OPPapers.com

Divorce Rules In Islam

DIVORCE IN ISLAM
IMPORTANT INFORMATION ABOUT A MUCH ABUSED PRIVILEGE
The abuse of talaaq or divorce by husbands that is being currently witnessed has reached alarming proportions. This has prompted us to enlist some important rules of the Shariah regarding divorce so that husbands (present and future) may understand the significance and importance of this very sensitive and serious Shar’ee institution and acquaint themselves with the necessary laws. These rules have been taken from The Quran, Hadith, and books of Fiqah.
SOME SAYINGS OF RASOOLULLAH (sallallahu alaihi wasallam) ON TALAAQ
"The most detested of halaal things by Allah is divorce." (Hakim, Abu Dawood)
"Marry, but do not divorce (without a real need), for Allah does not love such men and women who taste a lot (i.e. they marry and divorce often)." (Tibraani)
"Women should not be divorced except for lewdness." (Tibraani)
"Marry, but do not divorce, for the Throne of Allah shudders over talaaq." (Ibni Adee)
"Those women who contrive to get talaaq, or force their husbands (by disobedience) to divorce them, are hypocrites (munafiqs)." (Nasaa-ee)
"If a woman seeks talaaq from her husband without a pressing need then the fragrance of Jannat becomes haraam upon her. (Ahmad, Haakim)
Another hadith has it that the most beloved to Iblees from among his army of devils are those who create enmity and division between husband and wife. (Muslim, Ahmad)

RULES OF DIVORCE
C Islam has vested the right to divorce with the husband only, and not the wife. This is so because of the weak nature and temperamental instability of the wife. However, it appears that even the husbands of today have lost their self-control and stability, hence this spate of divorces in the Muslim community. Lack of such control, erratic mood swings, impulsiveness, anger, etc. are the factors contributing to what Rasoolullah (sallallahu alaihi wasallam) described as one of the signs of qiyamat (i.e. increased divorce rate). Such husbands...