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Divorce in Islam

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• Imam Abdulai, the Author
• Imam Abdulai, the Author

In another instance, the Prophet (PBUH) recommended arbitration and family intervention in cases of marital disputes.

“If you fear dissension between the two, send an arbitrator from his family and an arbitrator from her family. If they both desire reconciliation, Allah will cause it between them” (Qur’an 4:35).

This Quranic text emphasises the importance of seeking reconciliation through family and community support.

Conditions and Rules of Divorce in Islam

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Islam sets forth conditions and rules to ensure that divorce is handled respon­sibly:

Clear Intention: The decision to di­vorce must be made with a clear mind and sincere intention, free from anger or impulsivity.

The Waiting Period (Iddah): After pronouncing divorce, the wife must ob­serve an iddah period, during which the husband can take her back if both agree. The iddah period is three menstrual cy­cles for a non-pregnant woman or until childbirth if she is pregnant.

Revocable and Irrevocable Divorce:

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Revocable Divorce (Talaq-e-Raj’i): The husband can take back his wife with­in the iddah period if reconciliation is achieved.

Irrevocable Divorce (Talaq-e-Ba’in): After the third talaq, the divorce is final, and reconciliation is only possible through a new marriage contract if both agree.

Respect and Dignity: Islam commands respect and fairness during divorce proceedings, ensuring that both parties maintain dignity. Allah (SWT) advises:

“And live with them in kindness. For if you dislike them—perhaps you dislike a thing and Allah makes therein much good” (Qur’an 4:19).

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This verse encourages respect, even if differences arise.

Rights to Seek Divorce by the Husband or Wife

Islam grants both spouses the right to seek divorce, although their procedures differ.

Rights of the Husband (Talaq): A husband has the right to initiate talaq, following Islamic procedures. He must observe fairness, fulfill his wife’s rights, and provide any outstanding mahr or iddah maintenance.

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Rights of the Wife (Khula): A wife can seek divorce through khula, which involves returning part or all of her mahr to end the marriage. The Prophet (PBUH) permitted khula for the wife of Thabit ibn Qays (RA) when she requested separation.

“Then if you fear that they will not be able to keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ran­soms herself” (Qur’an 2:229).

Reasons for a divorce by both parties

In order to divorce a wife, a husband may not necessarily have to give a rea­son. However, in the case of a woman, she may initiate a Khula (Separation) for three reasons; her husband’s in ability to consummate the marriage, his failure to provide for her upkeep, and if the wom­an was married as a child or without her consent she can repudiate her husband when she reaches puberty (Mucai-Kat­tambo et al. 1995). In addition a woman can apply for a khula if she persistently faces domestic violent.

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Divorce Under Legal Regimes: The Mohammedan Ordinance CAP 129

In Ghana, the Mohammedan Ordinance CAP 129 regulates Islamic marriages and divorces. It provides a formal legal framework for Muslims to marry, di­vorce, and remarry in line with Sharia principles. This ensures that divorce proceedings, rights, and responsibili­ties are recognized by law, protecting both parties’ rights according to Islamic teachings.

Remedies for a Wrongful Divorce

Reconciliation: Islam encourages rec­onciliation if a divorce was issued hast­ily. The Prophet (PBUH) often advised families to mediate, promoting forgive­ness and mutual understanding.

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Financial and Social Support: If a husband neglects his wife’s rights upon divorce, she can claim compensation, unpaid mahr, and iddah maintenance. Islam emphasises justice and fairness for divorced women to ensure they are not left destitute.

Community Support: The Muslim com­munity is encouraged to provide support for divorced individuals, allowing them to reintegrate with dignity and support, upholding Islamic principles of compas­sion.

EFFECTS OF DIVORCE ON CHILDREN

One significant concern is the impact of divorce on children. Patel et al. (2008) in “The Harm of Talaq” note that children from broken homes face higher risks of emotional distress, academic challenges, and social instability. Par­ents must consider these effects when making decisions, ensuring the wellbeing of their children.

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More precisely, children from broken homes are more likely to have poorer health; to do worse in madrassas and schools; less likely to attend the massa­jid; become hufaz and Islamic scholars; more likely to commit crime, to smoke and take drugs; to be unemployed and to die earlier than children who live with married parents. By divorcing par­ents have let loose a vicious cycle. Their children are more likely to repeat the cycle of unstable parenting which they had experienced and suffered (Patel et al., 2008).

In conclusion, divorce in Islam is a compassionate solution, regulated to ensure justice and respect. While it is permitted, it is only to be used as a last resort, with the utmost care and fairness. Islam emphasizes kindness, patience, and thoughtful reconciliation to resolve marital issues before resorting to divorce.

May Allah (SWT) guide us to act with wisdom and justice in our relationships and protect our families with love and mercy. Ameen.

References:

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• Qur’an, Surah Al-Baqarah (2:229, 2:230, 2:231, 2:232, 2:236, 2:237), Surah An-Nisa (4:19, 4:35), Surah At-Talaq (65:4)

• Hadith from Sunan Abu Dawud (2178), Sahih Bukhari, Sahih Muslim

• Mohammedan Ordinance CAP 129

• Patel, A. A. et al., 2008), Blessings of Marriage (Harm of Talaq {Divorce), Page 278.

