DIVORCE SYSTEM IN ISLAM

DIVORCE IS EASY IN ISLAAM:-

It is generally held that divorce in Islaam is very easy; a man only has to say to his
wife: 􀂳You􀂶re divorced,􀂴 three times and its all over.
1. In reality, divorce is not that easy in Islaam. There are conditions which must be
fulfilled even before its proceedings can begin. Firstly, divorce cannot be pronounced
while a woman is menstruating. Prior to the beginning of the menstrual cycle, many
women suffer mood swings and become cranky. The biological changes in their
systems cause psychological changes that are commonly known as PMS
(premenstrual syndrome). In order to ensure that the cause of the husband
pronouncing divorce is not a product of behavioral changes brought on by PMS,
divorce pronouncement during menses is prohibited. Secondly, the divorce cannot be
pronounced during a period between menses in which the couple has had sexual
relations. The rational being that if the man cared enough about the woman to have
sexual relations, he needs to reflect about his decision more before going ahead. He
will have to wait until after the woman’s next menses ends, before he can pronounce
divorce.
2. The pronouncement is considered invalid if the man was in such a rage that he did not
know what he was saying. This is based on the Prophet’s statement, “The divorce
pronouncement is not valid at the time of [mental] seizure.”
3. After the pronouncement, the divorce does not come into effect until the woman has
had three subsequent menstrual cycles. The first cycle is to insure that she is not
pregnant and the second two are further opportunities for reconciliation. She is not
supposed to leave her home as is common among Muslims today. The husband is
required to continue to maintain her until the waiting period [􀂵iddah] ends.
4. If a woman is pregnant at the time of the pronouncement, her 􀂵iddah is until she has
delivered her child. This principle gives the maximum amount of time for
reconciliation in order for the welfare of the child to be reflected upon.
5. In the final analysis, divorce proceedings are somewhat easier than in many Western
countries [a notable exception being the well known “Mexican divorce” which can be
concluded in a matter of minutes]. The theory being that marriage in Islaam is
primarily a contract and not a sacrament as originally perceived in the West where it
was considered unbreakable [and remains as such among Catholics]. Consequently, if
the contract was entered into with a verbal statement of “I do,” and witnesses, it
should be dissoluble with the statement “I don’t,” and witnesses.

DIVORCE IS ONLY THEMAN􀂶S RIGHT:-

Muslim women are often portrayed as being oppressed due to their being denied the
right to divorce.
1. The pronouncement of divorce (talaaq) is primarily the right of the husband as he is
in the position of authority in the family. Also PMS considerations and the emotional
nature of women could cause a greater incidences of divorce if it were put the hands
of the wives as an automatic right.
2. The wife may institute divorce proceedings by making her request through the court.
If the judge (Qaadee) sees just cause or a real need on her part, he can act on her
behalf and institute the khula  divorce which has a waiting period of only one
menstrual cycle.
3. A woman can obtain the right to pronounce divorce if it is made a condition in her
marriage contract which her husband agrees to. She may also gain the right by
requesting her husband’s permission at any point during the marriage. If permission is
given she may pronounce divorce according to the previously mentioned conditions.
                                 
                                                                                              SOURCE:- DR. BILAL PHILIP
                                                                                                               BOOK OF DAWAH