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Divorce in Islam

Mirza
Posts: 16,992
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5/3/2010 10:37:56 AM
Posted: 6 years ago
From time to time I decide to clear some common misconceptions about Islam. This thread is a simple explanation on laws of divorce in the religion of Islam. I assume that most people who do not know much about marriage and divorce in Islam believe that a woman is not allowed to divorce a man, and sometimes as far as that she cannot do it, even though the man mistreats her. This needs to be explained, and I hope that I will do it efficiently in this thread.

Divorce in Islam falls under five categories:

Category 1: Mutual consent
The first category is that a divorce can take place with the consent of both spouses. If they both agree that divorce is a good decision, then they can agree to divorce each other.

Category 2: Husband can divorce
This one is well known, and it basically means that a husband can divorce his wife when he wants to. There is not a specific category assigned for women the same way, but the next one explains it detailed.

Category 3: Agreement in marriage contract that the wife can divorce
A marriage contract in Islam is an agreement between the spouses as to what they can do, not do, and so forth. It does not apply to obligatory things, such as paying zakat, since it is something obligatory and no agreement can invalidate the obligation. However, something that is an option but not obligation can be agreed to be forbidden in the marriage. For example, a man is allowed to have four wives if he can treat them justly (he can never do it completely, but as much as he can). However, since this is an option and not obligation for the man, the wife can say in the marriage contract that she does not want him to take another wife, so when they are married, and this rule has been agreed upon, then the husband is not allowed to take another wife. In the same manner, if the ruling that the wife should also be able to give divorce like the husband is applied to the marriage contract, then it is as if category two applied to the wife, too.

Category 4: Wife asking for divorce
If the wife did not make a rule in the marriage contract for permission to give divorce, then she can request a divorce by the husband in case she just does not want to be with him anymore. If he mistreats her, then she can follow category five.

Category 5: Wife can go to the judge
If the above is not possible for the woman, and she is being mistreated by the husband, such as her rights being taken away, or he does not spend and share his wealth, then she can go to a judge and ask him to nullify the marriage.

- - -

The basic thing is that a man is allowed to divorce as a standard because if they divorce, the wife gets taken care of socially, and so forth, and the husband is on his own, and he is the one that is suffering more in this case. Also if he wants to live with his children, but the best thing for them is to be with the mother, then he is still the one that suffers most. However, if a woman still wishes to remain on the safe side and be able to give divorce, then there is a marriage contract for that.

I hope this clears the common misconception about divorce in Islam.
Reasoning
Posts: 4,456
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5/3/2010 10:54:40 AM
Posted: 6 years ago
Good post, Mirza.
"What we really ought to ask the liberal, before we even begin addressing his agenda, is this: In what kind of society would he be a conservative?" - Joseph Sobran
Vi_Veri
Posts: 4,487
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5/3/2010 11:07:55 AM
Posted: 6 years ago
Christianity is very anti-divorce for both husbands and wives.

"But I tell you that anyone who divorces his wife, except for marital unfaithfulness, causes her to become adulteress, and anyone who marries the divorced woman commits adultery" (Matthew 5:32)

Judaism is not anti-divorce for the husband, but wives can not initiate divorce.

"A bad wife brings humiliation, downcast looks, and a wounded heart. Slack of hand and weak of knee is the man whose wife fails to make him happy. Woman is the origin of sin, and it is through her that we all die. Do not leave a leaky cistern to drip or allow a bad wife to say what she likes. If she does not accept your control, divorce her and send her away" (Ecclesiasticus 25:25).

Islam takes a middle ground. The husband is able to divorce the wife, and the wife is able to leave the husband through a Khula' or Muslim court appeal. If the husband leaves the wife, he has to give her everything she gave him; if the wife leaves the husband, she has to give him everything he gave her.

"Would you give him his garden (the marriage gift he had given her) back?" she said: "Yes". The Prophet then instructed the man to take back his garden and accept the dissolution of the marriage (Bukhari).
I could give a f about no haters as long as my ishes love me.
Reasoning
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5/3/2010 11:13:59 AM
Posted: 6 years ago
At 5/3/2010 11:07:55 AM, Vi_Veri wrote:
Christianity is very anti-divorce for both husbands and wives.

As it should be.

"In the Catholic Church, a marriage is considered to be a valid contract entered into between a man and a woman and God. The priest oversees the wedding but the marriage is performed by the man and woman to God. In simplest terms, it is necessary that it be marriage that is contracted, that it actually be contracted (i.e., a valid ceremony/contract be performed), and that both parties enter willingly into the contract. If any of these conditions lack, then the marriage is not contracted, Divine sanction is not obtained, and there is in actual (and religious) fact no marriage."

If you take the vows then you agree to be joined until death do you part. Of course, if the marriage took place under false pretexts then the contract is null and void just like any fraudulent contract would be.

