Sunday, December 9, 2012

ISLAMIC LAW ON DIVORCE AND MAINTENANCE (SURAH AT-TALAQ, VERSE- 4 & 6)


Assalam oalaikum,

 In verse 65:4 of the Holy Quran, Allah (swt) says,
“And those who no longer expect menstruation among your women-if you doubt- then their period is three months, and (also for) those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allah- He will make for him of his matter ease.’

The above mentioned verse is related to the Iddat of those divorced women who have reached menopause, i.e. their menstrual periods have stopped. It is also related to those women whose menstruation has not yet begun. In some cases it so happens that though the women attain puberty, but their menstrual periods are delayed. The above mentioned women will have an Iddat period of three months. In case a pregnant woman is divorced then her Iddat will end only after she gives birth to the child.

In verse 65:6 Allah (swt) says:
“Lodge them (in a section) of where you dwell out of your means and do not harm them in order to oppress them. And if they should be pregnant then spend on them until they give birth. And if they breastfeed for you then give them their payment and confer among yourselves in an acceptable way and if there is a discord, then there may breastfeed for the father another woman.”

This verse is related to the maintenance of those women who have been given revocable divorce (Talaq-e-Raji). Lodging of such divorced women is the responsibility of their husband. Depending on their financial position, the husband has to make an arrangement for the divorced women’s lodging within their house. In case he is wealthy and has a spacious house then he should provide the divorced women with a separate room. Or else, he should vacate his own room for her. The wisdom behind this Quranic injunction is that if a divorced woman stays under the same roof with her husband then the chances for reconciliation may increase. The husband’s attitude towards the divorced women may get mellowed and he may change his mind of divorcing her irrevocably. This is even more certain in case the estranged couple has children. Unfortunately, the Muslims do not follow the guidelines laid down by the Holy Quran, which are meant for their betterment. Allah’s Apostle (saw) said, “The lawful thing that Allah (swt) hates most is divorce”. So the Holy Quran allows divorce only if it is the last resort and there is no way out.

In our society the divorced women are treated as untouchables and they are driven out of their homes. In some cases, the divorced women’s family takes her back. Maltreatment of the divorced women is against the Quranic teachings. The men have been ordered not to compel the divorced women to leave their houses, by harassing them.
If a man divorces his pregnant wife, then he is expected to provide her with maintenance till she delivers a child.
If a women whose child is still a suckling, gets divorced then the husband is supposed to give her payment.
The estranged couple is supposed to sort out such matters, amongst them. For example, the man is expected to provide the divorced woman maintenance, according to his financial position. If he is wealthy then he should not behave in a miserly way towards the divorced woman. The woman, on the other hand, is not supposed to compel him for more maintenance than he can afford to provide her.
In case there is a conflict regarding the issue of breast feeding the infant, then the husband can hire a wet nurse to do the needful.


Keep Me In Your Prayers.
Amel Soname
Amel_soname@yahoo.com

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