Divorce In Islam
Islam regards the marriage bonds as sacred and blessed. As such, Islam is keen to strengthen the relationship between the two spouses. Allah (subhanahu wa taala) indicates the great value of the marriage bond in Quran Sura Nisa (4:21):” And how could ye take it when ye have gone in unto each other and they have taken from you a solemn covenant”.
In fact, Allah’s Messenger (peace and blessings of Allah be upon him) is reported to have said, which read as follows:” Iblis [Satan], places his throne on water and sends his troops. The closest one [of his troops to him] is that who has the greatest trail and temptation [to mankind]. As such, Satan would bring that member of his troop closer to him [in honor and respect for what he did]. One of the members of Satan’s troops would come forward and reports what [evil activities] he did. Satan would comment: ‘You did not do anything. Then another one of his troops would come forward and report: I did not leave that man [a husband] until I separated him from his wife. Satan would bring that one of the members of his troop closer to him [in honor and respect] saying: Yes indeed. It is you [who deserves the honor]” [65].
Similarly, Allah’s Messenger (peace and blessings of Allah be upon him) demonstrated the respect and honor of the marriage bond by saying, which read as follows:” He is not considered among us [Muslims], who turns a woman against her husband” [66].
Although Islam places great importance on marriage integrity and declares it holy and honorable, yet Islam legalizes divorce that breaks this great bond. Nevertheless, Allah’s Messenger (peace and blessings of Allah be upon him) is reported to have described divorce, which read as follows:” The most hatred lawful item in the Sight of Allah (subhanahu wa taala) is divorce” [67].
Islam reached this decision when marriage reaches a dead end between the two spouses and there is no other solution except divorce. Islam is keen to protect the Muslim family and the Islamic society.
The anti-social behavior of the husband or wife can cause chaos in society. Such chaos may very well lead to mixed lineage, falsified inheritance, deprivation of genuine rights, and the spread of indecency in the community.
Although divorce is lawful, it is still well restricted. In fact, divorce is not a toy in the hand of the person, which he may use it anyway when he or she likes. Muslim scholars illustrate that divorce must take one of the four following forms:
Divorce may be compulsory when the two assigned referees decide it in the case of the disputed spouses.
Allah (subhanahu wa taala) states in Quran Sura Nisa (4:35):” 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, Allah will cause their reconciliation: for Allah hath full knowledge, and is acquainted with all things”.
Divorce is unlawful if there is no sound and visible reason or ground for it.
Divorce is permissible if the husband or wife is vicious in terms of character and attitudes.
Divorce is required, if the husband or wife is not committed to the Islamic teachings, or if she is indecent or vulgar.