Divorce in Islam

Islam never regarded marriage as a sacrament and thus, indissoluble except under extraordinary conditions.  In accordance with its view of marriage as a contract, it made provision for the separation of married couples if the terms of the contract were not observed by either party. The idea that there is something essentially and inherently immoral in divorce was bequeathed to the world by Christianity and Hinduism, not by Islam. Although Islam recognizes the necessity for divorce in cases where marital relations have been poisoned to a degree which makes a peaceful home life impossible, Islam does not believe in unlimited opportunities for divorce or frivolous and unimportant grounds because any undue increase in the facilities of divorce would destroy the stability of family life.  Therefore, while allowing divorce on genuine grounds, Islam has taken real care to introduce checks and balance designed to limit the use of available facilities. While permission has been given both to men and women to obtain a release from the bond of marriage in cases of absolute necessity, the Prophet has made it clear that Islam does not regard it as desirable. Under Islam, men have been given liberty of divorce on certain conditions. First, the power they have bestowed on their wives: they are not permitted to it, hold it or take back anything from it, if they decide upon divorce. Secondly, a divorce pronounced at a single sitting does not have the effect of final separation.  It is laid down as a condition that a divorce, to take legal effect, must be pronounced three times at intervals of one month each.  There is some difference of opinion as to whether three pronouncements at a single sitting can have the effect of final separation. Similar right has been given by Islam to the female sex.  There are two ways in which a woman is allowed to seek separation from her husband: first through mutual agreement between the husband and the wife which is called Khula: secondly, through a judicial decree by filing a suit against the husband in a law-court.  It is to be seen that the wife is not at liberty, like the husband to get herself released by an outright declaration of divorce.  In case her husband refused to release her from the marriage bond, she has to go to a court of law and obtain a decree in her favor.  This may seem to place her at disadvantage in comparison with her husband and it may be asserted that this implies inequality of rights between husband and wife. Actually, the intervention of the State in the matter is a device for the fuller protection of her rights. Conditions all over the world, including even Western countries, are such that a woman is not altogether free to exercise her legal rights. The husband can, if he so desirer, place many impediments in her way. If the State does not come to her help in order to safeguard her rights, the woman may find herself handicapped in many ways, despite all talks and preaching of sex equality.  It is, therefore, in own interest to seek the support of authority in defending and exercising her rights.  This was all the more necessary in the past when woman’s social position exposed her to greater difficulties. As in the case of divorce by the husband, the legal permission given to woman to seek and obtain separation though mutual agreement or the intervention of the court does not imply moral approval of the act.  Islam has unreservedly condemned men and women who use their legal rights of divorce on any except legitimate grounds and in absolutely unbearable conditions.  Moral discussion apart, there is no dispute about a woman’s legal right to seek separation from her husband.  This she may do either by giving up a part of the whole of the power given to her by the husband or by offering an agreed sum of money to her husband in return for his consent to release her from the marriage bond.  Thus both man and woman are required to undergo monetary sacrifice for securing their separation. This is likely to act as a deterrent in both cases.  Should the husband refuse to part with his wife on any of these terms it is open to the latter to seek the protection of law by filling a suit against him and obtaining a legal decree of separation. Apart from case of ill-treatment and genuine aversion of wife against the husband, Islam recognizes other grounds of divorce also. These are: (1) option of puberty; (2) refusal to provide economic sustenance; (3) change of religion; (4) impotence; (5) infectious diseases in either partner; (6) wilful desertion; (7) disappearance of husband.