Islamic Perspective on Divorce

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: “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)