with her (in love).

 

        In Islam, there is no notion of woman being responsible for the “Fall” or of being the first sinner and therefore responsible for all of mankind’s woes. There is no idea of man being created out of superior material and woman out of base matter. Woman is made equal, both men and women are the progeny of Adam, so both have similar souls. In sourat al Shura (counsel) it is read: “(He is) the Creator of the heavens and the earth: He has made for you pairs from among yourselves”.  In sourat al Nissaa (women) it is read: “Mankind! Reverence your Guardian – Lord Who created you from a single Person, created, of like nature, his mate, and from them twain scattered (like seeds) countless men and women – fear Allah, through Whom you demand your mutual (rights).”

 

     Islam does not view woman as the instrument of the devil or evil creature. The Koran describes woman as muhsanah (charitable), a fortress against evil, because a good woman helps her husband maintain the path of righteousness.  Muslim men are continually admonished to treat their wives kindly. To those men who oppress their wives then the sourat al Nissaa said: “O you who believe! You are forbidden to inherit women against their will. Nor should you treat them with harshness, that you may take away part of the dower you have given them – except when they have been guilty of open lewdness; on the contrary, live with them on a footing of kindness and equity. If you take a dislike to them it may be that you dislike a thing, and Allah brings about through it a great deal of good.”

 

      

        Men are commanded by Allah to consort with women amicably and honourably. They should refrain from harshness in speaking to and dealing with them. Behaviour that goes against standards of morality and common courtesy is prohibited. Such wicked and brutal conduct is the sign of ignorance (jahidyyah) which Islam came to abolish.

 

        The Prophet Muhammad attended to his own personal needs; he helped his wives in the house, he stitched and mended his own clothes, and kept a cheerful climate when he entered the house.  He demonstrated that a man is never too great to clean and look after himself, and he imparted the following advice:  “The best among you is the one who is best to his family, and I am the best among you to his family”.  “The most perfect believers are the best in conduct and the best of you are those who are best to their wives. By assisting your wives in their household duties, you will receive the reward of sadaqah (charity)”   In his famous speech given during his Farewell Pilgrimage, the Prophet reminded the Muslims of the importance of treating women equitably: “O people, fear Allah with regard to women..”

 

        Islam regards men and women as equal partners who should cooperate in making the home, be loyal, considerate and dependent upon one another. They should work together to overcome any problems and obstacles, work together to overcome the shortcomings of each partner, and present a united front to the outside world. They should also provide companionship and comfort to one another.  Islam clearly recognises the equal potential and ability of the sexes, but Allah has created human beings in a manner whereby men and women are better suited for complementary tasks.


adonis49

adonis49

adonis49

October 2020
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