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Thursday, June 9, 2011

The lawful thing Allah hates most is divorce


By Khandaker Nazneen Sultana


Divorce is contrary to the laws of nature. Muhammad. (SAW) says:The lawful thing Allah hates most is divorce.”-- (Abu Dawud).
Divorce is permitted in Islam as the last unwelcome resort, when all other doors are closed. It is an unwelcome necessity, a bitter pill, an abomination. The Muslim resorts to it only when all the other means to sustain marital life fail.


Again Hazrat Muhammad. (SAW) mentions:If any woman asks her husband for divorce without some strong reason, the odour of paradise will be forbidden for her.”-- (Ahmad, Tirmidhi, Abu Dawud, Ibn Majah,
As man has the right to ask for a woman's hand, he has also the right to dispense with her. The right of divorce is given to the man only, except in very exceptional cases. This is to safeguard the best interests of women and save them from falling victim to passions. Islam’s Feqh lays down: "Divorce is in the hand of the man."

A Muslim should not keep his wife for an unlimited time without deciding to retain her or separate from her. In four months time, after pronouncing the first reversible divorce, the husband has to decide either to go back to his wife or to divorce her an irreversible divorce, to set her free. In both cases woman is to be treated with equal kindness and generosity.
 Divorce may prove more merciful than forcing wives and husbands to live together despite their will. Both partners will look for side ways to avoid this abominable life. The social consequences of such life may be devastating such as adultery and even murder. Divorce is a bitter pill to be swallowed when everything else fails. Allah Almighty knows what is best for mankind.

