Sunday, December 9, 2012

ISLAMIC LAW ON DOWER AT THE TIME OF DIVORCE (VERSE 2:236)


Assalam oalaikum,

 In verse 2:236 of the Holy Quran, Allah (swt) says,
“There is no blame upon you if you divorce women whom you have not touched and have not specified an obligation. But give them a (gift of)- the rich according to his capability and the poor according to his capability- a provision according to what is acceptable, a duty upon the doers of good”

The Islamic law mentioned in this verse is related to those women whose dower has not been fixed at the time of their marriage and their marriage has not been consummated. According to this verse, a man will not be at fault if he divorces his wife before sexual intercourse with her and before the fixing of the dower. However, the husband is expected to compensate the wife adequately with gifts at the time of the divorce. This should be done in a respectful manner and according to one’s financial capacity. The wealthy man should offer gifts in compensation according to his status whereas the poor man can offer some gifts according to his financial condition. Shariah has not fixed any specific amount which should be offered as compensation. It depends upon how much the husband can afford to offer.
It is also the duty of the husband to reduce the bitterness which prevails at the time of divorce. He should make efforts to alleviate the tensions surrounding the divorced women by compensating her with gifts, by reassuring her about her future and by comforting her. Unfortunately in the present Muslim society, the divorced woman is not departed with compensation, respect and support. Instead, she is discarded in a harsh manner and is looked down upon by the society. Moreover, due to this kind of apathy towards the divorced woman, an ugly situation crops up in between the two families and their relationship/ties get severed. These practices are totally against the Islamic rulings. Islam has laid down the rule, in verse 2:236, of providing the divorced woman with comfort and respect.

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

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