Divorce in islam an introduction to the rights and. Divorce in islam can take a variety of forms, some initiated by the husband and some initiated. Muslim women, divorce and the shariah nuffield foundation. This act enables a muslim wife to seek divorce through court on the ground of. Imam malik condemns this kind of divorce, and says that it is irregular. Islamic divorce 3 divorces in one sitting are 3 not 1 with the consensus of all the sahabah, the four imams of sunni jurisprudence. Muslim marriage is a legal contract between the bride and the groom which is called nikah wherein both the parties live together. Divorce according to the five schools of islamic law. Essay on divorce among the muslims muslim marriage which is treated as a contract can be dissolved in the following ways. It is often claimed that the easy divorce procedure in islam results in the oppression among muslim wives, without realising the fact explained in a hadith by the prophet muhammad p. The quran recognizes the possibility of separation between a husband and a wife. Challenges and negative effects of divorce among muslim.
Marriage and divorce in islam ahmad bello dogarawa, ahmadu bello university, zaria page 1 of 28 1. The divorce of every husband is effective if he be of a sound understanding and of mature age. If he was determined to divorce her, then it counts as a divorce, but if he wrote that without the intention of divorce, rather he wanted to. Marriage, divorce and remarrige halala in islam by. We must state clearly that divorce in islam is the most abhorrent of all permitted things, and, as such, it must be resorted to only in extreme cases of necessity, and that too following certain. Furthermore, marriage is the only legitimate way to indulge in intimacy between a man and a woman except. In recent years, several muslim countries have instituted significant legisla tive reforms, especially with respect to marriage nikah or zawaj and divorce. Talaq ahsan or the most laudable divorce is where the husband repudiates his wife by making one pronouncement within the term of tahr purity. Divorce, also known as dissolution of marriage, is the process of terminating a marriage or marital union. Cheshire, the international validity of divorces 61 lq rev 352. Islam therefore, insists upon the subsistence of a marriage and prescribes.
Talaq is to be a last resort, after all other efforts of reconciliation. Marriage and divorce in islam ahmad bello dogarawa, ahmadu bello university, zaria page 2 of 28 high taqwaa or eemaan. In todays blog post we will discuss divorce, divorce advice, divorce lawyer, divorce mistakes, divorce myths, divorce in the islamic faith. Pdf a psychological perspective of divorce among muslim. Islam also regards marriage as a way to acquire spiritual perfection. In a society that prizes virginity, my value had fallen. Divorce talaq the right of divorce is given to the husband, unless stated otherwise in the marriage nikkah contract.
Divorce in islam an introduction to the rights and duties of. Marriage, divorce and remarrige halala in islam by zafar iqbal kalanauri marriage in islam the primary source of muhammadan law is the holy. According to, 4050 percent of all firsttime marriages will end in divorce. The concept of divorce under muslim law legal service india. God, the creator of humanity and of marriage itself, has laid out his plan for marriage as a. A slight discussion shall be made regarding the contemporary law in vogue.
Islam is the only religion which allows divorce, in fact there is a whole chapter in the quran named divorce, the current practices of divorce generally is far from the correct method ordained by. The rights and duties of women in the form of questions and answers. Islam from the very beginning recognised judicial as well as extrajudicial divorce. Certain steps need to be taken to ensure that all options have been exhausted and both parties are treated with respect and justice. Firm union of the husband and wife is a necessary condition for a happy family life. Divorce in islam introduction talaq is the word, used in islamic law for divorce.
Pdf islam highly discourages divorce and it is the most hateful thing in the sight of allah. At present under the muslim law there are the following distinct modes in which. Ill try to supply as much information in this big subject as our small page can allow. The pronouncement of three divorces in one breath is a common practice. It usually results from an aggressive behavior, mostly caused by a moment of rage, against the manner prescribed by the qur an and sunnah. Dear brother in islam, we commend your keenness on getting your self wellacquainted with islam and its teachings, which is the way allah has chosen for the welfare of his servants. Categories topics fiqh of the family divorce divorce unfollow follow. Islam tolerates divorce and separation of a husband and wife under specific conditions. In case you need more details, i refer you to a useful book fiqh assunnah. In fact the divorce rate in northern nigeria is high and this is scandalous.
Marriage, as prescribed by allah, is the lawful union of a man and a woman based on mutual consent. Muslim clients situations will vary greatly depending on what islamic school of thought hanafi, hanbali, maliki. Divorce in islam can take a variety of forms, some initiated by the husband and some initiated by the wife. During the iddah period, the husband can return her to the marriage by saying i now return you to my marriage, unless this was the 3 rd divorce. Essay on main causes of divorce 609 words bartleby.
Although not prohibited, divorce is strongly discouraged in islam and not acceptable by iranian culture, however, in recent years, divorce rate in iran has been increased. Talaq or divorce in islam steps to divorce in islam. The alarming explosion of divorce in our present times is a cause of great concern. Resultantly they perform their social responsibilities in a valid manner. Ideally, the purpose of marriage is to foster a state of tranquility, love and compassion in islam, but this is not always the case. Divorce as per the muslim law but without the intervention. The cause of divorce among men and women referred to. It is only in unavoidable circumstances that talaq is permitted in islam as a lawful method to bring marriage contract to an end. Islam, has always maintained that marriage is beneficial for us in many ways. Marriage and divorce a quranic perspective islamicity. Divorce may be perfectly allowable according to islam the prophets first wife was a divorcee, but that didnt stop the gossip. The theory and practice of divorce in the islamic world have varied according to time and place.
Divorce usually entails the canceling or reorganizing of the legal duties and. Divorce by the husband talaq unfortunately, divorce seldom proceeds smoothly. How can a muslim woman get a divorce from her husband. We reiterate again that a divorce declaration for absolutely any reason will be deemed and counted as a divorce in the sight of shariah law. Islam discourages divorce but, unlike some religions, does make provisions for divorce by either party. Published on books on islam and muslims home divorce according to the five schools of islamic law divorce according to the five schools of.
Allah provides general guidelines for the process of divorce with emphasis on both. Finally, it should be noted that if the husband said to his wife, you will be divorced, then if he intended the promise of divorce, then divorce does not take place please, refer to fatwas. A read is counted each time someone views a publication summary such as the title, abstract, and list of authors, clicks on a figure, or views or downloads the fulltext. Maulana ilyas dalal the islamic law of divorce is probably the most misunderstood branch of islamic law. However, fifty percent of these couples cannot seem to fulfill their marriage vows. Different muslim scholars can have slightly differing interpretations of divorce in islam. In the muslim world, legislation concerning divorce varies from country to country. Introduction marriage has been ordained by allah as the correct and legal way to produce. An introduction to islamic divorce and marriage contracts. Divorce is permitted in islam as a last resort if it is not possible to continue a marriage.
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