The Position of Women in Islam: A Progressive View

7. Rules of Dissolution of Marriage in Islamic Law

59 7 Rules of Dissolution of Marriage in Islamic Law Although divorce is permitted in Islamic law, it is discouraged by both the Quran and the Hadith. The Prophet (pbuh) said, “With Allah the most detestable of all things permitted is divorce”. (AD 13:3) The Quran recommends reconciliation between the couple before a breach between the husband and wife (shiqaq baynakum) leads to divorce. Quranic verses relevant for this subject are given below. • “If you 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 has full knowledge , and is acquainted with all things.” (4:35) • “And if a wife fears cruelty or desertion on her husband’s part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men’s souls are swayed by greed. But if you do good and practise selfrestraint, God is well acquainted with all that you do.” (4:128) • “But if they disagree (and must part) God will provide abundance for all from His all-reaching bounty; For God is He that cares for all and is Wise.” (4:130) • “Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what God has created in their wombs, if they have faith in God and the Last 60 THE POSITION OF WOMEN IN ISLAM Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation; and women shall have rights similar to the rights against them according to what is equitable . . . ”(2:228) • “A divorce is only permissible twice: after that parties should either hold together on equitable terms or separate with kindness. It is not lawful for you (men) to take back (from your wives) any of your gifts, except when both parties fear that they would be unable to keep the limits ordained by God. If you (judges) do indeed fear that they would be unable to keep the limits ordained by God, there is no blame on either of them if she gives something for her freedom. These are the limits ordained by God; so do not transgress them. If any do transgress the limits ordained by God, such persons wrong (themselves as well as others).” (2:229) • “So if a husband divorces his wife (irrevocably), he cannot, after that, remarry her until after she has married another husband and he has divorced her. In that case there is no blame on either of them if they reunite, provided they feel that they can keep the limits ordained by God. . . . ” (2:230) • “When you divorce women, and they fulfil the term of their (iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage. If anyone does that, he wrongs his own soul . . . ” (2:231) • “When you divorce women, and they fulfil the term of their (iddat), do not prevent them from marrying their (former) husbands, if they mutually agree on equitable terms. This instruction is for all amongst you, who believes in God and the Last Day . . . ” (2:232) • “There is no blame on you if you divorce women before consummation or the fixation of their Dower; but bestow on them (a suitable gift), the wealthy according to his means, and the poor according to his means—a gift of a reasonable amount is due from those who wish to do the right thing. And if you divorce them before consummation, but after the fixation of a Dower for them, then the half of the Dower (is due to them), unless they remit it or (the man’s half) is remitted by him in whose hands is the marriage tie; and the remission (of the man’s half) is the nearest to righteousness and do not forget lib- 61 RULES OF DISSOLUTION OF MARRIAGE IN ISLAMIC LAW erality between yourselves. For God sees well all that you do.” (2:236–237) • “O Prophet! When you divorce women, divorce them at their prescribed periods, and count (accurately) their prescribed periods: and fear God your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case...