HAYATI FAITH
Misconceptions
about Woman’s
I
right to divorce
By: Women In Islam
n pre-Islamic times divorce was a weapon
used against the woman solely in a man's
hands; when he wanted to harm the
wife he would seek to divorce her and
then take her back as he pleased. There
were no set rules and the woman had no
rights in the matter. So Allah Allah (The
Almighty) invalidated this injustice by
revealing the verse which says:
(Divorce is two times: then one may retain with
goodness (and reasonable terms), or let go with
goodness (and reasonable terms).)
[2:229]
time lapses and he lets her go her way, she will be
fully divorced for the first time, and is free to marry
another man.
Her first husband may remarry her with a new
contract, if they both choose that option. If he does,
and he then again divorces her, he may take her back
her within the three menstrual periods, and this will
be two divorces and returns. After two divorces and
returns, if he divorces her a third time this is called
the final and separating divorce wherein they are not
allowed to remarry unless she waits the specified
time of three menstrual cycles and then freely
marries a different man with no intention of availing
herself to this means in order to be able to lawfully
marry her previous husband . If, for any reason, she
becomes divorced from that man, only then, and on
the condition that no shady pre-arranged dealings
were made to circumvent this rule, can she re-marry
her first husband. All these measures are designed to
help protect the family and sanctity of the marriage
bond, and the rights of the man and the woman. The
waiting period is to determine that she is free from
pregnancy. In case of pregnancy, the woman has to
wait until after delivery before she marries a second
husband.
As a way to help preserve the marriage even when
some differences occur, a Muslim man following the
Sunnah (way)of the Prophet (Peace be upon Him) may
only divorce his wife while she is clean from menses
wherein he has not had sexual relations with her in
that month. Since this requires some waiting period
before the pronouncement of divorce, this allows
time for any anger to subside or misunderstandings
to be cleared up, and gives time to other family
members or mediators to help in reconciliation. If
they continue on the path towards divorce, then she
must wait three menstrual periods. During this time,
he may take her back honorably into marriage. This Divorce is ultimately allowed in Islam to escape from
will be counted as the first divorce and return. If the any harm caused by the irreconcilable differences. It
HAYATI 19