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Divorce in Islam

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In Islam, divorce is a right which is given to the husband and wife in order to seek separation from one another when they are not happy with each other in their wedlock. This is a right which is designated to a Muslim couple from Islam and law.

Meaning of Divorce (Talaq)

The word talaq is derived from the root ط ل ق which means to set free.

Definition of Divorce

Divorce is a legal and Islamic right given to the Muslim couple whether a man or a woman to set their selves free from the bond of Marriage, if they are not happy with each other.

Explanation of Talaq

The word Ukad (عقد Nikkah) means to tie a knot and in contrary the word talaq (divorce) means to untie that knot. When a person agrees to get married with any one and after marriage the circumstances changes and both persons (or anyone) don’t want to continue their relation as a husband and wife so Islam gives them the permission to set one another free from this relation.

A permissible But Condemned Act

Islam is a religion which is realistic and its every commandment is for betterment and convenience for mankind. A couple which is not happy and satisfied should not be bound together for the whole life. Divorce is a permissible act but it is highly condemned and disliked by Allah.

Why Divorce is Permissible but Disliked

Divorce is permissible in Islam but condemned as well. This point is always criticised by many non-Muslims. Islam is a religion which is rational and reality based. If a couple is not happy with one another then it is not right to bound them together. There are sometimes inevitable circumstances in which divorce is the best way out. Marriage should always base on love, understanding, intimacy and mutual understanding but if a marriage lacks one or all the basic things then it’s better to set each other free.

One Who Causes the Divorce of Others

A person who is the cause of the divorce between two people, or who forces a spouse to divorce another (even if they are the parents of the spouses) they will be punished by Allah for this evil deed as it is similar to following the footsteps of Satan.

Reasons of Divorce

There are many reasons of which some are described below.

Lack of Interest

Sometimes, there is a lack of interest amongst the spouses for one another. This lack of interest can be from the very first day or it can develop later on but spouses are not interested in spending their whole lives with one another so they opt for divorce. The lack of interest can be from one party as well where one party is ready to compromise but other is not ready to spend the whole life by pulling the burden of this marriage so he or she opts for divorce.

Indulging Towards Someone Else

Sometimes one party starts declining towards someone else which leads to divorce in some cases. The dreams shown by the third party is the cause of the separation amongst the spouses as the spouse starts to find problems and flaws in the other spouse and thus the whole system of household starting to destroy and finally it ends up in divorce.

Forced Marriages

Another very common cause of divorce is forced marriages. Forced marriages are also prohibited in Islam as the relation of husband and wife s of love and intimacy so when there is no love in the bond of marriage then it will finally end up in divorce.

Unfulfillment of basic desires

In some cases, one partner is not vigilant and ignorant of the basic desires of the other. There is a lack of interest in sexual intimacy which is the root cause of all the other problems. Man is made by Allah to produce offspring and that is why its sexual instinct is much more than a woman. When a woman ignores this very desire of her husband then husband becomes stressed and the problems started. Sometimes, it is the other way when woman is more energetic towards sexual intimacy and husband ignores this natural instinct so it leads towards divorce.

Incompatibility of spouses

In many circumstances, man and woman are not compatible with each other which sometimes lead to unsolvable arguments and circumstances and final result in divorce.

Misconduct

The behaviours of one play a vital role in making or breaking relations. If man or woman are egoistic, ill mannered, narrow minded, ungrateful, arrogant, torturous, not compromising etc. then such relation is most likely to end up in divorce.

Divorce in anger

There is a contradiction amongst different schools of thought about divorce given in anger is valid or void. According to some scholars, if someone gives divorce in immense anger but he does not mean to divorce the wife even then the divorce is valid and according to others when someone pronounces it without intention the divorce is void.

Proof from Quran

The verses of surah al Bakarah from 227 to 232, surah Al talaq 1 to 7 and Surah Ahzab 28 and 29 are about talaq.

Proof of divorce from hadith

Abu Hurairah narrated that: The Messenger of Allah said: Allah has permitted my Ummah what occurs in their minds as long as it is not spoken or acted upon. Tirmazi, book of divorce, hadith 1183

Hisham bin Urwah narrated from his father, from Aishah that she said: The people were such that a man would divorce his wife when he wanted to divorce her, and she remained his wife when he wanted to take her back while she was in her Iddah, and he could divorce a hundred times, or even more, such that a man could say to his wife: ‘By Allah! I will neither divorce you irrevocably, nor give you residence ever!’ She would say: ‘And how is that?’ He would say: ‘I will divorce you, and whenever your Iddah is just about to end I will take you back. So a woman went to Aishah to inform her about that, and Aishah was silent until the Prophet came. So she told him and the Prophet was silent, until the Qur’an was revealed: Divorce is two times, after that, retain her on reasonable terms or release her with kindness.’ So Aishah said: So the people could carry on with divorce in the future, (knowing) who was divorced, and who was not divorced. Tirmazi, book of talaq, hadith 1192.

 

(If you find any mistake in this article please feel free to contact us and point it out. We will try to correct it in the light of Quran and Sunnah. May Allah bless us all with the authentic knowledge of Islam. May this effort of ours ease the way of jannah for our family).

 

 

 

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1 Comment

  1. Bint-e-Ikhlaq December 10, 2018 — Post Author

    very true and we are proud to be Muslims

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