Divorce in Islam-3

In the previous post we said that in Islam in the normal situations the right of divorce is in the hand of men, and we also said that it does not mean that the women never have the right to separate. Someone might ask if Islam has given this right to man, so isn’t this a way in which some men can irritate and annoy their wives and in fact misuse this right? For example they can irritate their wives and do not divorce them and say that Islam has given us this right, so has Islam really let the men to oppress the women?

As the answer to this question we say that we disagree with irritating the women and this is something that definitely is forbidden and prohibited by Islam, and Islam has solutions for that. Because Islam is against any oppression so in such situations there are some rules as the solution, for example the wives can refer to the court and under some conditions, they can be divorced by law. There are some philosophies and points mentioned by some scholars regarding the rule which gives the right of divorce to the man.

The first point here is that Islam has created a balance between wife and husband. We see that from one hand it is obligatory upon the husband to pay the dowry (except in the cases that the wife forgives it) and he must supply and fulfill the needs of his wife and on the other hand the right of divorce is given to the husband.

The second point here is that according to the psychology the man is the center of intellectuality and the woman is the center of love and emotions, and she might shows her reaction quickly, but it must be taken into consideration that what we just said is not a way in which we insult the women, we do not mean that the women are not intellectual but rather we mean that the aspects of men and women are different from each other, the man needs to be more intellectual and rational for managing the family and its affairs and the woman needs to be more emotional for raising the children, so if the right of divorce was given to the women, it could be a cause for the quick divorce and collapse the foundation of the family that we mentioned that according to the Islamic teachings, it has so high and important position.

The last point here is the recommendation of Islam about divorce. In chapter Bagharah verse 229 we read:

الطَّلاَقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ

“Divorce is twice, then an honorable keeping or allowed to go with kindness.”

Or in another verse i.e. verse 231 Allah said:

وَإِذَا طَلَّقْتُمُ النَّسَاء فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ وَلاَ تُمْسِكُوهُنَّ ضِرَارًا لَّتَعْتَدُواْ وَمَن يَفْعَلْ ذَلِكَ فَقَدْ ظَلَمَ نَفْسَهُ

“When you have divorced women and they have reached the end of their waiting period, either keep them in kindness or let them go with kindness. But you shall not keep them, being harmful, in order to transgress. Whoever does this, wrongs himself.”