Features
Divorce in Islam

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
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:
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).
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.
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.
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.
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.
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:
• 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.
By Imam Alhaji Saeed Abdulai – 1BN Michel Camp, Tema
Features
Traffic jam on Weija-Kasoa highway
I experienced something on Monday, June 15, that really frustrated me. I had to go to the ministries but I could not get up early that day so I decided to pick a taxi and get to the Tuba Junction.
When I got there I realised that Traffic had built up from the Toll Booth towards Accra. After a while I got a Taxi and it was when we got to a certain spot on the road, that I realised why there was a traffic jam.
There is a short stretch of the road where each time it rains heavily, loose material run down the hill onto the road, blocking one side of the road. Vehicles from Kasoa to Accra are then forced to move into one of the lanes of those going towards Kasoa from Accra.
The two lane road from Accra to Kasoa becomes a single carriage way. That was the reason for the traffic jam from the toll booth onwards.
This has been a perineal problem and yet, no permanent solution has been found till date. The area falls under Ga South and even though, a new MCE has taken over, the technocrats are still there and so the problem is not new to them.
There is therefore no excuse for the inability of the Ga South Metropolitan Assembly to resolving the problem on that stretch of the road. Apart from the Ga South Metropolitan Assembly, another institution that must be held accountable is the Ghana Highways Authority.
The Highways Authority cannot say they are unaware of this issue. The fact that the problem falls within the area of responsibility of the Ga South Assembly, does not relieve the Ghana Highways Authority, of their responsibility of ensuring that our highways are maintained in a motorable state at all times.
A collaboration between the Ghana Highways Authority and The Ga South Municipal Assembly is required for a permanent resolution of the problem.
There was another traffic jam at a place called Atala about 250 metres to the traffic light at Old Barrier as a result of an issue similar to the one close to the toll booth, that I talked about earlier.
When we got to Weija junction, we encountered another traffic jam. The cause of this jam was a bad condition of road about 80 metres from the traffic light at Ga South Hospital heading towards Accra.
Due to the bad nature at that section of the road, vehicles are compelled to slow down resulting in a traffic jam stretching all the way to Weija Junction.
I started wondering if that short stretch of road cannot be sorted on one Sunday when traffic is usually light. When we got to the traffic light at Odorkor, there was another issue.
When the traffic light shows green, there is a slow down because there is a big pothole or should I say manhole in the outer lane, right at the traffic light. Vehicles in the outer lane are compelled to swerve into the second lane thereby causing a traffic to slow down and resulting in a traffic jam.
It is very important to take into account the effect of traffic jam on the national economy. If we are able to assess the value of the loss to the economy of the nation, I believe the issue of traffic jam will be prioritised.
Imagine persons working at various Government Organisations like Registrar General’s Department, Ghana Ports and Habours Authority, Ghana Revenue Authority, CEPS etc. and lives at Kasoa and whose job is to collect revenue for the state and is held up in traffic.
Just imagine the effect their lateness to work will have on the economy if you consider the delays in say clearing of goods at the port and as a result traders cannot sell their goods for government to generate the required taxes.
Let us deal with the traffic jams on our streets to promote economic growth. God bless.
By Laud Kissi-Mensah
Features
Understanding mortality: Exploring the complexities of human existence
Mortality is an inherent aspect of life, a universal experience that has sparked philosophical, theological, and scientific inquiry throughout human history.
This article aims to provide a comprehensive and nuanced exploration of mortality, acknowledging the complexity of the topic and the diverse perspectives surrounding it.
The biological imperative
From a biological standpoint, death is a natural part of the life cycle. It serves as a mechanism for the evolution of species, allowing for the passing on of genetic material and the adaptation to environmental changes.
Evolutionary perspective: Death allows for the recycling of resources, promoting the survival and adaptation of species.
Life span and senescence: Cellular aging and the limitations of biological systems contribute to mortality.
Philosophical and existential perspectives
Existentialism: Emphasises individual freedom and responsibility in the face of mortality.
Meaning and purpose: The finite nature of life can prompt individuals to seek meaning and purpose.
The human condition: Mortality is a fundamental aspect of the human experience, shaping our perceptions and values.
Cultural and spiritual views
Afterlife and spirituality: Many cultures and religions believe in an afterlife or spiritual continuation.
Rituals and mourning: Cultural practices surrounding death reflect the significance of mortality in human experience.
Legacy and remembrance: The impact of one’s life can transcend mortality.
Ethical considerations
End-of-life care: Ethical debates surround issues like euthanasia, assisted dying, and palliative care.
Quality of life: Balancing the value of life with the quality of life is a complex ethical issue.
Resource allocation: Societal decisions about healthcare and resource distribution involve considerations of mortality.
Psychological impact
Grief and loss: The experience of mortality can evoke profound emotional responses.
Fear and anxiety: The awareness of mortality can lead to existential anxiety.
Appreciation and gratitude: Recognising mortality can foster appreciation for life.
Conclusion
Mortality is a multifaceted aspect of human existence, influencing how we live, relate, and find meaning. Understanding and acknowledging mortality can prompt deeper reflections on life and our place in the world.
By Robert Ekow Grimmond-Thompson
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