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DIVORCE

  • The two honest men are clearly meant to have a final attempt at reconciliation; so is perhaps the hope behind the command to keep the "wife in your own home" for the full waiting period. A woman pregnant with one's owns child invokes very strong protective instincts in the father and 7-8 months is a very long interval indeed for anger to persist.
  • However, if it has to be a divorce, despite these wise safeguards, the woman is not left destitute. Chapter 2 categorically lies down: -

    "Reasonable provision should be made for the divorced woman. This is incumbent on righteous men"

    (From Holy Qur'an 2/241)

  • In all other cases of inheritance, compensation etc., the code is specific about the exact amount. Only in this case, since a large number of variables is involved (blame for the divorce, dowry, children, age, etc.) The amount has been left to the wisdom of the ummat and the conscience of the man, to be decided on a case by case basis. The only injunction is that it has to be "reasonable" and that,


    "Let the rich man spend according to his wealth and the poor man according to what Allah has given
(From Holy Qur'an 65/7)
The final word on divorce is the ISMA. This is a right given to women to ask for a divorce if they so wish. This right is to be included in the marriage contract and can even be incorporated in it at a later date. To the best of my knowledge no other code in the world temporal or religious, has ever conferred such liberal rights on a woman
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