What Allah says about Divorce in the holy Qur’an
 are given below—
In Surah Al-Baqarah verses no. 226 - 237, 240 - 242 Allah says:
2.226. For those who take an oath for abstention from their wives, a waiting for four months is ordained; if then they return, Allah is Oft-forgiving, Most Merciful.
2.227. But if their intention is firm for divorce, Allah heareth and knoweth all things.
2.228. Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs, if they have faith in Allah and the Last 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; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise.
2.229. A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah. so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others).
2.230. So if a husband divorces his wife (irrevocably), He cannot, after that, re-marry 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 re-unite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes plain to those who understand.
2.231. When ye 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 any one does that; He wrongs his own soul. Do not treat Allah.s Signs as a jest, but solemnly rehearse Allah.s favours on you, and the fact that He sent down to you the Book and Wisdom, for your instruction. And fear Allah, and know that Allah is well acquainted with all things.
2.232. When ye 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 believe in Allah and the Last Day. That is (the course Making for) most virtue and purity amongst you and Allah knows, and ye know not.
2.233. The mothers shall give such to their offspring for two whole years, if the father desires to complete the term. But he shall bear the cost of their food and clothing on equitable terms. No soul shall have a burden laid on it greater than it can bear. No mother shall be Treated unfairly on account of her child. Nor father on account of his child, an heir shall be chargeable in the same way. If they both decide on weaning, by mutual consent, and after due consultation, there is no blame on them. If ye decide on a foster-mother for your offspring, there is no blame on you, provided ye pay (the mother) what ye offered, on equitable terms. But fear Allah and know that Allah sees well what ye do.
2.234. If any of you die and leave widows behind, they shall wait concerning themselves four months and ten days: When they have fulfilled their term, there is no blame on you if they dispose of themselves in a just and reasonable manner. And Allah is well acquainted with what ye do.
2.235. There is no blame on you if ye make an offer of betrothal or hold it in your hearts. Allah knows that ye cherish them in your hearts: But do not make a secret contract with them except in terms Honourable, nor resolve on the tie of marriage till the term prescribed is fulfilled. And know that Allah Knoweth what is in your hearts, and take heed of Him; and know that Allah is Oft-forgiving, Most Forbearing.
2.236. There is no blame on you if ye 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.
2.237. And if ye 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 Liberality between yourselves. For Allah sees well all that ye do.
2.240. Those of you who die and leave widows should bequeath for their widows a year's maintenance and residence; but if they leave (The residence), there is no blame on you for what they do with themselves, provided it is reasonable. And Allah is Exalted in Power, Wise.
2.241. For divorced women Maintenance (should be provided) on a reasonable (scale). This is a duty on the righteous.
2.242. Thus doth Allah Make clear His Signs to you: In order that ye may understand.
In Surah An-Nisaa verses no. 20, 35, 128, 129, 130 Allah states:
4. 20. But if ye decide to take one wife in place of another, even if ye had given the latter a whole treasure for dower, Take not the least bit of it back: Would ye take it by slander and manifest wrong?
4.35. 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, Allah will cause their reconciliation: For Allah hath full knowledge, and is acquainted with all things.
4.128. 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 ye do good and practise self-restraint, Allah is well-acquainted with all that ye do.
4.129. Ye are never able to be fair and just as between women, even if it is your ardent desire: But turn not away (from a woman) altogether, so as to leave her (as it were) hanging (in the air). If ye come to a friendly understanding, and practise self- restraint, Allah is Oft-forgiving, Most Merciful.
4.130. But if they disagree (and must part), Allah will provide abundance for all from His all-reaching bounty: for Allah is He that careth for all and is Wise.
In Surah Al-Ahzab verses no. 4, 28, 37, 49 Allah mentions:
33.4. Allah has not made for any man two hearts in his (one) body: nor has He made your wives whom ye divorce by Zihar your mothers: nor has He made your adopted sons your sons. Such is (only) your (manner of) speech by your mouths. But Allah tells (you) the Truth, and He shows the (right) Way.
33.28. O Prophet! Say to thy Consorts: "If it be that ye desire the life of this World, and its glitter,- then come! I will provide for your enjoyment and set you free in a handsome manner.
33.37. Behold! Thou didst say to one who had received the grace of Allah and thy favour: "Retain thou (in wedlock) thy wife, and fear Allah." But thou didst hide in thy heart that which Allah was about to make manifest: thou didst fear the people, but it is more fitting that thou shouldst fear Allah. Then when Zaid had dissolved (his marriage) with her, with the necessary (formality), We joined her in marriage to thee: in order that (in future) there may be no difficulty to the Believers in (the matter of) marriage with the wives of their adopted sons, when the latter have dissolved with the necessary (formality) (their marriage) with them. And Allah.s command must be fulfilled.
33.49. O ye who believe! When ye marry believing women, and then divorce them before ye have touched them, no period of 'Iddat have ye to count in respect of them: so give them a present. And set them free in a handsome manner.
In Surah Al- Mujadila verses no. 2 – 4 Allah explains:
58.2. If any men among you divorce their wives by Zihar (calling them mothers), they cannot be their mothers: None can be their mothers except those who gave them birth. And in fact they use words (both) iniquitous and false: but truly Allah is one that blots out (sins), and forgives (again and again).
58.3. But those who divorce their wives by Zihar, then wish to go back on the words they uttered,- (It is ordained that such a one) should free a slave before they touch each other: Thus are ye admonished to perform: and Allah is well-acquainted with (all) that ye do.
58.4. And if any has not (the wherewithal), he should fast for two months consecutively before they touch each other. But if any is unable to do so, he should feed sixty indigent ones, this, that ye may show your faith in Allah and His Messenger. Those are limits (set by) Allah. For those who reject (Him), there is a grievous Penalty.
In Surah At-Talaq verses no. 1 - 7 Allah announces:
65.1. O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: And fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah. and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.
65.2. Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day. And for those who fear Allah, He (ever) prepares a way out,
65.3. And He provides for him from (sources) he never could imagine. And if any one puts his trust in Allah, sufficient is ((Allah)) for him. For Allah will surely accomplish his purpose: verily, for all things has Allah appointed a due proportion.
65.4. Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs), their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.
65.5. That is the Command of Allah, which He has sent down to you: and if any one fears Allah, He will remove his ills, from him, and will enlarge his reward.
65.6. Let the women live (in 'iddat) in the same style as ye live, according to your means: Annoy them not, so as to restrict them. And if they carry (life in their wombs), then spend (your substance) on them until they deliver their burden: and if they suckle your (offspring), give them their recompense: and take mutual counsel together, according to what is just and reasonable. And if ye find yourselves in difficulties, let another woman suckle (the child) on the (father's) behalf.
65.7. Let the man of means spend according to his means: and the man whose resources are restricted, let him spend according to what Allah has given him. Allah puts no burden on any person beyond what He has given him. After a difficulty, Allah will soon grant relief.
In Surah At -Tahrim verses no. 4, 5 Allah relates:
66.4. If ye two turn in repentance to Him, your hearts are indeed so inclined; But if ye back up each other against him, truly Allah is his Protector, and Gabriel, and (every) righteous one among those who believe,- and furthermore, the angels - will back (him) up.
66.5. It may be, if he divorced you (all), that Allah will give him in exchange consorts better than you,- who submit (their wills), who believe, who are devout, who turn to Allah in repentance, who worship (in humility), who travel (for Faith) and fast,- previously married or virgins.

(This article have published in the ‘Editorial page’ of ‘The News Today’ on July 10, 2006)


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