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Women's Rights
Question: Response: Wa Aleikum Salam I want to make clear that I am not an Islamic scholar to be able to give you advise based on the legal aspects of sharî'ah. From a common sense and limited understanding of Islam... this is my understanding about divorce. The Quran states as regards grounds of divorce in very general terms: Sûrah Al-Baqarah 2: 229 'And if you fear that the two (i.e. husband and wife) may not be able to keep the limits ordered by Allah, there is no blame on either of them if she redeems herself (from the marriage tie)' The general grounds of divorce in the Qur'ân is failure of one or both parties to discharge their marital duties and to consort with each other in kindness, peace and compassion. The jurists have developed some indices which may be accepted as grounds for divorce, ie: long absence of husband without a valid reason, long imprisonment, refusal to provide for wife, impotence, etc. Either party may take steps to divorce in cases of deceptive misrepresentation during marriage contract, chronic disease, insanity, or desertion, etc. Talâq has to be pronounced 3 times with the required interval between each. Most scholars say that saying it 3 times at one sitting is not allowed, but will take extenuating circumstances into consideration. After the 3rd incident the usual waiting time is that of 'iddah' which is about 3 months. The waiting period for the wife usually lasts three months. If there is a pregnancy, it lasts as long as the pregnancy lasts. The waiting period is basically a term of probation during which reconciliation can be attempted. It is required to establish whether the wife has conceived. Maintenance of the wife during the waiting period is the husband's responsibility and obligation. The wife cannot be expelled from her place of residence and he cannot in any way harass her. These will constitute as a moral and criminal offence. Sûrah Al-Baqarâh 2:241 Reasonable provision should be made for the divorced woman. This is incumbent on righteous men. In case of divorce, the young children remain in the custody of their divorced mother. However, the father has to provide for the maintenance of the children. When a husband acts irresponsibly toward his wife, she is permitted to take matters into her own hands and file for divorce, she does not have to wait 5 or 10 years for him to free her. The wife's right to ask for divorce does not have any time limit, she can file for it whenever she wants to. Sûrah An Nisa 4:128 If a woman fears ill-treatment or desertion on the part of the husband, it shall be no offense to seek mutual agreement (to separate); for agreement is better (than strife). Man is prone to avarice but if you do what is right... God will know. A husband does not have the right to prolong the marriage and keep the wife in suspense and uncertainty for any extended period of time. Sûrah Al-Baqarâh 2. 231 ‘Do not retain them against their will in order to hurt…’ Sûrah An Nisa 4:19 ‘It is not lawful for you to try to hold your wives against their will, and neither shall you keep them under constraint with a view to taking away anything of what you may have given them...’ If the husband has already divorced the wife, he does not have the right to harass her as he pleases. A husband who has abandoned his wife does not have the right to claim her as his wife whenever his little heart desires. Islamic law on divorce, if followed in true spirit, will enhance the dignity of man and woman, reduce conflict and ensure justice. Hope this helps. Regards, Uzma Mazhar |