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Divorce
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Moreover the procedure of divorce in Islam is such as to encourage
reconciliation where possible. After divorce the woman should wait three monthly
cycles during which her husband remains responsible for her welfare and
maintenance. He is not permitted to drive her out of the house during this
period. She has been advised not to leave the house of the divorcing husband, in
order to enhance the chances of reconciliation, as well as to protect her right
of sustenance during the three months waiting period. The main purpose of this
waiting period is to clarify whether the divorced wife is or is not expecting a
child. Its second use is as a cooling-off period during which the relatives and
other members of the family or of the community may try to help towards a
reconciliation and better understanding between the partners. The Qur'an says:
"And if you fear a breach between the two, then appoint judge from his people
and a judge from her people; if they both desire agreement, Allah will effect
harmony between them, surely Allah is Knowing, Aware." (4:35).
If they are reconciled they may resume the marriage relations at any time within
the waiting period, whereupon the divorce is automatically revoked. If further
trouble arises and divorce is pronounced a second time, the same procedure is
followed. Only if the matter reaches a third divorce does it become irrevocable.
The wife is then to leave the house and is free after three monthly cycles to
marry another man if she wishes. The first husband is not then permitted to
remarry her unless she has in the meantime married another man and been divorced
in usual legal manner.
This procedure is the normal one followed if the husband is the one seeking
divorce or if the divorce is by mutual consent. If the wife seeks divorce
against the wishes of the husband she may take her case to the court and obtain
divorce.
An instance was reported at the time of the Prophet when a woman came to him
saying that although her husband was a good man and she had no complaint against
his treatment, she disliked him greatly and could not live with him. The Prophet
directed that she should return to the husband a garden which he had given to
her as her dowry, as the condition of her divorce. This procedure is sanctioned
in the Qur'an where Allah says:
"And if you fear that they may not be able to keep the limits of Allah, then
there is no sin for either of them, if the woman redeems herself with that"
(2:229).
One may observe that modern developments in marriage law in England and other
Western countries are tending towards the Islamic pattern, albeit unconsciously,
in many ways, stressing guidance and counselling before divorce, privacy of
divorce proceedings and speeding of the process of divorce once it has been
established that the marriage has irretrievably broken down.
The law of Islam does not therefore compel unhappy couples to stay together, but
its procedures help them to find a basis on which they can be reconciled with
each other. If reconciliation is impossible the law does not impose any
unnecessary delay or obstacle in the way of either partner's remarriage.
Right to Inheritance
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Another right of the Muslim woman which is a part of Islamic law is the right to
inherit property. The method of division of inheritance is clearly laid down in
the Qur'an and the general rule is that man gets double. This may if taken in
isolation from other legislation appear to be unfair; however, it must be
remembered that in accordance with the verse of the Qur'an quoted earlier, men
are charged with the maintenance of all the women and children in their family,
and therefore their necessary obligations of expenditure are far higher than
those of women. The half-share that a woman inherits may therefore be considered
a generous one since it is for herself alone. Any such money or property which a
woman owns or any business which she runs is entirely her own and her husband
has no right to any of it.
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