What do Muslims believe about divorce?

Answer 1

Divorce is allowed but there are Quranic verses which says that divorce is not advisable.

AnswerDivorce is available to men only and only after saying "I divorce thee". They may only be divorced and remarried a maximum of three times unless the women marries, consumates and subsequently is divorced with that man.

Divorce is not allowed for Women, unless it was was part of the conditions of their contractual marriage certificate 'Aqd el zawaj or through judicial means.

Some Muslim men marry women contractually for one night as a part of Islamic society custom. In the western world, this is known as prostitution.

Answer

It is not part of Islamic society custom and it defeats the purpose of marriage in Islam thus it is forbidden. only a minority of people do it and they concider it a loophole in the system. Marriage should not be legitimized under Islamic law unless it has the purpose of creating a family and providing stability for children to grow up in a healthy environment.

If on the other hand unsolvable problems appear between the couple then divorce is an option but it is not to be used unless it was the last resort for it creates division in the community and instability for everyone involved. divorce could be issued from both sides (husband or wife) if there were legitimate reasons such as abuse by either of the couple and it is to be done in a court of law with evidence provided. THat is the right way to do it. If in certain "Muslim" countries divorce can only be issued from one side (husband) or is used as a form of "legitimized" prostitution then that country is not following the real Islam and thus weird and obscure practices such as those ones immerge.

Answer :-

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 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.

Methods of divorce:

Men have the right to divorce. If a man dislikes keeping his marriage for any reason, he divorces his wife and compensates her financially by paying her what is termed mut'a payment. This is in addition to the regular financial sustenance for her living, in case she has the custody of their children.

Divorce becomes in effect once the husband utters or writes down any of the legal formulae of divorce such as: 'I divorce you' or 'you are divorced'…etc. The husband can do these either by himself or through a messenger.

In case it is the woman's desire to end the marriage, the situation becomes different. Her reasons might be that she has received ill treatment, the husband is unable to sustain her financially or he is sexually impotent. She can prove these defects in front of the judge, then the judge grants her divorce with a full access to all her financial rights.

Also, if the husband was good to her but she does not want to keep on for an emotional reason, then she asks for what is termed khul'. This means to be granted divorce but without any access for financial rights, plus paying back the husband the dowry that he already paid on marrying her.

Categories of divorce:

Divorce is of three categories: raj'i (returnable), baynounah soghra (minor separation) or baynouna kobra(major separation).

In case divorce happens through the husband, he can take his wife back within three months. This is without any legal procedures, if they decide it - like they regret their rushing in divorce. In this case, the divorce is termed as raj'i or returnable divorce.

But in case of khul', which is the second category, the husband can't remarry his divorcée till all the legal procedures are done, all over again, and the husband pays new dowry for her.

Divorce happens three times in the couple's lifetime. The third divorce falls in the third category, because they cannot go back to one another, till after the wife 'happens' to marry someone else, then 'happens' to get divorced by him. In this case, she can go back to her first husband. Such a tough rule was made as a punishment and a way of preventing people from misusing this tolerant ruling of permitting divorce. The word 'happens' is parenthesized because the woman's new marriage and divorce should come naturally without planning, as many people might do to legalize her return to the first husband!

When does divorce become invalid?

In some cases, uttering the words of divorce become invalid. Among these cases is when the husband is:

1. drunk
2. forced to utter them by someone else
3. in a complete loss of temper to the extent that he is unaware of what he is saying
4. in an abnormal state of mind, such as temporary madness, epilepsy or in a coma,

In such cases, divorce is null and void.

Post divorce procedures:

After divorce, it is obligatory for the woman not to get married to another man, except after three complete mentruation cycles, if she is not pregnant. If she is, then she has to wait till she gives birth, so that the paternity of the child is not confused. This period of time is termed as 'iddah. However, even if the woman no longer has menstruations (e.g. after menopause), she should still wait for three months. So there is more to the 'iddah than just the issue of paternity.

Islam strongly discourages divorce. Divorce always has negative effects on the affected couples, on their children, on their families and on the community at large, however,Islam allows divorce if circumstances warrant or necessitate it. Islam has permitted divorce reluctantly neither liking nor recommending it.

Talaq is a pronouncement of "I divorce you." Divorce and Talaq are strongly condemned within Islam. In case of difficulties within a marriage that the husband and wife cannot solve by themselves, each shall appoint an arbitrator or conciliator to resolve the matter. Taraq has been banned any many nations, such as Iran, Iraq, Turkey and Tunisia. Instead, authorities encourage the use of arbitration councils and judicial intervention to promote reconciliation.

Divorce is basically use in order to void any marriage.Women has right of KHULA in Islam.But it is very true that Islam does not like Divorced.You can give this on very extreme situation.

http://www.teachingquran.com/Resource-Center/Download-Quran.aspx

Answer 2

There are three kinds of divorce in Islam. They are taleq, lian, and khula. Taleq is initiated by the man. He says the phrase, 'I divorce you' (the talaq) three times. There is supposed to be a waiting period in between each talaq in which the couple should try to reconcile. Lian is also initiated by the man. Lian occurs when the man accused his wife of adultery and she denies it. Again, the taleq is used, with a three month waiting/ reconciliation period in between each. Khula is initiated by the woman. She may petition a Qadi or judge and the waiting period is one month. The only acceptable reasons for a woman to be divorced is a husband's failure to have intercourse with her for two months or failure to provide for her needs. Often, the woman must repay her dowry and marriage expenses and forfeit custody of children over seven.

Answer 3

Islam does not encourage divorce. Problems should be resolved by seeking help and advice and by being tolerant, as divorce results in a lot of pain and misery and is hard for the children. However if there is violence and incompatibility, and the couple cannot get along, then it is better to get a divorce, and get along with your life.

Answer 4

"I would like to divorce you, honey."

It may not always be the case about the honey part. But there are no magical words to say when you divorce. In 1945 when the second world war ended, people who migrated to western countries, who were married in an Islamic way needed to give their selves up as 'married' when asked for marital status. An official way with divorce papers is enough to be divorced. As is the unofficial way to say you want to divorce. (Has to be done in public with witnesses at least 3 times)

Answer 5

Marriage, as prescribed by Allaah, is the lawful union of a man and woman based on mutual consent. Ideally, the purpose of marriage is to foster a state of tranquillity, love and compassion in Islam, but this is not always the case. Islam discourages divorce but, unlike some religions, does make provisions for divorce by either party.

Allaah provides general guidelines for the process of divorce with emphasis on both parties upholding the values of justice and kindness in formalising the end to their marriage (see [Quran 2: 224-237] for general guidelines regarding divorce).

Allaah encourages the husband and wife to appoint arbitrators as the first step to aid in reconciliation in the process of divorce. If the reconciliation step fails, both the man and woman are guaranteed the right to divorce as established in the Quran, but the difference lies in the procedure for each one. When a divorce is initiated by the man, it is known as Talaaq.

The pronouncement by the husband may be verbal or written, but once made, there is to be a waiting period of three months ('Iddah) during which there can be no sexual relations, even though the two are living under the same roof.

The waiting period helps to prevent hasty terminations due to anger and allows both parties time to reconsider as well as to see if the wife is pregnant. If the wife is pregnant, the waiting period is lengthened until she delivers. At any point during this time, the husband and wife are free to resume their conjugal relationship, thereby ending the divorce process. During this waiting period, the husband remains financially responsible for the support of his wife.

The divorce initiated by the wife is known as Khul' (if the husband is not At Fault) and requires that the wife return her dowry to end the marriage because she is the 'contract-breaker'. In the instance of Talaaq, where the husband is the 'contract-breaker', he must pay the dowry in full in cases where all or part of it was deferred, or allow the wife to keep all of it if she has already been given it in full.

In the case that the husband is at fault and the woman is interested in divorce, she can petition a judge for divorce, with cause. She would be required to offer proof that her husband had not fulfilled his marital responsibilities. If the woman had specified certain conditions that are Islamically accepted in her marriage contract, which were not met by the husband, she could obtain a conditional divorce.

The controversy regarding the seeming inequity in divorce lies in the idea that men seem to have absolute power in obtaining a divorce. The interpretation of scholars in the past has been that if the man initiates the divorce, then the reconciliation step for appointing an arbiter from both sides is omitted. This understanding diverges from the Quranic injunction. Any difference in powers between the husband and his wife with regard to divorce can be extracted from the following verse (which means): "...And due to them [i.e., the wives] is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allaah is Exalted in Might and Wise." [Quran: 2:228]

In the following verse, according to existing interpretations, Allaah gives the reason for the small difference in the verse (which means): "Men are in charge of women by [right of] what [qualities] Allaah has given one over the other and what they spend [in support] from their wealth. So righteous women are devoutly obedient, guarding in [the husband's] absence what Allaah would have them guard." [Quran: 4:34]

Thus, it is clear that there is a 'degree' of difference with regards to the rights of men and women in divorce, and that the greater right that men were given is due to their being the leaders and financial supporters of the household. This, however, does not mean that women are inferior to men or that they are second-class human beings.

Many of the laws regarding divorce in some Muslim countries are based upon Quranic references on the subject. As with all human laws, they must adapt to dynamic circumstances. Issues pertaining to custody have become controversial. For example, Allaah in the Quran advises the husband and wife to consult each other in a fair manner regarding their children's future after divorce, as this verse states (which means): "…If they both desire weaning through mutual consent from both of them and consultation, there is no blame upon either of them." [Quran: 2:233]

Some jurists stipulate that custody of the child is awarded to the mother if the child is under a certain age and to the father if the child is older. There is no Quranic evidence of age being a determinant for custody. Similarly with regard to the issue of alimony, in the Quran the ex-husband's financial obligation to his ex-wife is mandated, but a specific formula for the amount of support is missing; Allaah Says (what means): "And for divorced women is maintenance according to what is acceptable - a duty on the righteous." [Quran 2:241] This is open for negotiation between parties and should be in accordance with the husband's financial ability.

There has been much distortion and propagation of misunderstanding about a woman's rights related to marriage and divorce. Only with self-education and awareness of the Quranic text are men and women able to learn the truth that Allaah has prescribed and understand the scholarly interpretations in order that the spirit of justice is realised. Allaah Says (what means): "And when you divorce women and they fulfil their term [of their 'Iddah], either keep them according to reasonable terms or release them according to reasonable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has certainly wronged himself. And do not take the verses of Allaah in jest. And remember the favour of Allaah upon you and what has been revealed to you of the Book [i.e., the Quran] and wisdom [i.e., the Prophet's Sunnah] by which He instructs you. And fear Allaah and know that Allaah is Knowing of all things." [Quran 2:231]

Answer 6

First she should have strong reasons that cause marriage continuity as well as mutual respect and devotion are impossible. If so, then she can either ask her husband for divorce or she ask the court that she wants to practice her right for divorce and show her strong reasons for divorce request.

Answer 7

In Islam (Sharia Law) it is forbidden. Men hold all of the power and once married, the woman is married for life.

Answer 8

Khula