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 By Imam Alhaji Saeed Abdulai – 1BN Michel Camp, Tema

Features

… Steps to handle conflict at work-Part 1

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Conflict at work is more common than you might think. According to 2022 research by The Myers-Briggs Company, more than a third of the workforce reports dealing with conflict often, very often, or all the time in the workplace. The same report found that managers spend an average of four hours per week dealing with conflict, and nearly 25 per cent of people think their managers handle conflict poorly or very poorly.

Addressing a dispute might feel tense or awkward, but resolving the conflict is typically well worth it in the long run. Whether you’re trying to mediate conflict between colleagues or are directly involved, here are seven steps you can take to manage workplace conflict.

1. Don’t put it off

Facing conflict head-on is hard. However, waiting too long to address it can negatively impact your emotional well-being, focus, and the entire office environment. If you’re feeling angry, letting that emotion fester can also escalate it over time. This can make you less responsive to other points of view and make it harder to resolve the issue.

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The sooner you can address the conflict, the better it will be for you, the person you disagree with, and your entire team.

2. Learn all you can about the problem

It’s important to determine the type of conflict you’re dealing with. Begin by considering the cause of the conflict. For example, ask yourself whether someone said something that upset you or if you have emotions of anger and resentment that stemmed from something that happened.

Then try to identify if it’s a task, relationship, value, or team conflict. Once you know what type of conflict it is, you can work to resolve it with specific tactics for that situation.

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If you skip this step, you may waste time or escalate the situation further by trying to address issues irrelevant to the real conflict.

3. Actively listen

Listen attentively when people share their side of the story. Active listening is one of the most valuable professional skills you can possess. This type of listening involves not only hearing what the other person is saying but also listening to understand their point of view.

No matter your role in conflict, it’s easy to begin sharing your opinion with little regard for the other people involved. However, it’s important to learn about all sides of a disagreement to make well-informed decisions before drawing conclusions.

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To reach a resolution, you must step back and prioritize listening over talking. Ultimately, that will encourage the other person to do the same when it’s your turn to speak. –source: betterup.com

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Features

Temple Of Praise (TOP) Church in Finland

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Elder Matthew Anini Twumasi

Today, I focus on the Temple Of Praise Ministries International (TOP Church) in Helsinki, as I continue my description of personalities or institutions and their accomplishments as members of the Ghanaian Diaspora in Finland.

The TOP Church in Finland has seen significant strides and accomplishments that must be made known to the public. 

Some history

The Church was established in Finland in September 2016. Since its inception, it has steadily grown both spiritually and numerically, by the grace of God, as disclosed to me by Mr Matthew Anini Twumasi, the Presiding Elder of TOP’s branch in Finland. The TOP Church has other branches across Africa, Europe, and America.

The Church in Finland was founded with a vision to create a welcoming and dynamic community where people could experience God’s love and grace (see, www.topchurchfinland.org). According to Presiding Elder Matthew, the TOP Church operates within a unique environment where Christianity coexists with what is seen as a largely secular society.

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Despite this, he submits, there are significant opportunities for outreach, unity, and demonstrating the love of Christ through service and community engagement.

Activities

Church services at the TOP Church are typically held on Sundays for the main worship. In addition, there are mid-week prayer sessions, Saturday prayer services, and a half-night service held on the last Friday of every month. “We also organise quarterly programs”, Elder Matthew added.

His impression of the Church so far has been positive. “It is a vibrant and welcoming community where members are committed to worship, fellowship, and supporting one another in faith”, he stated.

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In sum, Elder Matthew said the Church continues to grow by God’s grace. “We remain hopeful and committed to spreading the Gospel, strengthening the faith of our members, and making a positive impact in society”, he continued.

Achievements

The TOP Church has a number of achievements and achievements. Some of the strengths include strong community bonds, cultural diversity, and deep commitment to spiritual growth.

I also remember that during the COVID-19 period, I heard that the TOP Church was one such bodies that hugely supported its members and others to cope with the situation.

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According to Elder Matthew, the challenges facing the church include “adapting to cultural differences, engaging the younger generation, expanding outreach in a secular society, and securing a permanent place of worship”.

Role in the Ghanaian community in Finland

The TOP Church plays a prominent role as a religious group that serves Ghanaian migrants and others in the Finnish society.

Thus, the TOP Church is a religious body for Ghanaian migrants in Finland and other nationalities who want to worship with them for diversity and better intercultural and multicultural understanding.

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The Church also has mechanisms in place to support its members who are bereaved as a way to commiserate with them in times of death and funerals.

The Ghanaian community has played a vital role in the growth of the Church. Their strong sense of fellowship, dedication to worship, and active participation have helped build a solid foundation and attract others to the ministry, according to Elder Matthew.

Integration

By its activities, the TOP Church is helping to ensure integration of its members well into the Finish society.

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This is important since social interaction and citizens’ well-being are an important part of the integration process.

The role of migrant associations and groups such as TOP Church acting as bridge-builders for the integration and inclusion of migrants through participation in the decision making process and by acting as a representative voice is highly appreciated in Finland. Thank you!

GHANA MATTERS column appears fortnightly. Written in simple, layman’s terms, it concentrates on matters about Ghana and beyond. It focuses on everyday life issues relating to the social, cultural, economic, religious, political, health, sports, youth, gender, etc. It strives to remind us all that Ghana comes first. The column also takes a candid look at the meanings and repercussions of our actions, especially those things we take for granted or even ignore. There are key Ghanaian values we should uphold rather than disregard with impunity. We should not overlook the obvious. We need to search for the hidden or deeply embedded values and try to project them.

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With Dr Perpetual Crentsil

perpetual.crentsil@yahoo.com

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