The Majestic Quran
65. At-Talaq The Divorce This Madinan chapter deals with the subject of divorce: proper method, prescribed waiting term, maintenance expense, the custody and breastfeeding of the child. It was revealed after Chapter Al- Baqarah’ s passage on family law (222–242). The blessed Messenger r described divorce as, “the most abhorrent of permissible things” (Abu David). Ali, the fourth caliph, said, “The Divine Throne trembles when someone gives divorce.” Islam allows divorce only when life as husband and wife becomes unbearable and could lead to damaging welfare and the quality of life. The Islamic divorce as described here specifies that divorce should be given at the end of the menstruation period. Once the husband has given the notice of divorce to his wife, in the presence of two just witnesses, she must stay in her home and must not leave. This is not the end of the marriage. What happened during the heat of the moment in a state of anger may dissipate; reconciliation may occur. The prescribed waiting time of three menstruation periods is effectively a cooling-off period. This is the revocable divorce, and husband and wife can resume their marital life without a new wedding contract ( Nikah ) within the waiting term. The divorce according to Shariah is a simple, straightforward, short and equitable procedure compared to the complicated , expensive and torturous procedure in other legal systems. It’s good to notice how the recent changes in British Law are catching up with the Shariah.
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