Divorce in Islam

DIVORCE IN ISLAM having any previous association with the matters under dispute, he will remain dispassionate and will be able to arrive at an objective decision acceptable to both parties. For any arbiter to be successful, however, the husband and wife must also adopt the correct attitude. Here is an incident from the period of the four pious Caliphs that will illustrate this point. When ‘Ali ibn Abi Talib reigned as the fourth Caliph, a married couple complaining of marital discord came to him to request a settlement. In the light of the Quranic guidance (4:35), ‘Ali ordered that a board of arbiters, one from the husband’s family and one from the wife’s family, be set up, which should make proper inquiries into the circumstances and then give its verdict. This verdict was to be accepted without argument by both sides. As recorded by the famous commentator, at-Tabari, in his commentary Jami’ al-Bayan, the woman said that she consented to the book of God, whether the verdict was for or against her. But the man protested that he would not accept the verdict if it were for separation. ‘Ali said, “What you say is improper. By God, you cannot move from here until you have shown your willingness to accept the verdict of the arbiters in the same spirit as the woman has shown.” (Tafsir al-Tabari, Vol. 8, p. 320-321) This makes it clear that a true believer should wholeheartedly accept the arbiters and their verdict by the Quranic injunctions. Once their verdict is given, there should be no further dispute.