Islamic Perspective on Divorce – According to Quranic Verses
Marriage
is prescribed by Allah Almighty. It is the lawful union of man and
woman based on mutual approval. The Holy Quran uses the word “Nikah” for
this union of a man and a woman. Its literal meaning is getting
involved with each other just like rainwater absorbs in the earth. So,
the Quran call husband and wife equal partner. It means that both are
fundamental to each other in a family union. It is clear that in the
absence of compatibility, the family life will be not being balanced and
healthy.
Allah says in Holy Quran about marriage and family union in a way:
“And
[also prohibited to you are all] married women except those your right
hands possess. [This is] the decree of Allah upon you. And lawful to you
are [all others] beyond these, [provided] that you seek them [in
marriage] with [gifts from] your property, desiring chastity, not
unlawful sexual intercourse. So for whatever you enjoy [of marriage]
from them, give them their due compensation as an obligation. And there
is no blame upon you for what you mutually agree to beyond the
obligation. Indeed, Allah is ever Knowing and Wise.” (Quran, 4:24)
The
above verse of Holy Quran says that the marriage is a union of
like-minded people to promote noble relations. The purpose of marriage
in Islam is to encourage a state of tranquility, love, and compassion.
Islam discourages divorce. Allah provides general guidelines for the
process of divorce with stress on both parties defending the values of
justice and kindness in specifying the end to their marriage.
Holy Quran says about Divorce in a way:
Holy Quran says about Divorce in a way:
“And
if you have reason to fear that a breach might occur between a
[married] couple, appoint an arbiter from among his people and an
arbiter from among her people; if they both want to set things right,
God may bring about their reconciliation. Behold, God is indeed
all-knowing, aware. (Quran, 4:35)
If
the settlement step fails, both the man and woman have approved the
right to divorce as mentioned in the Quran. When a divorce is proposed
by the man, it is known as “Talaaq.” The announcement by the husband may
be verbal or written, but once made, there is to be a waiting period of
three months (‘Iddah) during which there can be no sexual relations,
even the two are living under the same roof.
In
case the husband is at fault and the woman is interested in divorce,
she can request a judge with cause for divorce. She would be required to
offer proof that her husband had not fulfilled his responsibilities.
The judge would make that determination based on the facts of the case
and the law of the estate. If the woman had stated certain conditions in
her marriage contract, which were not met by the husband, she could
take a conditional divorce from husband.
The
differences in powers of the husband and wife with concern to divorce
can be obtained from the following verse of Holy Quran: “…but,
in accordance with justice, the rights of the wives (with regard to
their husbands) are equal to the (husbands) rights with regard to them,
although men have precedence over them (in this respect). And God is
Almighty wise.”(Quran, 2:228)
There
has been much misinterpretation and propagation of mistruth about a
woman’s rights in the matters of marriage and divorce. It is only with
self-education and awareness of the Quranic verses that both men and
women can come to know the truth of what Allah Almighty has prescribed
and to evaluate the scholarly explanation firmly to ensure that the
spirit of justice is carried out:
“When
you divorce women and they fulfill the term of their (Iddat), 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 anyone does that, he wrongs his own soul. Do not treat God’s Signs as
a jest, but solemnly rehearse God’s favors on you, and the fact that He
sent down to you the Book and Wisdom, for your instruction. And fear
God, and know that God is well-acquainted with all things.” (Quran, 2:231)
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