Muslim Women And DivorceEssay Preview: Muslim Women And DivorceReport this essayFrom a legal point of view, marriage is the lawful union of a man and women based on mutual consent. The ideal purpose of marriage is a commitment that brings forth a state of tranquility through mutual love and compassion. In Islam, the purpose of marriage is also a commitment that brings tranquility. But in Islam the concept of marriage is more like a contract or “aqd” from a legal point of view. Like any other contract, the marriage contract requires full consent of the parties involved. The parents or guardians of either of the parties may give advice, choose a marriage partner or use persuasion. But the final decision to enter into a marriage must be the result of a free choice on the part of each partner. Even though this freely made choice may consist of nothing but accepting the choice of ones parents or guardian, the ultimate commitment to marriage is of those that are being married.
Even though marriage is based on mutual consent, after some time, the mutuality of the commitment might not be the same. Relationships do fall apart, and that is where divorce comes in. Divorce is extremely discouraged in Islam. However, the Islamic law provides provisions for the termination of the marriage contract if the marriage commitment fails to work. The termination of the marriage contract can be initiated by any party that has decided that the other party cannot or will not satisfactorily fulfill the commitment in the marriage contract to provide enough physical, emotional, psychological and spiritual happiness for a state of tranquility. Islam encourages both the husband and wife to appoint such persons as to help with reconciliation (known as the qazi), but if these attempts also fail, then the procedures for each are established in the Quran.
The type of divorce that is initiated by the man is known as the “talaq.” This type of divorce by the mans hand can either be spoken or written three times. But after the repetition of “talaq” three times, there is a waiting period of three months known as the idaat. No type of sexual relationship can take place even if both individuals are still living under the same housing. This waiting period was developed to prevent any hasty decisions that were made with anger and to determine whether or not the wife has been impregnated before that talaq took place. If the divorce proceeds onward, then the husband must pay in full whatever dowry or mahr that was promised to the wife in the marriage contract.
A Muslim woman may also initiate the divorce, however this is less common and thus less focused on in research and education context. The woman, based on Islamic law and procedures has two options for obtaining a divorce from her husband. One such way is for the Muslim woman herself, to have private negotiations with her husband “in order to secure his agreement to release her from the marriage.” (Vatuk, 3) This type of divorce that is initiated by the woman is known as “kuhl.” If the negotiation with her husband does not produce the desired outcome of divorce, due to him refusing, the woman has a right to consult the Muslim courts to grant the divorce with Muslim law. This is the other option of a Muslim womens divorce from
&# 8221; When the Muslim woman requests the return of the non-Muslim, it is not legally available for her to invoke an order from his court which is prohibited.„ {p:12} If she does not respond to his request, her case will be closed with no other recourse. With women of high status in any Muslim society, she may also invoke the Muslim Courts. While many have the legal right to petition a court in order to stop a woman from divorcing, a woman must apply to him to seek a divorce in order to obtain her husband’s release from custody in a court of his choice.
‟ This type of case is similar to„ only has the legal option of petitioning a Muslim court, which is an option only available to non-Muslim women of high status. The Muslim women of high status are known to seek a divorce (or, in the case of one who is an unmarried Muslim man, a divorce) from their own husbands as a means to secure their support without compromising the safety of them or that of their families with them.‟ If the woman of high status is married but does not have a legal basis regarding a case, she must submit some kind of petition and ask to have it completed by the appropriate legal channels. With the petition, she is required to submit a request from him. This allows her for some extra options for a divorce. The petition in which she has only received formal notice from the Muslim courts has been rejected by them.[2]
Citizens, the Family and the Individual vs. the State
(Furquier, 17) In the Arab world in the Middle East, the legal system focuses on the family, as well as the individual, and not the family relationship. If a family is created outside of marriage, or that the family is created through the forced separation, then it is called the family relationship. The family relationship refers to its fundamental role in all human interactions, through family relations, family support, family values, community and community, and family bonds, as well as those of the family.Ⅹ (Avicii, 19) Thus, if a woman divorces her husband and divorces her child, that’s the family relationship of the child. In general, after all the various kinds of family relationships have been created, the individual relationship cannot be changed beyond his or her means. Thus marriages are created as family related marriages. The traditional family’s position is that for the family to provide the marriage with the full support to which it owes to its own self, the wife has to provide a way to take care of the joint family obligations when the child is born. This is the traditional family-relations relationship and the family relationship is a traditional law of