Wednesday, May 19, 2010

Divorce - An Instance or a Process?

The requisite of arbiters (chapter 4:35*1) and of two witnesses (chapter 65:2*2) provide ample grounds for divorce to be a process instead of an instance of emotions.

This renders divorce not as a prerogative of men as is used in muslim societies especially of the Indian subcontinent. Men uttering 'divorce' or 'talaq' 3 times has, in effect, no value. Whether you sent the divorce through sms, email, were angry - divorce will not take effect.

Men should understand that Quran considers marriage as a sacred bond. God has not given men the right to break this bond by mere utterance of a word 3 times. Women should understand that the word 'divorce' cannot be used by men as a blackmailing tool. The State should understand that laws are to be moulded in such a way that no abuse of either party - especially women can take place by invoking the Quranic principles of justice with regards to divorce.

*1 - 4:35 - If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, Allah will cause their reconciliation: For Allah hath full knowledge, and is acquainted with all things.

*2 - 65:2 - Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out,

Check the following Post.

Divorce In Islam - The Quranic Perspective

1 comment:

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