ISLAMIC APPROACH TO DIVORCE

a consensus among Muslim scholars that this provision in no way a means of lifelong maintenance, there being absolutely no basis for this in the divine scriptures. The concept of maintenance for life is, in fact, a product of modern civilization. It was never at any time enshrined in divine laws, either in Islam, Judaism or Christianity. In material terms, ‘provision’ simply takes the form of a gift handed over by the man on parting, so that the woman’s immediate needs may be catered for, and in all cases, this is to be commensurate with his means. But the Quran makes it explicit that the parting must above all be humane, and that justice must be done: “Make fair provision for them, the affluent according to his means and the straitened according to his means; this is binding on righteous men.” (2: 236) If divorce takes place before the settling of the dower (a sum of money which the groom hands over to the bride at the time of marriage, which is a token of his willing acceptance of the responsibility of bearing all necessary expenses of his wife) and the consummation of the marriage, even then the man must give the woman money or goods as a gesture of goodwill. The Quran is also quite explicit on this: “Believers, if you marry believing women, and divorce them before the marriage is consummated, you are not required to observe a waiting period: make provision for them and release them in an honourable way.” (33: 49) This “waiting period” actually applies to a woman who has been married for some time and who may, subsequent to the divorce, discover that she is pregnant. This statutory waiting period of three months makes her position clear, and then the man is required to pay her additional compensation if she is expecting his child. But again, there is no question of maintenance for life, for the Quran seeks a natural solution to all human problems. It would, therefore, be wholly against the spirit of the Quran for a woman to be entitled to lifelong maintenance from the very man with whom she could not coexist. Such a ruling will surely create a negative mentality in society. The Quran again has the answer: “If they decide to separate, God will compensate both out of His own abundance: God is bountiful and wise.” (4: 130). The munificence of God refers to the vast provision which God has made for His servants in this world. The concept of maintenance for life is, in fact, a product of modern civilization. It was never at any time enshrined in divine laws, either in Islam, Judaism or Christianity.