Divorce in Islam. The legal and lawful union of a man and woman is called marriage in Islam. As prescribed by Allah, marriage is a bond that is done on the mutual consent of both parties. The ideal concept behind marriage in Islam is to promote the culture of love and compassion between the two partners. But this is not really the case in the world today where divorce and broken marriages are a part of everyday life. However, Islam has also provided the provision of divorce in some inevitable conditions.

Divorce in Islam

God provides general guidelines and insights in Quran for the process of divorce. The divorce must only be exercised in Islam for upholding the values of justice and kindness and the best interest of both parties.  (see Surah 2: 224-237 for general guidelines regarding divorce).

God encourages the husband and wife to appoint arbitrators as the first step to aid in reconciliation in the process of divorce. However if this step does not succeed, then both parties are given a right to demand a divorce according to Quran. The important thing is to understand what is the procedure of divorce described by Islam?

Talaq in Islam

The divorce is called Talaq in Islam when it is being initiated by man.   The husband can give talaq to his wife in written or verbal manner. But   once done, a waiting period of three months (‘iddat) must take place to finalize the divorce. Between these periods, there is no physical activity allowed between man and woman. The purpose of waiting period is to help the men and women to prevent hasty decisions made during angry moments. If both parties cannot reconsider their decision and cannot live together as husband and wife, then divorce is allowed. However in case the wife is pregnant, the waiting period becomes longer until her pregnancy ends. The husband is liable to support his wife during this time.

Khu in Islam

The divorce initiated by the wife is known as khu”. In this case, the wife must pay her dowry (if the husband is not at fault) to end the relationship. Whereas in Talaq, the husband pays the dowry.

The woman can petition a judge for divorce if the man is at fault. If her cause is true, then she can provide the proof against the husband for not meeting her needs. The conditions provided in the marriage contract will also be provided.

The Controversy

There is some controversy lies in this concept that man is given full power to give divorce to any of his wives anytime. That is not the case in Islam which is a religion of justice. The following verse describes it:

…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. (2:228)

The following verse more clearly defines the divorce:

Men shall take full care of women with the bounties which God has bestowed more abundantly on the former than on the latter, and with what they may spend out of their possessions. And the righteous women are the truly devout ones, who guard the intimacy which God has (ordained to be) guarded. (4:34)

About divorce in Islam. Quran tells a very true story and a transparent picture of both men and women rights. Divorce is also a way of getting those rights if one is betraying the other. If woman is the financial supporter of the family, then the conditions also apply on her. However there is no age discrimination for the divorce in Islam.

Source:mwlusa.org