Forgiving You (Dublin Sisters #2)

Divorce in Islam

After reading the comments of last chapter i have come to the conclusion people have wrong perceptions of divorce. Few months back i had written a research paper on it. The following is a part of the research paper on Divorce in Islam which I hope will clear the misconceptions and will also make the readers understand the events that will follow in the story. All the information in this paper has been taken from two primary sources of Islam - Quran and Sunnah (traditions of the Prophet Muhammad SAW). 

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General understanding of divorce in Islam

God – Allah has given man and woman the right to seek for a divorce if they are not happy in a marriage. However, it is to be noted that divorce should be the last resort a man or woman should seek for. This is to safeguard the family and the interest of the children involved in a divorce case. It is advised that man and woman should work towards making their marriage work (Farag, 2010).

This is seen in Quran verse where Allah advice men even if they don't like their wives they should look for positive qualities.

"... 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." (Quran, Surah 4 Verse 19)

Similarly, Allah advices women in the following verse.

"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; ..." (Quran, Surah 4 Verse 128)

It is stressed in the Holy Scripture Quran that reconciliation should be tried at all levels.

"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" (Quran, Surah 4 Verse 35).

Furthermore, according to Jaafar-Mohammad and Lehmann, (2011) the Prophet Muhammad (Peace be Upon him) has stressed again and again that a man should be kind to his wife no matter what. The following is the saying of the Prophet.

"Live with them (your wives) on a footing of kindness and equity. If you dislike them it may be that you dislike something in which Allah has placed a great deal of good."

Types of divorce in Islam

However, if for whatever reason the couple is unhappy divorce can be taken. There are two types of divorce in Islam one that is given by the man and the other that gives right to the woman to dissolve the marriage. Divorce in Arabic is called Talaq. A talaq right is given to the man. A divorce takes place when the man verbally or in written document explicitly announces the divorce such as "I divorce you or You are divorced" (The Islamic Sharia Council, 2013). A man can pronounce divorce three times during a marriage. The first two divorce allows the man to reconcile with his wife while the third divorce is irrecoverable.

In a woman's divorce case, it is different. A woman seeking a divorce because of any defects in the marriage or in the husband had to present her case in front of the judge, who then, grants the divorce. She will also be eligible to financial compensation. However, if a woman seeks a divorce for no particular reason then the woman will get divorce called 'Khula' in Arabic. Whereas, the woman will not be eligible for any financial compensation and has to even return the dowry which the man had paid at the time of marriage (The Islamic Sharia Council, 2013). This has been seen from the evidence in the Prophet Muhammad (Peace be Upon Him) time when a woman was asked to return the garden to her husband that was given to her as a dowry (Islamic Sharia, 2016). The dowry is the gift given by the man to his wife at the time of the marriage. This gift is decided by the woman what she expects from her husband. Many times it is world's pleasures such as cash or jewelry or other times it is spiritual gift such as reciting certain chapters of the Quran, all depending on what the woman sought (Jaafar-Mohammad and Lehmann, 2011). There is only once the woman can seek a khula and once that is effective, the marriage is immediately dissolved.