Divorce then, is a breaking of this holy covenant with God.
"What we really ought to ask the liberal, before we even begin addressing his agenda, is this: In what kind of society would he be a conservative?" - Joseph Sobran
Zetsubou
Posts: 4,933
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5/3/2010 11:17:43 AM
Posted: 6 years ago
At 5/3/2010 11:13:59 AM, Reasoning wrote:
At 5/3/2010 11:07:55 AM, Vi_Veri wrote:
Christianity is very anti-divorce for both husbands and wives.

As it should be.

"In the Catholic Church, a marriage is considered to be a valid contract entered into between a man and a woman and God. The priest oversees the wedding but the marriage is performed by the man and woman to God. In simplest terms, it is necessary that it be marriage that is contracted, that it actually be contracted (i.e., a valid ceremony/contract be performed), and that both parties enter willingly into the contract. If any of these conditions lack, then the marriage is not contracted, Divine sanction is not obtained, and there is in actual (and religious) fact no marriage."

If you take the vows then you agree to be joined until death do you part. Of course, if the marriage took place under false pretexts then the contract is null and void just like any fraudulent contract would be.

Divorce then, is a breaking of this holy covenant with God.

Christians tend to fail to listen to the bible in many ways.

As I said, to be Christian or Muslim there are very little requirements.
'sup DDO -- july 2013
Vi_Veri
Posts: 4,487
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5/3/2010 11:18:59 AM
Posted: 6 years ago
At 5/3/2010 11:13:59 AM, Reasoning wrote:
At 5/3/2010 11:07:55 AM, Vi_Veri wrote:
Christianity is very anti-divorce for both husbands and wives.

As it should be.

"In the Catholic Church, a marriage is considered to be a valid contract entered into between a man and a woman and God. The priest oversees the wedding but the marriage is performed by the man and woman to God. In simplest terms, it is necessary that it be marriage that is contracted, that it actually be contracted (i.e., a valid ceremony/contract be performed), and that both parties enter willingly into the contract. If any of these conditions lack, then the marriage is not contracted, Divine sanction is not obtained, and there is in actual (and religious) fact no marriage."

If you take the vows then you agree to be joined until death do you part. Of course, if the marriage took place under false pretexts then the contract is null and void just like any fraudulent contract would be.

Divorce then, is a breaking of this holy covenant with God.

Excuse me, I don't think I made any value judgments what so ever in my last post.
I could give a f about no haters as long as my ishes love me.
Vi_Veri
Posts: 4,487
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5/3/2010 11:20:04 AM
Posted: 6 years ago
By the way, if you're going to quote someone, you better post who you're quoting, Reasoning. Or is it Rothbard ;)
I could give a f about no haters as long as my ishes love me.
Mirza
Posts: 16,992
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5/3/2010 11:51:32 AM
Posted: 6 years ago
At 5/3/2010 11:07:55 AM, Vi_Veri wrote:
Islam takes a middle ground. The husband is able to divorce the wife, and the wife is able to leave the husband through a Khula' or Muslim court appeal. If the husband leaves the wife, he has to give her everything she gave him; if the wife leaves the husband, she has to give him everything he gave her.

"Would you give him his garden (the marriage gift he had given her) back?" she said: "Yes". The Prophet then instructed the man to take back his garden and accept the dissolution of the marriage (Bukhari).
She is allowed to do what I mentioned in category three. If she did not want to be able to give a divorce as simple as the man, then it was her own decision.

Divorce in Islam is not a sin, but it is the most disliked thing of all the permissible ones in the sight of God, and should rather be done if there is a good reason for it, in order to avoid anything unwanted.
Vi_Veri
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5/3/2010 11:52:52 AM
Posted: 6 years ago
At 5/3/2010 11:51:32 AM, Mirza wrote:
At 5/3/2010 11:07:55 AM, Vi_Veri wrote:
Islam takes a middle ground. The husband is able to divorce the wife, and the wife is able to leave the husband through a Khula' or Muslim court appeal. If the husband leaves the wife, he has to give her everything she gave him; if the wife leaves the husband, she has to give him everything he gave her.

"Would you give him his garden (the marriage gift he had given her) back?" she said: "Yes". The Prophet then instructed the man to take back his garden and accept the dissolution of the marriage (Bukhari).
She is allowed to do what I mentioned in category three. If she did not want to be able to give a divorce as simple as the man, then it was her own decision.

Divorce in Islam is not a sin, but it is the most disliked thing of all the permissible ones in the sight of God, and should rather be done if there is a good reason for it, in order to avoid anything unwanted.

Isn't that what I said?
I could give a f about no haters as long as my ishes love me.
Mirza
Posts: 16,992
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5/3/2010 11:53:15 AM
Posted: 6 years ago
At 5/3/2010 11:17:43 AM, Zetsubou wrote:
As I said, to be ... Muslim there are very little requirements.
Definitely not. There are good and generally easy requirements, but you definitely cannot be and do whatever you wish in order to be a Muslim.