Divorce in Islam-2

In the previous post we talked about the position of divorce in Islam. At the end we posed some questions regarding the nature of divorce, like is getting divorce good or bad? Or to whom this right must be given? Does it have any condition? So let’s continue that.

There are five possibilities or theories about the above mentioned questions:

1- Removing every condition for divorce and making it so easy to happen.

It is obvious that according to this theory, there is not any worth for the foundation of family and this covenant is not stable anymore, because every time we wish, we can divorce.

2-Opposing divorce completely.

In this case it is so clear that if the divorce is never allowed, in some families, the continuation of the relation adds nothing but everlasting hardships, because definitely in some families improving the bad situations is impossible.

3-The right of the divorce is given only to the men, and there is not any kind of releasing for women.

According to this theory in many situations women should tolerate the oppression done by their husbands and that have no way to escape from the terrible situations.

4-There must be the equal freedom for both men and women for divorce.

According to this theory the psychological differences between men and women are neglected (we will talk about them).

5-The foundation of family is sacred and worthwhile and the divorce is a hatred act, but there are some ways of separation for the families that they cannot continue their relationships anymore, and the way for coming out from those hardships is available for both men and women but the way of each, is different from that of the other. This theory is what Islam suggests.

According to the Islamic rulings in the normal situations the right of divorce is in the hand of men, but it does not mean that the women have no right for separation, because there are some situations that a woman can have this right, for example when at the time of marriage the spouses make a necessary(in its jurisprudential terminology and meaning) agreement that in some specific cases the woman will have the right of divorce, for instance they can make an agreement that if the man does so and so, the wife will be able to divorce him(as the agent of husband in divorce). For more detail please refer to the jurisprudential discussions.

To be continued.