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for example, went to an extreme of permissiveness in the matter of divorce so that it is granted for quite
trivial reasons. Some Western philosophers warn that this ease in divorce will dilute the sanctity of the
marital bond and erode the very foundations of family life. A well-known judge declared that the time is not
too far off when, in Western countries, marriage will be replaced by a loose and tenuous relationship
between men and women, similar to a commercial transaction, which can be broken for the most trivial
reasons. Since there will be no bond of religion or love between such a pair, they will be united only by their
lusts and the desire to experience a variety of pleasures, a type of relationship which is against the
teachings of every religion:
This phenomenon of regulating personal affairs through civil law is against the teachings of every religion
and is not to be found anywhere in the world except among the peoples of the Christian West; even Hindus,
Buddhists, and Zoroastrians observe religious injunctions in the ordering of their personal affairs. Although
we may find among them those who have made innovations in the teachings of their religions in matters of
public concern, such innovations are not undertaken in personal affairs, that is to say, in marriage, divorce,
and what pertains to family life. (As quoted in Huquq al-insan fil-lslam (Human Rights in Islâm), by ‘Abd al-
Wahid Wafi, p. 88.)
The Christian Stand on Divorce: A Temporary Injunction, Not a Permanent Law
A serious student of the Gospels cannot escape the conclusion that what Jesus (s.a.w.s.) taught was
intended to correct excesses introduced into the divine law by the Jews. His teachings, including his
statements concerning divorce, were never intended to be taken as permanent law for the whole of mankind.
In the Gospel according to Matthew we find the following dialogue between Jesus and the Pharisees: And
the Pharisees came to him and put him to the test by asking, ‘Is it lato dismiss one’s wife for any cause?‘ He
replied, ‘Have you never read that “He Who made them fthe beginning made them male and female, and
said, ‘For this reason a man shall leave his father and mother and shall be joined inseparably to his wife, and
the two shall become one flesh? ‘ ” (Gen. 1:27, 2:24) So they are no longer two but one flesh. What
therefore God has joined together, let not man put asunder.’ They said to him, ‘Why then did Moses
command (us) to give a certificate of divorce, and thus to dismiss a wife?‘ (Deut. 24:1-4). He said to them,
‘Because of the hardness of your hearts Moses permitted you to dismiss your wives; but from the beginning
it has not been so (ordained). I say to you: whoever dismisses his wife, except for unchastity, and marries
another, commits adultery, and he who marries a divorced woman commits adultery.’ The disciples said to
him, ‘If the case of a man with his wife is like that, it is neither profitable nor advisable to merry.’ (Matt. 19:3-
10)
From this dialogue it is clear that by restricting the permissibility of divorce to the case of unchastity alone,
Jesus intended to correct the excesses of the Jews in the indiscriminate application of divorce, which was
permitted under Mosaic Law. This was obviously a temporary remedy, abrogated by the permanent and
universal law of Islâm brought by Prophet Muhammad (s.a.w.s.).
To suppose that Jesus (s.a.w.s.) intended to make this an eternal law for all mankind does not appeal to
reason. We see that his disciples, the most sincere of his followers, were aghast at such a harsh decree,
saying, “If the case of a man with his wife is like that, it is neither profitable nor advisable to marry,” that is,
the moment a man marries a woman he puts a yoke around his neck which it is impossible to remove,
regardless of how miserable their life together may become because of mutual hatred and incompatibility of
temperaments. As a wise man has aptly said, “The greatest torment in life is a companion who neither
agrees with you nor leaves you alone.”
The Islâmic Limits for the Regulation of Divorce
The Islâmic Shari‘ah has placed a number of obstacles in the way of divorce in order to confine it within the
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narrowest possible compass. Divorce without lawful necessity and without first exhausting all the other
means mentioned earlier of resolving the conflict is unlawful and is prohibited in Islâm. Some jurists
maintain, it is injurious to both husband and wife, unnecessarily damaging the interests of the two, which,
like the wasting of property, is haram. “Do not harm yourself or others,“(Al-Mughni by Ibn Qadamah, vol. 7,
p. 77. This hadith is transmitted by Ibn Mâjah and al-Darqutni.) the Prophet (s.a.w.s.) has instructed us.
People who divorce their spouses and marry others in order to enjoy a variety of sexual partners are liked
neither by Allâh nor by His Messenger (s.a.w.s.). The Prophet (s.a.w.s.) called them “the tasters,” saying, “I
do not like the tasters, men and women,” (Reported by al-Tabarani and al-Darqutni) and, “Allâh does not
like the tasters, men and women.” (AI-Tabarani in al-Kabir, on the authority of good transmitters.) Said
‘Abdullah bin ‘Abbas, “Divorce is (only) in the case of necessity.”
The Prohibition of Divorcing During Menstruation
When divorce becomes necessary, it is not permissible for the Muslim to implement it any time he pleases;
he must wait for a suitable time. According to the Shari‘ah, this suitable time is when the woman is clean
following her menstrual period or the period of puerperal discharge following childbirth and before her
husband has resumed sexual relations with her, or when she is pregnant and her husband is aware of her
pregnancy.
The reason for prohibiting divorce during menstruation or the period of puerperal discharge is that, since
during such periods sexual intercourse is haram, the idea of divorce may come to a man’s mind because of
sexual frustration and nervous tension. He is therefore advised to wait until his wife is clean and to divorce
her then, if he is intent on divorce, before the resumption of marital relations.
Just as divorce during menstruation is haram, it is likewise haram between menstruation periods (i.e., “the
period of purity“) if the husband has had intercourse with his wife following the termination of her previous
period. Because it is possible that she may have become pregnant from this union, the husband may
change his mind concerning divorce when he knows that his wife is carrying a child, desiring to stay married
to her for the sake of the embryo in her womb. However, when the wife is in the period of purity but he has
not had intercourse with her following the termination of her menses, or when she is pregnant and he is
aware of it, he will be able to ascertain that his intention to divorce her is the result of deep-seated antipathy,
and accordingly is permitted to carry through with the divorce. In the Sahih of al-Bukhâri, it is transmitted that
‘Abdullah bin ‘Umar divorced his wife during her menstrual period. When ‘Umar mentioned the matter to
Allâh’s Messenger (s.a.w.s.) he became angry, saying, He must take her back. If he still wishes to divorce
her he may do so when she is clean of the menstrual discharge before having intercourse with her, for that is
the period of waiting which Allâh has prescribed for divorce, referring to the ayah, ‘O Prophet, when you
(men) divorce women, divorce them during the prescribed periods.’ (65:1)
Another version of this hadith reads, Command him to take her back and then divorce her when she is clean
from the menstrual discharge or (otherwise) is pregnant.
A question now remains: If a person does divorce his wife during these prohibited periods, does the divorce
become effective or not? The prevailing opinion is that it does become effective, although the husband will
be considered sinful. However, some jurists hold that, as Allâh did not legislate it, it does not become
effective, and whatever is not legal cannot be correct nor enforced. Abû Daoud, on sound authority, has
transmitted that when ‘Abdullah bin ‘Umar was asked, “What would you say if a man were to divorce his wife
during menstruation?” he related his own story of divorcing his wife during her period and the Prophet’s
commanding him to take her back, disregarding his pronouncement of divorce.
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