Divorce Issue In Islam

Regarding marital  frictions,  man's  hatred or displeasure against  his  wife not mean  that  he is free to mistreat  or abuse her,  In case of serious dispute  between the wife and husband, Islam has laid down very scientific steps to be followed.

The underlying objective is peace and reconciliation for the integration of the family.

In an Islamic state, civil courts also handle legal matters pertaining to marital problems. However, members of the community, particularly the parents and relatives, are duty-bound to help pacify the couple, before the friction becomes too serious to handle. Allah says:

“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.”[1]

Allah has enjoined on the believing men to treat their wives with kindness, as the following verse shows:

“O ye who believe! Ye are forbidden to inherit women against their will. Nor should ye treat them with harshness, that ye may take away part of the dower ye have given them - except where they have been guilty of open lewdness; on the contrary live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good.”[2]

The Our'an has a whole chapter entitled "Divorce"(At-Talaq).[3] Verse One of Chapter 65 (At-Talaq) states:

 “O Prophet!  When ye divorce women, divorce them at their prescribed  periods,  and  count  (accurately)  their prescribed  periods:   and f ear Allah your Lord: And tum them not out of   their houses,   nor shall they (themselves) leave, except In case they are guilty of open lewdness, those are limits set by Allah: and any who transgress the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.”[4]

In Islam, the wife is equally granted the right to divorce her husband if her demand for divorce is justifiable. That is, if the marriage does not prove to be functional and effective because the husband neglects his responsibilities or no element of love binds them to stay together.  By the same token, if the wife is guilty of open lewdness, the husband may resort to divorce. However, the Prophet's advice on the Issue of divorce should be borne in mind.  He says that "The lawful thing which God hates most is divorce...”[5]

However, when things seem worst that peace and reconciliation between wife and husband are next to impossible, divorce maybe inevitable. Allah says:

For those who take an oath for abstention from their wives, a waiting for four months is ordained; if they then return, Allah is Oft-Forgiving, Most Merciful.

But if their Intention is firm for divorce, Allah heareth and knoweth all things.

Divorced women shall wait concerning themselves for three months period.  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.  

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. 

There is no blame on either of them if she gives 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).

So   if  a husband  divorces  his  wife  (Irrevocably),  he cannot,  after  that, remarry   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 reunite, provided they feel that they can keep the limits ordained by Allah.  

Such  are the  limits  ordained  by Allah,  which  he makes plain  for  those  to  those  who understand.

When ye divorce women, and they fulfil the term of their ('Iddah),  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 anyone 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.

“When ye divorce women, and they fulfill the term of their ('Iddah), 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.”[6]

The Prophet Muhammad (peace be upon him) says:

"If any woman asks her husband for divorce without some strong reasons the odor of paradise will be forbidden to her.”[7]