By Arman Neyazi, New Age Islam31 March 2021
Islam is a religion of the masses prescribed by the Almighty Allah and perfected on Prophet Muhammad (SAW) (Q5:3) and being a religion of the world till the end of the world, it has all the prescriptions of the issues may arise. Marriage and divorce among them are two very important issues on which the world is based. Where there are marriages, the most likened bond by Allah, there are divorces too, the least liked out of all the Halal acts in Islam, even then Islam has prescribed various ways of divorce so as to not let the people suffer in silence for the whole life with a love-lost relationship.
Two women in Uttar Pradesh, India, have given divorce to their husbands using ‘talaq-e-tafweez’. Free Press Journal June 25, 2018
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Islam being a religion based on equality among all the genders, castes and creeds, as Prophet Muhammad (SAW)’s last sermon declares, “an Arab has no superiority over a non-Arab nor a non-Arab has any superiority over an Arab; also a White has no superiority over a Black nor a Black has any superiority over a White except by piety and good action”, Allah has given equal opportunity to women as men of breaking the bond of marriage.
There are Ahadees and Allah’s commands in the holy Quran concerning the divorce and everywhere it has been mentioned that Allah does not like spouses divorcing each other. Very laughable thing is that in the Nikahnama, the pious paper, the proof of a Sunnah has started getting mentions of divorce and conditions of running a marriage foolproof. It clearly means that at least one of the parties of the bond has a doubt of the Sunnah being performed to go along its course. No good work is a good work with even the smallest of doubts in it. Therefore it is better to understand each other more before promising to live together. Before the time comes to give time to your marriage, give time to your decision of being married.
Following are the ways of breaking the bond of marriage prescribed by Islam:
a. Talaq
b. Khula
c. Talaq by the Wife through Delegated Right of Divorce - Haq-e-Tafweez-e-Talaq
d. Judicial Divorce
Talaq-e-Tafweez
Talaq-e-Tafweez is a way of divorce which empowers a wife to divorce a husband, if she has been delegated this power by her husband. The right to annul one’s own marriage is a unique provision provided by Islam granting the women empowerment of living their life as per their own desire.
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Also Read: What is Delegated Divorce (Talaq-e-Tafweez or Talaq-e-Tafwid)?
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Although this power is delegated to the wife by her husband after the marriage, orally or in writing, or by her would be husband at the time of Nikah before the marriage is solemnized. This delegated power to divorce can be used by the wife with the pronouncement of “I divorce myself” not that “I divorce you” because she is not divorcing her husband but divorcing herself by the powers bestowed upon her.
If there are any pre-condition like ‘Roti, Kapda and Makan, although the husband accepts to fulfill these in his Nikah, are mentioned in the Nikahnama for the Talaq-e-Tafweez to be practiced and the husband fails to live up to those conditions Talaq-e-Tafweez can be brought in practice, that is the wife can self-divorce.
Quran says: The relationship between the spouses should ideally be based on love (Mawadda Wa Rahma, 30:21), simultaneously it also advocates bringing the marriage to an end if there is no love, respect and mutual understanding left between the spouses (2:231). Islam understands that human being cannot live in an atmosphere of disbelief and misunderstanding and it is more painful for a woman to live with a partner with whom mutual understanding is lost hence women are given a way out of the marriage through Talaq-e-Tafweez.
Courtesy: Your_Legal_Guardian/Facebook Page
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There is no problem in the world which cannot be solved by discussing it and by giving time to it. So is the divorce. Divorce is pronounced in a very difficult time with a heavy heart. These days, most of the time divorces occur because of our ego or social norms. We must consider this Hadees: "The most hateful permissible thing (al-Halal) in the sight of Allah is divorce." (Abu Dawud, Hadith 1863, Ibn Majah, Hadith 2008) before going for the act.
The believers recite Quran, read Hadees, listen to preachers of every school and nowhere do they noticed the glorification of divorce, even then divorce has become as common with Muslim community as with any other. Do not make it a norm.
And Allah knows the best.
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