Hayati Magazine Issue 12 | Page 16

HAYATI FAITH LAWS OF DIVORCE I IN ISLAM By: Amani Aboul Fadl Farag 'll try to supply as much information in this big subject as our small page can allow. In case you need more details, I refer you to a useful book Fiqh as-Sunnah - by Sayyed Sabiq – is originally in Arabic, but you can find its English translation if you want. DIVORCE AS A LAST OPTION: Although divorce being allowed in Islam is a sign of the lenience and practical nature of the Islamic legal system, keeping the unity of the family is considered a priority for the sake of the children. For this reason, divorce is always a last choice, after exhausting all possible means of reconciliation. For example, Allah addresses men asking them to try hard to keep the marriage, even if they dislike their wives: ... live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and God brings about through it a great deal of good. - Surah 4 Verse 19 Also the following verse is addressed to women asking them the same thing: If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable 16 HAYATI settlement between themselves; ... - Surah 4 Verse 128 Again, the following verse is addressed to the family or the society for the same purpose of rescuing this bond, which God did not make easy to break: If ye fear a breach between them twain, appoint (two) arbiters, one from his family, and the other from hers; if they wish for peace, God will cause their reconciliation: For God hath full knowledge, and is acquainted with all things. - Surah 4 Verse 35 But, if after exhausting all methods of reconciliation, the hatred between the husband and wife is still greater than tolerance, then divorce becomes inevitable. Here comes the genius of the Islamic law, which holds practical, rather than unrealistic approaches, towards real situations. The ultimate aims of marriage, as well as any other aspect of human life, are to achieve happiness and virtue. So, when people are denied their right to end an unhappy marriage, these two aims are seriously violated. This is, as the couple will live in suffering, which may lead them to marital infidelity. Thus divorce in this case – if weighed up to the disaster of family disintegration - will be less disastrous.