Divorce – the Islamic Perspective - International Link Tours
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Divorce – the Islamic Perspective

Marriage is an endorsed union of a man and woman that is approved by Allah ﷻ. ideally, the purposes of marriage in Islam are;

  • To restrain physical desires
  • To obtain an organized domestic life
  • To fulfill the responsibility of children
  • The development of family line
  • To maintain a balanced human society.

Other than these inevitable reasons, marriage brings a support system to both man and woman, whether it is psychological, financial, emotional or physical. The purpose of marriage is to promote a state of tranquility, love and compassion to both partners. The utmost wish of a couple and the society is to hold the relation of wedlock forever. But there are some imbalances and differences that could become so obvious and cause this institution to split up. Islam definitely discourages the divorce, but if it is necessary than Islam ensures provision for both partners.

The Process of Divorce

  1. First Divorce

Islam provides a complete regulation before coming up to the final decision of divorce. If a husband decides to divorce his wife, he should wait until her menstrual cycle of that month and say the divorce sentence only once, and then wait for a period of three months. This period is called Iddah. During the period, the husband is responsible for wife’s expenses and if the issues between them get resolved and they want to reunite, they can do it without any hassle and the marriage would be sustained. This is for the first divorce. But now they will be left with only two divorce rights.

  1. Second Divorce

If they are persistent on the divorce decision, then the husband would repeat the process of giving the divorce once in a period of 3 months (3 menstrual cycles) and finally, the marriage would be dissolved. So, the whole divorce process is completed in a period of nine months. If the couple came to a resolution after the second divorce, then they have to renew their marriage contract i.e. Nikkah to stay together.

  1. Third Divorce

If the couple continued to stay on the divorce decision, the husband should say the final wordings after the 2nd trimester of iddah and with the final 3 months of 3rd divorce, the marriage would be declared as resolved. They couldn’t stay together as husband and wife. The Mehr of the wife should be paid by husband before her exit from the house.

The Logic of Iddah

According to the Quran, there are two basic reasons for the waiting period (Iddah).

  • To determine whether the woman is pregnant or not, so that the ancestry of the child wouldn’t be in doubt.
  • To give the couple and the family members a chance to resolve the issues and rectify the situation. The period given can help them calm down their nerves and think about it as most of the time, the anger, and negative vibes run high and thus needed recovery time.

If a woman does not have her monthly cycles owing to age, disease or any other reason and still there is a chance of pregnancy, then waiting for 3 months can clearly reveal the condition. It also helps her get into wedlock with another man if she like and there would be no health issues involved.

Waiting Period for Pregnant Woman

Giving divorce is not encouraged in Islam, especially if the woman is pregnant.  But if the couple has decided, then for a pregnant woman the period of iddah is up to the birth of the child and the expenses of child and woman would be due on the father of a child till the completion of the nursing period.

Waiting Period for Newlywed

If the couple had no physical relation, then there is no need to wait for 3 months and the marriage would be resolved immediately. In Surah Baqarah, it is revealed that in such condition that it is mandatory to husband to give the woman a new dress and gifts along with her Mehr.

Mandatory Conditions for Iddah

During the waiting period,

  1. The Husband couldn’t expel the wife out of the house, nor should she leave the house herself.
  2. The wife must not hide her pregnancy
  3. Husband is completely responsible for the woman’s provisions and expenses
  4. If they changed their mind, then they must call 2 persons to testify and witness their decision.

Post-Divorce Stance

After the process of divorce, the woman is free to remarry another person or her former husband and the man loses all his rights to her. In the Quran, Allah has forbidden the husband to take back any asset gifted to the woman during the marriage. If they have kids then the expenses of kids would be due to the father.

Featured Image Courtesy: Kamal Zharif Kamaludin

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