DIVORCE IN ISLAM
IMPORTANT INFORMATION ABOUT A MUCH ABUSED PRIVILEGE
The abuse of talaaq or divorce by husbands that is being currently witnessed has reached alarming proportions. This has prompted us to enlist some important rules of the Shariah regarding divorce so that husbands (present and future) may understand the significance and importance of this very sensitive and serious Shar’ee institution and acquaint themselves with the necessary laws. These rules have been taken from The Quran, Hadith, and books of Fiqah. SOME SAYINGS OF RASOOLULLAH (sallallahu alaihi wasallam) ON TALAAQ "The most detested of halaal things by Allah is divorce." (Hakim, Abu Dawood) "Marry, but do not divorce (without a real need), for Allah does not love such men and women who taste a lot (i.e. they marry and divorce often)." (Tibraani) "Women should not be divorced except for lewdness." (Tibraani) "Marry, but do not divorce, for the Throne of Allah shudders over talaaq." (Ibni Adee) "Those women who contrive to get talaaq, or force their husbands (by disobedience) to divorce them, are hypocrites (munafiqs)." (Nasaa-ee) "If a woman seeks talaaq from her husband without a pressing need then the fragrance of Jannat becomes haraam upon her. (Ahmad, Haakim) Another hadith has it that the most beloved to Iblees from among his army of devils are those who create enmity and division between husband and wife. (Muslim, Ahmad)
RULES OF DIVORCE
C Islam has vested the right to divorce with the husband only, and not the wife. This is so because of the weak nature and temperamental instability of the wife. However, it appears that even the husbands of today have lost their self-control and stability, hence this spate of divorces in the Muslim community. Lack of such control, erratic mood swings, impulsiveness, anger, etc. are the factors contributing to what Rasoolullah (sallallahu alaihi wasallam) described as one of the signs of qiyamat (i.e. increased divorce rate). Such husbands need spiritual (not marital) counselling and guidance to counter this spiritual deficiency. C As stated above, the wife cannot divorce the husband.
C The Arabic for divorce is talaaq. Whether one uses the Arabic word talaaq or the English term divorce, the result is the same. C Divorce in the Shariah is only there to fulfill a need, and that need is to terminate the nikah when it (the marriage) has irretrievably broken down and there is no means of conciliation, and this after all efforts to bring the parties together again have failed. The husband has been made the owner of three talaaq. But this does not mean that he must issue three and only then will the nikah end. Only one talaaq is enough to do the job. Since the purpose of talaaq is to fulfill a need as a last resort, the husband only has to pronounce talaaq once, and the nikah will be over. It is a gross misconception on the part of people to believe that only when three talaaq are issued does the nikah break. After talaaq has been given, the wife must sit in iddat, which is normally three menstruation periods. After this iddat the nikah is over and she may marry another man of her choice. If the husband has issued one or two talaaq, he has the right to take the wife back without making a new nikah while she is still in the iddat mentioned above, irrespective of whether she wants to come back or not. In this particular case the wife has no say at all. The husband may take her back in the iddat by saying verbally: "I have taken my wife back" or by a sexual advance such as kissing or sexual intercourse, etc. It is preferable, not compulsory to say he is taking her back in front of two witnesses. But after the expiry of the iddat, (when 1 or 2 talaaq were given) the husband and wife can only get back together again by making a new nikah with a new dowry. And this is if the wife agrees to come back. If the woman does not agree to come back after the iddat, no one can force her because the moment the iddat ends, she is...
Please join StudyMode to read the full document