Hayati Magazine Issue 12 | Page 19

HAYATI FAITH Misconceptions about Woman’s I right to divorce By: Women In Islam n pre-Islamic times divorce was a weapon used against the woman solely in a man's hands; when he wanted to harm the wife he would seek to divorce her and then take her back as he pleased. There were no set rules and the woman had no rights in the matter. So Allah Allah (The Almighty) invalidated this injustice by revealing the verse which says: (Divorce is two times: then one may retain with goodness (and reasonable terms), or let go with goodness (and reasonable terms).) [2:229] time lapses and he lets her go her way, she will be fully divorced for the first time, and is free to marry another man. Her first husband may remarry her with a new contract, if they both choose that option. If he does, and he then again divorces her, he may take her back her within the three menstrual periods, and this will be two divorces and returns. After two divorces and returns, if he divorces her a third time this is called the final and separating divorce wherein they are not allowed to remarry unless she waits the specified time of three menstrual cycles and then freely marries a different man with no intention of availing herself to this means in order to be able to lawfully marry her previous husband . If, for any reason, she becomes divorced from that man, only then, and on the condition that no shady pre-arranged dealings were made to circumvent this rule, can she re-marry her first husband. All these measures are designed to help protect the family and sanctity of the marriage bond, and the rights of the man and the woman. The waiting period is to determine that she is free from pregnancy. In case of pregnancy, the woman has to wait until after delivery before she marries a second husband. As a way to help preserve the marriage even when some differences occur, a Muslim man following the Sunnah (way)of the Prophet (Peace be upon Him) may only divorce his wife while she is clean from menses wherein he has not had sexual relations with her in that month. Since this requires some waiting period before the pronouncement of divorce, this allows time for any anger to subside or misunderstandings to be cleared up, and gives time to other family members or mediators to help in reconciliation. If they continue on the path towards divorce, then she must wait three menstrual periods. During this time, he may take her back honorably into marriage. This Divorce is ultimately allowed in Islam to escape from will be counted as the first divorce and return. If the any harm caused by the irreconcilable differences. It HAYATI 19