Kuran'da Kadın

Divorce is a legal dissolution in whole or in part of a marriage relation usually by a court or other body having competent authority: an absolute dissolution of a valid marriage made by decree of court for lawful cause arising after the marriage called also divorce a vinculo matrimonii; distinguished from annulment among some non-Christian peoples: a formal separation of man and wife by the act of one party (talak) or by consent according to established custom. Where there is longer affection, love and mutual respect between the spouses, the matrimonial tie should be broken, since otherwise either of the parties or both of them will suffer. Divorce becomes compulsory as marriage had been between sexes.

The Qur'an insists on the continuation of the matrimony, and only if no positive results can be obtained, must one have recourse to divorce. There is no definite clause on the procedure of divorce. Therefore, it must be decided upon according to the prevailing custom at the time of divorce. Petition to divorce may be brought to court both by man and woman. Incompatibility between the sexes is a ground for divorce that requires a court sentence. Yet, certain traditionalist experts of canon law recognized man the right to unilaterally divorce his wife called talak.

TRY TO GET ALONG WELL WITH YOUR MATES

... live with them on a footing of kindness and equity. If ye take a dislike to them it may be that ye dislike a thing, and Allah brings about through it a great deal of good (4/19)

The Qur'an charges man, in the first place, with the task of trying to get well with his wife. Even though women may at times behave in disapprobatory manners, men must be able to connive at their minor offenses and to be lenient toward them. Attempt at divorce for unjustified causes will be to the detriment not only of the parties but of the entire family. There is an exception to the rule. … except in case they are guilty of some open lewdness, those are limits set by Allah. and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation. (65/1)

IF WOMAN BLOWS HOT AND COLD

… . As to those women on whose part ye fear disloyalty and ill-conduct, admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); but if they return to obedience, seek not against them Means (of annoyance): For Allah is Most High, great (above you all). (4/34)

The Qur'an suggests doing everything possible not to disrupt the matrimonial life. Misunderstandings may occur in any household. It is the husband's duty to admonish her. The Qur'an lays down a three stage-procedure. 1) Admonishing them in the first place; 2) refusing to share her bed; and 3) beat them lightly (or move her away from where she happens to be). Temporary separation of spouses may regenerate in them affection and love. … any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation. (65/1)

Certain Islamic scholars interpreted the Arabic word darb - which has some twenty meanings - having the sense of beating and overlooked the connotation of 'moving somebody away'. The Prophet has always been gentle toward his wives and never maltreated any of them.

IN CASE HUSBAND PROVES TO BE FICKLE

If a wife fears cruelty or desertion on her husband's part, there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best; even though men's souls are swayed by greed … (4/128)

In case the husband proves to be fickle, the Qur'an advises to try to make amicable settlement with him so that the matrimonial is not broken. Such an attempt may promote the renewal of the relationship and peace will reign supreme. This should be tried by the parties without involvement of the other members of the family.

Woman is the indispensable complementary part of man. To establish a home, satisfy their respective sexual desires and procreate are part of the divine law. … Fair in the eyes of men is the love of things they covet: Women and sons …(3/4)

RECOURSE TO ARBITERS

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. (4/35)

The Qur'an desires the continuation of the matrimonial life. God has laid down the means that would contribute to this. If attempt at reconciliation fails, then arbitration becomes necessary. An arbiter is a person having the authority to decide a matter in dispute. The persons to act as arbiters are, according to the Qur'an, the close relatives of the parties or someone else appointed by a judge who will be authorized to reconcile the parties or decide on divorce. If the arbiters appointed are sincerely willing to reconcile the parties, God will help them to be successful.

DIVORCE DECIDED BY ARBITERS/JUDGES

But if they disagree (and must part), Allah will provide abundance for all from His all-reaching bounty: for Allah is He that careth for all and is Wise. (4/130)

If, despite efforts spent for reconciliation of the parties, the result is failure, divorce will be the best solution, since otherwise hatred and enmity will grow in the breasts of the couple. There is no explicit indication as to the procedure to be followed in divorce. The procedure to be followed must be formulated according to conditions and circumstances reigning in a particular society. A person twice divorced may re-tie his/her matrimonial tie with his/her spouse. What is clear though is the right of both spouses to draw a petition for divorce.

The scholars agree on the fact that the judge to whose attention a divorce petition has been submitted on grounds of matrimonial disputes may refer the case to arbitrage, the arbiters to be appointed having the authority to decide on the termination of the conjugal life either for a consideration or otherwise. (See Prof. Dr. Hayrettin Karaman. Islamda Kadın ve Aile, p. 259)

But if they disagree (and must part), Allah will provide abundance for all from His all-reaching bounty: for Allah is He that careth for all and is Wise. (4/130)

The husband must not ask for the return of the dower he had given to his wife. But if ye decide to take one wife in place of another, even if ye had given the latter a whole treasure for dower, Take not the least bit of it back: Would ye take it by slander and manifest wrong. (4/20) However, the ex-wife may, if she so wishes, return her dower. … If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom…. (2/229) Following the pronouncement of divorce the parties must observe decorum. O Prophet! When ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: And fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness, those are limits set by Allah. and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation. (65/1-2)

PRESCRIBED PERIODS IN DIVORCE

Divorced women shall wait concerning themselves for three monthly periods. Nor is it lawful for them to hide what Allah Hath created in their wombs, if they have faith in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And women shall have rights similar to the rights against them, according to what is equitable; but men have a degree (of advantage) over them. And Allah is Exalted in Power, Wise. (2/228)

Three monthly periods are foreseen for the protection of women's rights to be sure if she is pregnant or not. During this period the woman cannot marry another man. This will enable the parties to know whether they have a common child not yet born and to make sure if they are steadfast about their resolution to end their matrimony. The couple may have wrangled for an insignificant matter over which they were at cross purposes and repented afterward. … thou knowest not if perchance Allah will bring about thereafter some new situation (65/1)

It is worth the while for the couple to separate from each other for a time so that they may think it over. Talak, divorce that is effected by the simple act of the husband's rejecting the wife three times before the contract is made null and void. This will enable the parties to think the matter over and avoid being the slave of an impulse. (See. Prof.Dr.Süleyman Ateş-Yüce Kur'anın Çağdaş Tefsiri 1/398)

A divorce is only permissible twice: after that, the parties should either hold Together on equitable terms, or separate with kindness. It is not lawful for you, (Men), to take back any of your gifts (from your wives), except when both parties fear that they would be unable to keep the limits ordained by Allah. If ye (judges) do indeed fear that they would be unable to keep the limits ordained by Allah, there is no blame on either of them if she give something for her freedom. These are the limits ordained by Allah. so do not transgress them if any do transgress the limits ordained by Allah, such persons wrong (Themselves as well as others). So if a husband divorces his wife (irrevocably), He cannot, after that, re-marry her until after she has married another husband and He has divorced her. In that case there is no blame on either of them if they re-unite, provided they feel that they can keep the limits ordained by Allah. Such are the limits ordained by Allah, which He makes plain to those who understand. (2/229-230)