Sunday, December 9, 2012

ISLAMIC LAW ON DIVORCE (VERSE 2:229)


Assalam oalaikum,

 In verse 2:229 of the Holy Quran, Allah (swt) says,

“Divorce is twice. Then either keep her in an acceptable manner or release (her) with good treatment. And it is not lawful for you to take anything of what you have given to them unless both fear that they will not be able to keep (within) the limits of Allah. But if you fear that they will not be able to keep (within), then there is no blame regarding which that she ransoms herself. These are the limits of Allah so do not transgress them. And whoever transgresses the limits of Allah it is those who are wrongdoers”.

According to this Islamic ruling, there are only two (utterances of) divorce after which the husband can still reunite with his wife, i.e. after the first time he pronounces divorce to his wife and after the second time he pronounces divorce to his wife. After the third time that the husband utters divorce to his wife, he loses the right of a reunion with her, i.e. after pronouncing divorce for the third time there are no chances left for the husband of reuniting with his wife.

The Islamic law mentioned in verse 2:230 of the Holy Quran has abolished an evil practice which was prevalent during the Jahilliyah period. During those days, there were no specific time limits relating to the matters of divorce and reconciliation, which proved to be quite tormenting for the womenfolk. The men kept on thoughtlessly divorcing and then reuniting with their wives, thereby neither giving them a decent, married life nor setting them free to marry elsewhere. Allah (swt) put an end to this atrocity towards the womenfolk and He also provided the men with some time to reconsider his decision, after giving two divorces. Otherwise, if the Islamic law had made the divorce valid after the first time that the husband uttered divorced to wife, this would have lead to umpteen social problems and complications. Therefore, Allah (swt) has not mentioned about ‘two divorces’ but instead He has mentioned ‘divorce given at two times’. This gives us a hint that giving divorce two or three time simultaneously is against the Command of Allah (swt). The wisdom behind this Quranic injunction is that, if by chance, a man has pronounced divorce in haste, out of anger or thoughtlessly, then he can get a chance to revise his decision.
After uttering divorce for the third time, it is not lawful for the husband to take back the dower that he had given to his wife at the time of their marriage. Prophet Mohammad (saw) has compared the shameful act of asking back for the dower to a dog that licks up his own vomit.
The verse 2:230 mentions about Khula, i.e. a woman can herself express her wish to part ways with her husband. In such a case, the husband can take the dower back from her. If a husband does not accept his wife’s decision then the Shariah court can order him to divorce his wife. If he still disagrees, then the court itself will dissolve the marriage. Though the women have been granted the right to demand a khula, but they have also been strictly ordered not to contemplate separation from her husband without a substantial reason. If a woman tries to demand a khula on flimsy grounds then the Prophet (saw) has warned that such women will not be able to smell the fragrance of Heaven.      

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

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