- Categories: DIVORCE- Talaq, RELATIONS
- Language: ENGLISH
While marriage is the rule of life, and divorce only an exception, the latter must also be accepted as a reality. Indeed there already exist commandments to deal, accordingly, with such cases in both divine and human laws.
The only true, authentic representation of divine law now exists in the form of the Qur’an, it having been preserved in its entirety by God and free, therefore, from all human interpolations. In the Qur’an, and in the Hadith, there are various commandments regarding divorce, the main point being that divorce should be sought only under unavoidable circumstances.
The Prophet spoke of it as being the most hateful of all the lawful things in the eyes of God, and said that when it does take place, it should be done in an atmosphere of good will. In no way should one harbour ill-will against the other. The Quran makes it explicit that the parting must above all be humane and that justice must be done: “Provide for them with fairness; the rich man according to his means, and the poor according to his. This is binding on righteous men. Do not forget to show kindness to each other… reasonable provision should also be made for divorced women. That is incumbent on righteous men.”
Prophet Muhammad (S) said, “Marriage is one of my sunnah (way). One who does not follow it does not belong to me.”
When a man marries a woman, he has to say only once that he accepts her as his spouse. But for divorce, the Qur’an enjoins a three month period for it to be formalized. That is, for a divorce to be finalized, three utterances are required, between which long gaps of one month have been prescribed (for each utterance) by the shari‘ah.