HAYATI FAITH
LAWS OF
DIVORCE
I
IN ISLAM
By: Amani Aboul Fadl Farag
'll try to supply as much
information in this big subject
as our small page can allow.
In case you need more details,
I refer you to a useful book Fiqh as-Sunnah - by Sayyed Sabiq –
is originally in Arabic, but you can
find its English translation if you
want.
DIVORCE AS A LAST OPTION:
Although divorce being allowed in
Islam is a sign of the lenience and
practical nature of the Islamic legal
system, keeping the unity of the
family is considered a priority for the
sake of the children. For this reason,
divorce is always a last choice, after
exhausting all possible means of
reconciliation. For example, Allah
addresses men asking them to try
hard to keep the marriage, even if
they dislike their wives:
... live with them on a footing of
kindness and equity. If ye take a dislike
to them it may be that ye dislike a
thing, and God brings about through
it a great deal of good.
- Surah 4 Verse 19
Also the following verse is addressed
to women asking them the same
thing:
If a wife fears cruelty or desertion on
her husband's part, there is no blame
on them if they arrange an amicable
16 HAYATI
settlement between themselves; ...
- Surah 4 Verse 128
Again, the following verse is
addressed to the family or the society
for the same purpose of rescuing this
bond, which God did not make easy
to break:
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, God will cause
their reconciliation: For God hath full
knowledge, and is acquainted with all
things.
- Surah 4 Verse 35
But, if after exhausting all methods
of reconciliation, the hatred between
the husband and wife is still greater
than tolerance, then divorce becomes
inevitable. Here comes the genius
of the Islamic law, which holds
practical, rather than unrealistic
approaches, towards real situations.
The ultimate aims of marriage, as well
as any other aspect of human life, are
to achieve happiness and virtue. So,
when people are denied their right
to end an unhappy marriage, these
two aims are seriously violated. This
is, as the couple will live in suffering,
which may lead them to marital
infidelity. Thus divorce in this case
– if weighed up to the disaster of
family disintegration - will be less
disastrous.