RULES OF SHARIAH GOVERNING MARRIAGE AND DIVORCE - Part 5
But from time to time it does happen that all efforts at reconciliation fail and the spouses start feeling that rather than benefitting from the desired results of the Nikah relationship, continuing to stay together is becoming a mutual punishment. Under such circumstances, terminating the marital relationships sometimes seems appears a more realistic way of regaining peace and harmony, rather than continuing to stay together. Therefore, the Shariah, taking human nature into account, has not declared the marriage to be an unbreakable bond no matter what the circumstances. It has laid down a framework of specific rules governing divorce and the dissolution of marriage.
The right of divorce has been given to men. However, women too were not totally deprived of this right and have not been left totally at the cruel mercy of their husbands. They have been given the right to take their case to court presided by a judge who qualifies as such under the rules of Shariah, prove her case, and get her marriage annulled or get a divorce.
And even though Allah Ta'alah has given husbands the right of divorce, but has also declared that the use of this choice was very much disapproved of by Allah Ta'alah. It was permitted to be used only in situations when it had become unavoidable. The Holy Prophet ﷺ has said, "Divorce is the most detested of lawful things with Allah."
The second restriction placed on the use of this choice is that it should not be used when one is under the influence of extreme anger or momentary displeasure.
But from time to time it does happen that all efforts at reconciliation fail and the spouses start feeling that rather than benefitting from the desired results of the Nikah relationship, continuing to stay together is becoming a mutual punishment. Under such circumstances, terminating the marital relationships sometimes seems appears a more realistic way of regaining peace and harmony, rather than continuing to stay together. Therefore, the Shariah, taking human nature into account, has not declared the marriage to be an unbreakable bond no matter what the circumstances. It has laid down a framework of specific rules governing divorce and the dissolution of marriage.
The right of divorce has been given to men. However, women too were not totally deprived of this right and have not been left totally at the cruel mercy of their husbands. They have been given the right to take their case to court presided by a judge who qualifies as such under the rules of Shariah, prove her case, and get her marriage annulled or get a divorce.
And even though Allah Ta'alah has given husbands the right of divorce, but has also declared that the use of this choice was very much disapproved of by Allah Ta'alah. It was permitted to be used only in situations when it had become unavoidable. The Holy Prophet ﷺ has said, "Divorce is the most detested of lawful things with Allah."
The second restriction placed on the use of this choice is that it should not be used when one is under the influence of extreme anger or momentary displeasure.
Continued...
From Ma'ariful Quran, Interpretation of Surah al-Baqarah, by Mufti Muhammad Shafi RE
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