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DIVORCE
By Layth (e-mail:
laytth@hotmail.com)
You are Divorced! Divorced! Divorced!
These have become the most dreaded three
words that any Muslim woman can hear in her lifetime, for
they signify not only the end of her marriage, but a hard
and difficult road ahead where she has to re-build her entire
life when the only foundation she has spent years building
has just fallen away.
Can it really be so simple!
Can years of building, sharing and loving
be shattered beyond repair by the mere utterance of words?.
Is it that God's system which rules our lives
and the universe fails us at this moment we need it most and
leave a wife without a marriage and leaves children without
a family?.
Surely this cannot be the way of the Quran
from which only happiness and justice can be wrought?
Let us take a look together and examine this
important, yet ignored topic from God's divine inspiration,
The Quran.
Divorce
Procedures
“For those who wish to end the marriage with their wives, they
must wait for four months. But if they retract, then God is
Forgiving, Most Merciful.” (Quran 2:226)
“And if they insist on the divorce, then God is Hearer,
Knowledgeable.” (Quran 2:227)
“And the divorced women shall hold themselves for three
menstruation periods; and it is not lawful for them to conceal
what God has created in their wombs, if they believe in God
and the Last Day. And their husbands would then have just
cause to return together, if they both wish to reconcile. And
for what obligations the women are owed, so similarly must
they fulfil their obligations. But the men will have a greater
responsibility over them in this. And God is Noble, Wise.” (Quran
2:228)
“The divorce is allowed twice. So, either they reconcile
equitably, or they part-ways with kindness. And it is not
lawful for you to take back anything you have given the women
unless you fear that they will not uphold God’s limits. So if
you fear that they will not uphold God’s limits, then there is
no sin upon them for what is given back. These are God’s
limits so do not transgress them. And whoever shall transgress
God’s limits, then these are the wicked.” (Quran 2:229)
“So if he still divorces her again, then she will not be lawful for
him until she has married another husband. If the other
husband divorces her, then there is no sin that they come back
together if they think they will uphold God’s limits. These
are God’s limits, He clarifies them for a people that know.” (Quran
2:230)
“And if you have divorced the women, and they have reached
their required interim period, then either you reconcile with
them equitably, or part-ways equitably. And do not reconcile
with them so you can harm them out of animosity; whoever does
so is doing wickedness to his soul; and do not take God’s
revelations lightly. And remember God’s blessings towards you,
and what was sent down to you of the Scripture and the wisdom,
He warns you with it. And be aware of God and know that God is
Knowledgeable in all things.” (Quran 2:231)
“And if you divorce the women, and they have reached their
required interim period, then do not prevent them from
remarrying their husbands if they amicably agree amongst
themselves out of what is best. This is to remind any of you
who believe in God and the Last Day, this is better for you
and purer; and God knows while you do not know.” (Quran 2:232)
“O you who believe, if you marry the believing women, then
divorced them before having intercourse with them, then there
is no interim required of them. You shall compensate them, and
let them go in an amicable manner.” (Quran 33:49)
“O you prophet, if any of you have divorced the women, then
they should be divorced while ensuring that their required
interim is fulfilled, and keep count of the interim. You shall
reverence God your Lord, and do not evict the women from their
homes, nor should they leave, unless they have committed a
proven adultery. And these are God's limits. And anyone who
transgresses God's limits has wronged his soul. You never
know; perhaps God will make something come out of this.” (Quran
65:1)
“Then, once the interim is fulfilled, either you reconcile
with them equitably, or part-ways equitably and have it
witnessed by two just people from among you; and give the
testimony for God. This is to enlighten those who believe in
God and the Last Day. And whosoever reverences God, He will
create a solution for him.” (Quran 65:2)
“And He will provide for him whence he never expected. Anyone
who puts his trust in God, then He suffices him. God's
commands will be done. God has decreed for everything its
fate.” (Quran 65:3)
“As for the women who have reached menopause, if you have any
doubts, their interim shall be three months. And as for those
whose menstruation has ceased, and those who are already
