Friday, May 9, 2008

Divorce In Islam

Peace of God and His mercy to you.

Today's Friday prayer's sermon was about divorce.

There is a whole sura in the Holy Quran about divorce:
O Prophet! When ye (men) put away women, put them away for their (legal) period and reckon the period, and keep your duty to Allah, your Lord. Expel them not from their houses nor let them go forth unless they commit open immorality. Such are the limits (imposed by) Allah; and whoso transgresseth Allah's limits, he verily wrongeth his soul. Thou knowest not: it may be that Allah will afterward bring some new thing to pass. (1) Then, when they have reached their term, take them back in kindness or part from them in kindness, and call to witness two just men among you, and keep your testimony upright for Allah. Whoso believeth in Allah and the Last Day is exhorted to act thus. And whosoever keepeth his duty to Allah, Allah will appoint a way out for him, (2) And will provide for him from (a quarter) whence he hath no expectation. And whosoever putteth his trust in Allah, He will suffice him. Lo! Allah bringeth His command to pass. Allah hath set a measure for all things. (3) And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months, along with those who have it not. And for those with child, their period shall be till they bring forth their burden. And whosoever keepeth his duty to Allah, He maketh his course easy for him. (4) That is the commandment of Allah which He revealeth unto you. And whoso keepeth his duty to Allah, He will remit from him his evil deeds and magnify reward for him. (5) Lodge them where ye dwell, according to your wealth, and harass them not so as to straiten life for them. And if they are with child, then spend for them till they bring forth their burden. Then, if they give suck for you, give them their due payment and consult together in kindness; but if ye make difficulties for one another, then let some other woman give suck for him (the father of the child). (6) Let him who hath abundance spend of his abundance, and he whose provision is measured, let him spend of that which Allah hath given him. Allah asketh naught of any soul save that which He hath given it. Allah will vouchsafe, after hardship, ease. (7) And how many a community revolted against the ordinance of its Lord and His messengers, and We called it to a stern account and punished it with dire punishment, (8) So that it tasted the ill-effects of its conduct, and the consequence of its conduct was loss. (9) Allah hath prepared for them stern punishment; so keep your duty to Allah, O men of understanding! O ye who believe! Now Allah hath sent down unto you a reminder, (10) A messenger reciting unto you the revelations of Allah made plain, that He may bring forth those who believe and do good works from darkness unto light. And whosoever believeth in Allah and doeth right, He will bring him into Gardens underneath which rivers flow, therein to abide for ever. Allah hath made good provision for him. (11) Allah it is who hath created seven heavens, and of the earth the like thereof. The commandment cometh down among them slowly, that ye may know that Allah is Able to do all things, and that Allah surroundeth all things in knowledge. (12) Divorce 65:1-12

You can check the tafsir of this sura and others in Al Tafsir Website.

Divorce
The husband is allowed to seek divorce only if there is a serious reason. God says in the Holy Quran:
O ye who believe! It is not lawful for you forcibly to inherit the women (of your deceased kinsmen), nor (that) ye should put constraint upon them that ye may take away a part of that which ye have given them, unless they be guilty of flagrant lewdness. But consort with them in kindness, for if ye hate them it may happen that ye hate a thing wherein Allah hath placed much good. (19) The Women 4:19

The husband should seek a good thing in his wife that makes him love her. There is no such a totally bad woman!

And if there is no way they can live together in one roof, they should first seek the help of their families. God says:
And if ye fear a breach between them twain (the man and wife), appoint an arbiter from his folk and an arbiter from her folk. If they desire amendment Allah will make them of one mind. Lo! Allah is ever Knower, Aware. (35) The Women 4:35

The husband must always think before deciding the divorce. There will be many serious consequences in the near and far future especially on the wife and their sons and daughters. God says in the Quran:
Allah will not take you to task for that which is unintentional in your oaths. But He will take you to task for that which your hearts have garnered. Allah is Forgiving, Clement. (225) Those who forswear their wives must wait four months; then, if they change their mind, lo! Allah is Forgiving, Merciful. (226) And if they decide upon divorce (let them remember that) Allah is Hearer, Knower. (227) Women who are divorced shall wait, keeping themselves apart, three (monthly) courses. And it is not lawful for them that they should conceal that which Allah hath created in their wombs if they are believers in Allah and the Last Day. And their husbands would do better to take them back in that case if they desire a reconciliation. And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them. Allah is Mighty, Wise. (228) Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah's limits: such are wrong-doers. (229) And if he hath divorced her (the third time), then she is not lawful unto him thereafter until she hath wedded another husband. Then if he (the other husband) divorce her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. These are the limits of Allah. He manifesteth them for people who have knowledge. (230) When ye have divorced women, and they have reached their term, then retain them in kindness or release them in kindness. Retain them not to their hurt so that ye transgress (the limits). He who doeth that hath wronged his soul. Make not the revelations of Allah a laughing-stock (by your behaviour), but remember Allah's grace upon you and that which He hath revealed unto you of the Scripture and of wisdom, whereby He doth exhort you. Observe your duty to Allah and know that Allah is Aware of all things. (231) And when ye have divorced women and they reach their term, place not difficulties in the way of their marrying their husbands if it is agreed between them in kindness. This is an admonition for him among you who believeth in Allah and the Last Day. That is more virtuous for you, and cleaner. Allah knoweth; ye know not. (232) The Cow 2:225-232

'A'ishah, may Allah be pleased with her, reported:
Regarding the verse:
And if a woman fears cruelty or desertion on her husband's part The Women 4:128
it was revealed in case of a woman who had long association with a man (as his wife) and now he intends to divorce her and she says: Do not divorce me, but retain me (as wife in your house) and you are permitted to live with another wife. It is in this context that this verse was revealed. Source: al-islam

Islam provides guidance. God taught the people how to deal with many issues in their lives both in the Holy Quran and the teachings of the Prophet Muhammad, Peace Be Upon Him. Allah is the Greatest Judge and King!

Why Only The Husband Decides Divorce?
Men are able to judge on things without their emotions affecting their decisions, women cannot. At times of difficulties the men are able to control themselves and think before judging, but the women are not. Women are sentimental.

Divorce is not a good thing at most of the times. It is a difficult choice and can and has caused troubles for the husband, the wife and their sons and daughters.

But, does the woman have the choice to seek divorce? She has the choice! But it is not called divorce. It is called khulu. It is divorce at the request of the wife who pays a compensation to her husband. God says:
Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah's limits: such are wrong-doers. (229) The Cow 2:229

And there is the famous hadith:
that the wife of Thaabit ibn Qays came to the Prophet (peace and blessings of Allaah be upon him) and said: “O Messenger of Allaah, I do not blame Thaabit ibn Qays for any defect in his character or his religious commitment, but I would hate to commit an act of kufr when I am a Muslim.” [Ibn Majaah (2056 added): and I cannot stand him ] The Messenger of Allaah (peace and blessings of Allaah be upon him) said, “Will you give him back his garden [which he had given as mahr]?” She said, “Yes.” The Messenger of Allaah (peace and blessings of Allaah be upon him) said (to Thaabit), “Accept the garden, and divorce her once.” Source: Islam Q&A

And the khulu is for a reason. The Prophet Muhammad said:
Those women who seek khulu’ [without valid grounds] are the hypocrites. Source: Islamweb

In the end...

It is easy to search for things you do not know about in Islam and know better about them. As you know, I am just a Muslim; not a scholar. And the topic of divorce cannot be written by a Muslim not specialized in fiqh.

I will give you links that will help you know more about divorce in Islam through fatwas: