DIVORCE in ISLAM
As salaamu alaikum, I am forced to address this most critical area affecting our society in an absolutely negative manner, and even being treated by the scholars to be something of lesser importance, whereas the marriage bond forms the very cement of society, it in fact has created so much volatility that people are running to secular courts and newsprint, claiming that the courts do a much more just deliverance thereof, in fact these scholars themselves have for a while now turned to these secular institutes with this regard, to the extent that they are now having the secular incorporated with the sharia, just as they do with inheritance and all related matters, that due to there lack of real knowledge and most importantly a lack of true guidance from Allaah SWTA. Subhanallaah.
Here follows a detailed overview, for your benefit, and the benefit of all Algamdu Lillaa.
The outer relations and the workings of the sexes form an integral part of the social life and fabric of the community. While the sanctity of marriage is the essential basis and cement of family life, the incompatibility of individuals and the weaknesses of human nature, require certain outlets and safeguards if that sanctity is not to be made into a fetish, at the expense of human life. That is why the other end of it could however be linked to insolent impiety. God's appreciation of our service or our love goes far deeper than our intrinsic merits or it's specific expression on our side. His reward is beyond our deserts and passes over our defects. He judges by our motives which He can read through and through. God's appreciation and forbearing kindness can reach so far beyond our merits, because His universal knowledge comprehend hidden motives, which others cannot see in us; His power is so great that He can afford to reward even the unworthy, and His wisdom is so great that He can turn even our weakness into our strength.
So therefore guard well your truth and pure integrity in sex relations and keep the tie of marriage sacred; but where it must be dissolved, use all precautions to ensure justice to the weaker party and protect the interests of the the unborn or newborns as well as social decency; and close not to or at the very last moment the door of reconciliation, for God's laws must be obeyed: it is man's own loss if he is deaf to the voice or blind to the light, which teaches him or which guides him. God's universe of unbounded beauty and wonder stands strong in wisdom: let man but tune him thereto. "
Of all things permitted by law, divorce is the most hated in the sight of God". The prescribed period is in the interests of the wife, of the husband, of an unborn child and of sex laws in nature, and therefore then the elementary dictates of refined human society. In English law the six months interval between the decree nisi and the decree absolute in divorce attains the very same purpose in a round about way. It is suggested that the divorce should not be pronounced during the courses. This implies that any incipient differences between husband and wife should never be forced to an issue at a time when sex is least attractive and almost repulsive.
Everything should be done to strengthen the social and spiritual aspects of marriage and keep down stray impulses of animal instinct. The parties are to think seriously in a mood of piety, keeping their fear of God in their minds constantly. As Islam treats the married woman as a full juristic personality in every sense of the term, a married woman has a right in the married state, to a house or apartment of her own. And a house or apartment implies the reasonable expenses for it's upkeep and also for herself and for her children's maintenance. And this is obligatory not only in the married state, but during 'iddat, which is necessarily a most trying time for the woman. During this time she must not only, not be turned out, but it is very much indecent of her to leave of her own accord, purposefully diminishing the chances of reconciliation.
As the opportunity for reconciliation must always be at the formost as it is always possible, and is indeed recommended and even insisted upon at every stage and turn. The first serious differences between the parties are to be submitted to a just family council on which both sides are there represented; divorce should never be pronounced when mutual physical attraction is at ebb. When it is, dower has to be paid and provision has to be made
for many things on equitable terms; every single facility and opportunity has to be given for reconciliation till the last moment, and impediments are provided against hasty impulses leading to rupture.
"Thou knowest not if perchance God will bring about thereafter some new situation". Everything should be done fairly and squarely, and all interests should be safeguarded. Publicity and the establishment of proper evidence ensure that no one will act unjustly or selfishly. All should remember that these are matters of most serious importance, affecting our most intimate lives, and therefore our position in the spiritual kingdom. In these very delicate and difficult matters, the wisdom of jurists provides a less satisfactory solution than a sincere desire to be just and true, which is described as "the fear of God".
Where such a desire exist God often provides a solution in the most unexpected ways or from the most unexpected quarters for example the worst of enemies may be then reconciled, or the cry or the smile of an infant baby may even heal seemingly irreparable injuries or unite hearts seemingly to be alienated forever. And faith is followed at times by a psychological feeling of rest for the troubled spirit. Our anger and our impatience have to be curbed, especially in matters as important and abhorrent as divorce is. Our friends and our mates or associates may seem to us ever so weak and unreasonable, and the circumstances may be ever so disheartening yet we must put our trust in God.
How can we measure our own weakness or perhaps blindness? He knows all and His universal purpose is always good. His will must be accomplished, and we should wish for it's accomplishment. His ordering of the universe observes a due, just and perfect proportion. For normal women, the 'iddat is the three monthly courses after separation: if there are no courses or if the courses are in doubt, it is three calender months.
By that time it will be clear whether there is pregnancy: if there is, the waiting period is till after delivery. If there is a true and sincere desire to obey the will of God and do right, the difficulties will vanish, and these delicate matters will be settled for the greatest happiness of all. God's ordinance is nothing arbitrary. It is to help us, and to lead us onto our highest good, temporally and spiritual. If we obey God His wisdom will not only solve our difficulties, but it will remove other ill's that we may have, subjective and objective.
Like a good shepherd, he will lead us on to more luscious pastures. With each step higher, our position becomes more and more sure and our reward more and more precious. Insolent impiety consists not only in the breach of the rites of religion. Even more vital is the defiance of the laws of nature which God has made for us. These laws, for us human beings include those which relate to our fellow-beings int society, to whom kindness and consideration form the basis of our socialism duties. Our ducties and rights to our families and our children in intimate matters are as important as any in our spiritual life.
People who forget the moral law in marriage or family life have perished in this world and will have no future in the hereafter. The lesson here applies not only to individuals but to whole nations or social groups. There is no excuse for us to go astray, seeing that God in His infinite mercy has explained to us His message by His many signs around us and clearly by means of the
many human teachers and prophets whom He has sent for our instruction.
Your brother in Faith
Anwar Masoet
As salaamu alaikum, I am forced to address this most critical area affecting our society in an absolutely negative manner, and even being treated by the scholars to be something of lesser importance, whereas the marriage bond forms the very cement of society, it in fact has created so much volatility that people are running to secular courts and newsprint, claiming that the courts do a much more just deliverance thereof, in fact these scholars themselves have for a while now turned to these secular institutes with this regard, to the extent that they are now having the secular incorporated with the sharia, just as they do with inheritance and all related matters, that due to there lack of real knowledge and most importantly a lack of true guidance from Allaah SWTA. Subhanallaah.
Here follows a detailed overview, for your benefit, and the benefit of all Algamdu Lillaa.
The outer relations and the workings of the sexes form an integral part of the social life and fabric of the community. While the sanctity of marriage is the essential basis and cement of family life, the incompatibility of individuals and the weaknesses of human nature, require certain outlets and safeguards if that sanctity is not to be made into a fetish, at the expense of human life. That is why the other end of it could however be linked to insolent impiety. God's appreciation of our service or our love goes far deeper than our intrinsic merits or it's specific expression on our side. His reward is beyond our deserts and passes over our defects. He judges by our motives which He can read through and through. God's appreciation and forbearing kindness can reach so far beyond our merits, because His universal knowledge comprehend hidden motives, which others cannot see in us; His power is so great that He can afford to reward even the unworthy, and His wisdom is so great that He can turn even our weakness into our strength.
So therefore guard well your truth and pure integrity in sex relations and keep the tie of marriage sacred; but where it must be dissolved, use all precautions to ensure justice to the weaker party and protect the interests of the the unborn or newborns as well as social decency; and close not to or at the very last moment the door of reconciliation, for God's laws must be obeyed: it is man's own loss if he is deaf to the voice or blind to the light, which teaches him or which guides him. God's universe of unbounded beauty and wonder stands strong in wisdom: let man but tune him thereto. "
Of all things permitted by law, divorce is the most hated in the sight of God". The prescribed period is in the interests of the wife, of the husband, of an unborn child and of sex laws in nature, and therefore then the elementary dictates of refined human society. In English law the six months interval between the decree nisi and the decree absolute in divorce attains the very same purpose in a round about way. It is suggested that the divorce should not be pronounced during the courses. This implies that any incipient differences between husband and wife should never be forced to an issue at a time when sex is least attractive and almost repulsive.
