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