pregnant, their interim is until they give birth. And anyone
who reverences God, He makes his matters easy for him.” (Quran
65:4)
“This is God's command that He sends down to you. And anyone
who is aware of God, He remits his sins, and will improve his
reward.” (Quran 65:5)
“You shall let them reside in the home you were in when you
were together, and do not coerce them to make them leave. And
if they are pregnant, you shall spend on them until they give
birth. Then, if they nurse the infant, you shall pay them
their due for such. And you shall maintain the amicable
relations between you. If you disagree, then another woman may
nurse the child.” (Quran 65:6)
A Summary Of The Rules For Divorce:
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A
‘cooling-off’ period of four months is required before
commencing a divorce. (Quran 2:226)
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If they still
insist on divorce, then the wife and husband must remain
together in the same home during the ‘interim-period.’ (Quran
65:1)
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If the couple
reconcile, then divorce may be retracted and cancelled at
any point during the interim period. (Quran 2:229)
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The divorce is
automatically retracted if sexual intercourse takes place
between the husband and wife during the interim period. (Quran
65:1)
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The interim
period required is three menstruation periods. The interim
for women who no longer menstruate is three months. The
interim for pregnant women is until they deliver (Quran
2:228, 65:4)
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There is no
interim period required if the divorce takes place while no
sexual intercourse has ever taken place between the couple.
(Quran 33:49)
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If the couple
still wishes to follow through with the divorce after the
end of the interim period, then two witnesses are required
to complete the process. (Quran 65:2)
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If this is the
3rd divorce, then the couple may not remarry each other
unless the woman has been married to another man and then
divorced. (Quran 2:230)
Final Rule (Do NOT Play with GOD's SYSTEM):
"And if you divorce the women, once
they fulfill their interim, you must reconcile with them equitably,
or go through with the separation equitably. DO NOT reconcile
with them to hurt them. And whosoever does this has wronged
himself. DO NOT take GOD's revelations in vain. Remember GOD's
blessings upon you, and that He sent down to you the scripture
and wisdom to enlighten you. You shall observe GOD, and know
that GOD is aware of all things." (2/231)
Tips from the Quran:
In helping a couple to stay together to promote
strong family bonds, the Quran gives a few suggestions for
those who wish to take heed.
Tip# 1 (Anticipate Events):
"If a woman fears separation or desertion
from her husband, the couple shall try to reconcile their
differences, for conciliation is best for them. Selfishness
is a human trait, and if you do good and lead a righteous
life, GOD is fully Cognizant of everything you do." (4/128)
A couple must do what is in their power to
stop problems from getting out of hand. To do this there must
be sacrifice and a lack of selfishness on behalf of both parties.
Tip# 2 (Try Various Methods BEFORE Divorce):
"The men are made responsible for the
women by what GOD has preferred them over each other and for
what they have spent of their monies. The righteous women
will accept this arrangement, since it is GOD's commandment,
and honor their husbands during their absence. And for those
whom you fear separation, you shall: 1) try and talk to them,
2) abstain from the bed room, 3) separate from them. If they
obey you, you are not permitted to transgress against them.
GOD is Most High, Supreme." (4/34)
Tip # 3 (Involve the Family):
"If you still fear a separation between
them, you shall appoint an arbitrator from his family and
an arbitrator from her family; if they wish to reconcile,
GOD will help them. GOD is Omniscient, Cognizant." (4/35)
Tip # 4 (Do NOT Let People Give You Bad
Advise):
"And if you divorce the women, once
they fulfill their interim, do not advise them against remarrying
their husbands if they have reconciled amicably. This shall
be heeded by those among you who believe in GOD and the Last
Day. This is purer for you, and more righteous. GOD knows,
while you do not know." (2/232)
How many a home have been destroyed and a
family separated because people decided to ignore GOD's perfect
system and let the words of men, scholars, and other innovators
divert them from the only true path.
Stay with GOD, for that is where happiness
lies.
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