Everything should be done to strengthen the social and spiritual aspects of marriage and keep down stray impulses of animal instinct. The parties are to think seriously in a mood of piety, keeping their fear of God in their minds constantly. As Islam treats the married woman as a full juristic personality in every sense of the term, a married woman has a right in the married state, to a house or apartment of her own. And a house or apartment implies the reasonable expenses for it's upkeep and also for herself and for her children's maintenance. And this is obligatory not only in the married state, but during 'iddat, which is necessarily a most trying time for the woman. During this time she must not only, not be turned out, but it is very much indecent of her to leave of her own accord, purposefully diminishing the chances of reconciliation.
As the opportunity for reconciliation must always be at the formost as it is always possible, and is indeed recommended and even insisted upon at every stage and turn. The first serious differences between the parties are to be submitted to a just family council on which both sides are there represented; divorce should never be pronounced when mutual physical attraction is at ebb. When it is, dower has to be paid and provision has to be made
for many things on equitable terms; every single facility and opportunity has to be given for reconciliation till the last moment, and impediments are provided against hasty impulses leading to rupture.
"Thou knowest not if perchance God will bring about thereafter some new situation". Everything should be done fairly and squarely, and all interests should be safeguarded. Publicity and the establishment of proper evidence ensure that no one will act unjustly or selfishly. All should remember that these are matters of most serious importance, affecting our most intimate lives, and therefore our position in the spiritual kingdom. In these very delicate and difficult matters, the wisdom of jurists provides a less satisfactory solution than a sincere desire to be just and true, which is described as "the fear of God".
Where such a desire exist God often provides a solution in the most unexpected ways or from the most unexpected quarters for example the worst of enemies may be then reconciled, or the cry or the smile of an infant baby may even heal seemingly irreparable injuries or unite hearts seemingly to be alienated forever. And faith is followed at times by a psychological feeling of rest for the troubled spirit. Our anger and our impatience have to be curbed, especially in matters as important and abhorrent as divorce is. Our friends and our mates or associates may seem to us ever so weak and unreasonable, and the circumstances may be ever so disheartening yet we must put our trust in God.
How can we measure our own weakness or perhaps blindness? He knows all and His universal purpose is always good. His will must be accomplished, and we should wish for it's accomplishment. His ordering of the universe observes a due, just and perfect proportion. For normal women, the 'iddat is the three monthly courses after separation: if there are no courses or if the courses are in doubt, it is three calender months.
By that time it will be clear whether there is pregnancy: if there is, the waiting period is till after delivery. If there is a true and sincere desire to obey the will of God and do right, the difficulties will vanish, and these delicate matters will be settled for the greatest happiness of all. God's ordinance is nothing arbitrary. It is to help us, and to lead us onto our highest good, temporally and spiritual. If we obey God His wisdom will not only solve our difficulties, but it will remove other ill's that we may have, subjective and objective.
Like a good shepherd, he will lead us on to more luscious pastures. With each step higher, our position becomes more and more sure and our reward more and more precious. Insolent impiety consists not only in the breach of the rites of religion. Even more vital is the defiance of the laws of nature which God has made for us. These laws, for us human beings include those which relate to our fellow-beings int society, to whom kindness and consideration form the basis of our socialism duties. Our ducties and rights to our families and our children in intimate matters are as important as any in our spiritual life.
People who forget the moral law in marriage or family life have perished in this world and will have no future in the hereafter. The lesson here applies not only to individuals but to whole nations or social groups. There is no excuse for us to go astray, seeing that God in His infinite mercy has explained to us His message by His many signs around us and clearly by means of the
many human teachers and prophets whom He has sent for our instruction.
Your brother in Faith
Anwar Masoet
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