Spirit of Islam · DIVORCE IN ISLAMIC LAW — Disliked, But Permitted

DIVORCE IN ISLAMIC LAW — Disliked, But Permitted

Spirit of Islam, Apr 2014, p. 38

By Maulana Wahiduddin Khan

Maulana Wahiduddin Khan is named as the default author of the periodical; a piece that carries another writer’s byline is credited to that writer.

DIVORCE IN ISLAMIC LAW Disliked, but Permitted I SLAM allows for only one sort of physical relationship between men and women, and that is in the form of marriage which is announced and publicly known. It is but inevitable that differences will arise between the spouses. According to Islam, the way out is not by seeking to wipe out these differences but, rather, to accept them, or to seek to reconcile them or for the spouses to continue to live together despite their differences. Yet, it sometimes happens that the spouses are unable to properly manage their differences and so decide to go in for a divorce. Divorce has been accepted in Islam as something that can be resorted to in extreme circumstances. At the same time, Islam frowns upon divorce. According to a Hadith, although divorce is permissible, God does not like it. Islam allows for only one sort of physical relationship between men and women, and that is in the form of marriage which is announced and publicly known. Very often, divorce is resorted to in anger, and this is why Islam has devised a method to control it. The Quran says that a man can give two revocable utterances of divorce, after which he can retain his wife and stay together on equitable terms or else leave her in kindness (THE QURAN 2: 229). This is the prescribed method of divorce as laid down in the Quran. Accordingly, a man who intends to divorce his wife should issue the first utterance of divorce in the first month, and the second utterance in the next month. After this, he can revoke his divorce pronouncement if he wants. But in the third month, if he issues the third utterance of divorce, it is irrevocable and the two can no longer be considered husband and wife. This method of divorce over a period of three months was devised so that if the husband, in a fit of anger, wants to divorce his wife but later, when his temper cools down, changes his mind and wants to carry on with the marriage, he can do so. If his utterance of divorce is not out of anger, but is a planned step where all possible means of reconciliation have proved futile, and with all sincereity thinks that divorce is the only option left, then he has to wait till the third month in order for it to

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