خانه en Woman’s Rights in Islam Philosophy of the legislation of Divorce

Philosophy of the legislation of Divorce

17 min read

One may object to the legislation of divorce and say; “If divorce is not liked by the legislator of Islam, as you mentioned earlier, why has He not forbidden it?” Can we join the permissibility and detestability of a subject together? Why did Islam allow divorce? What is its philosophy?
The reply is that divorce is bad and disliked. But in some circumstances it becomes necessary for the society, and it cannot be totally prevented. For example, to cut off a limb is painful and it is not liked. However, sometimes it is necessary for the well-being of the whole body, like in case of a cancer. In case of divorce, it is like that. It happens when the continuation of a married life is distressful, painful, and unbearable for both sides, and there is no solution except divorce.
For example, when the love and interest of man are totally finished and he does not like his spouse at all. In such circumstances, she loses the position of love, and the base of the family is ruined. The house, in which there is no love, is cold, dark, and fearful. Not only there is no comfort for the husband and wife, but also it is a dark prison and a burning hell.
Marriage is a natural relation between man and woman, and is different from contracts like sale, rent, company, and partnership. They are social contracts, and natural and sexual desires do not have role in them. While marriage is a natural relationship rooted in sexual intimacy of the spouses. Marriage creates internal attraction of male and female, and goes toward unity, and love.
To attract and to get attracted is natural, and it is placed in the nature of husband and wife. From the husband’s side love, desire and the company of wife is there. And from wife’s side make-up, attraction, to fill the heart, and company of the husband. The male desires to take his beloved, but the female wants to remain as the object of the husband’s desire, and to attract his heart.
Family rests on two pillars. If the husband and wife achieve their desires, the atmosphere of the family remains warm, fresh, and beautiful. Husband would be warm and hopeful toward his family, and works hard for their comfort. The wife also considers herself successful and fortunate, and tries hard to look after the husband, and children.
If the husband does not love his legal wife and gets irritated by looking at her or by her company, and wife also feels that her husband does not love her anymore, then the family would lose the two pillars and will be ruined. Life in such a family becomes cool, and a rift is created between the partners. It is very difficult and painful for the spouses and its continuation is not good for them. In such circumstances, Islam does not like divorce, but sees it as a solution and allows it. The law of divorce applies to such situations.
The other situation is absence of mutual understanding! In case where the spouses do not have mutual understanding and think in opposite directions. Both of them are biased, selfish, and stubborn. Day and night they quarrel, fight, and argue; they do not listen to advices of the mediators nor follow the guidelines. They are not ready to change or improve themselves. Life in such a family is difficult, and its continuation neither benefits the wife nor the husband. In such a situation divorce is the only solution, and Islam allows it.
On this basis, divorce is a necessity of the society and a way of solving the problem, and it cannot be prohibited.
Someone may say that he accepts the permission of divorce in some circumstances, but the law of divorce is allowed freely, and a lustful person on any pretext would divorce his wife, who has spent her youth, energy, health, in the house of this disloyal husband. Now he just divorces her, and removes her from the house, and after that takes another wife. Is not such a divorce unjust on women?
In reply it can be said that Islam is also against divorce given by a lustful and brutal person and has fought with these factors. In order to endorse divorce it has put certain conditions and rules, and has brought hindrance to avoid divorce.
But if due to a reason the wife loses the affection of her husband, and he begins to hate her, what should be done, and what is the solution? The wife feels that she is not loved by her husband anymore, and he hates her. Such a condition is worse and an insult and punishment for the wife. Is it better for her to stay at home by the force of law, and stop separation? Law can compel the wife to remain in the house, and compel the husband to pay for her food and clothes; but law cannot create love, which is the basis of family life. Here too, although Islam does not like divorce, it sees it as a solution and allows it.
One may say that if divorce is in some cases necessary, and a way of solving the problem, why is it left to the discretion of husband only, and women are not given the right to divorce? As all these situations can arise for women too. It is possible that wife may not like the husband and get irritated to continue the mutual life. When there is no love, the life of the family is practically over, and woman should be given the right to divorce her husband and announces the end of the mutual life.
We say, lack of interest of woman does not signify the end of marriage. It is a sign of the mistakes or errors of man, and his shortcomings in his relationship, his performance of family life, and looking after the wife. Because the key of love and interest of the wife is in the hands of the husband. If the man really loves his wife and express it to her, performs his duties towards her and improves his behavior, the wife will become warm, hopeful, and takes interest in him and would try to attract his heart.
Therefore, if the wife dose not have interest in her husband and life, it shows that the husband has shortcomings.
In such situations divorce is not necessary. The man should be reminded of his duties and to look after the wife, so that he can correct his actions, talks, and behavior; and should try to fill the heart of his wife, and make her warm and hopeful.
One may say that if a husband beats his wife or does not pay for her expenses, and behaves harshly with her, does not performs intercourse, gives her trouble and hurts her, or abuses her and also refuses to divorce her, in such situations what can she do? She must be patient and bear the torture, as long as she is alive? Why the right of divorce is not given to the woman, so that she can get rid of such a painful prison?
It can be replied that Islam is based on justice and observes the rights of all sides, and does not support bad behavior and injustice towards the wife. It never allows this. Islam is absolutely against it, and defends the rights of women.
In such cases women can refer to the “Arbitration” institution, and request them to advise the husband that he should treat her with justice. If they get the opportunity and succeeded, they can continue their life, but if he does not accepts this, she can claim to the Legal authority. The court calls the offending husband and orders him to refrain from injustice and oppression, and to perform his duty. If he doesn’t accept it, the court sentences him to divorce, and if again he refuses, the competent legal authority will directly issue the order of divorce.
۱٫ If divorce is bad why Islam has not banned it?
۲٫ When is divorce the best option?
۳٫ How does Islam deals with a man who is lustful and divorces his wife?
۴٫ Why does man have the final right in divorce?
۵٫ What does lack of love of a wife in her husband indicate?
۶٫ How can man make his wife interested in life?
۷٫ What is the right of a woman whose husband hurts her?

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