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Islamic Marriage and Divorce Essay

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Updated: Mar 20th, 2022

Introduction

The family and marriage impacts the society in a very great way. The family is a vital element in the setting up of a society. The family is the building block for any society and without marriages, families cannot exist. Good families are a result of successful marriages. The order socially revolves around instincts marriage and family. The natural hunger and desire for sex has led to the creation of marriages since time in memorial. The maintenance of descent of the society for the lineage of mankind is a very important issue in many communities and societies.

Marriage and divorce are key identity features for the Muslim society and families. They are also symbols of the Islamic tradition. The family being the basic unit of a society which is also a principle in the Islamic society its genesis is the relationship between a husband and a wife.

Marriages among the Islamic society

Marriages among in the Islamic society are categorized into five. The marriages are described by jurists and include he following; fard which is compulsory. In this situation the individual is expected to have all resources for the genesis of a family life. These resources encompass attainment of adulthood and earning a livelihood, health and have a residence. This should be accompanied by the certainty that if the individual does not marry he is likely to engage in the sin of commission of zina. If he fails to marry he is considered as sinful. The second category is Wajib which is obligatory. This is in a prophesied situation where there is a probability of the person committing a sin1.

The third group is unlawful also known as haram. This is mostly identified with circumstances where the individual does not have the full requirements and also the individual is sure after the marriage he will commit a major sin. Another category which is more or less similar is where the person is likely to behave unjustly toward his wife even after marriage and is highly vulnerable of committing major sins against the wife. Crowning it all is where there is no injustice likely to happen i.e. if neither a major sin nor the individual is well prepared and has all the requirement of a marital life therefore this is referred to as the way of Allah hence the individual is a messenger of Allah.

Importance of marriage to the Islamic society

The introduction of marriage in based on certain objectives which are believed to be commanded to man by Allah which he should live his life under. The objectives are diverse and are linked to the principles dictated by their holy book the Qur’an and other significant objectives of marriage like the nikah.

The key element is taking care of the Human morals. According to the Muslims, Allah created the earth and crowned man above all creation. He is the administrator of the affairs of the universe operations. Marriage has been used as the mode of fulfilling the natural need of a human being. Through this it has been made possible to maintain the human cultures and morals5. The Qur’an has termed marriage as the make of a fort which is strong and rigid to control and protect the human morals5. For the maintenance of mutual benefits for both men and women in marriages the protection of human morals is important so as to avoid incidences of fornication2.

The development and establishment of an Islamic society, the Shariah law should be followed to the later hence the nikah which governs the marriage and all that revolve around it should be followed. This is one of the means adopted by the Islam to achieve the end of an Islamic society. This is acquired through the fact that marriage is protected and people are able to meet their natural needs in the natural way. The social responsibilities are also not neglected in any way therefore the society is well knit and established on the key principles that take care of humanity.

As the different individuals take up their responsibilities they build up good elements in their society which when they progress they yield good elements whose adoption is a beneficial vital achievement for the society at large. It helps also build love and affection among the spouses. The achievement of this is happiness and satisfaction for spouses.

In the Islamic society, some factors hold a lot of water when it comes to marriage. For example the social stratification which social class one belongs to and the person seeking a hand in marriage. The individuals should protest the same faith for the marriage to be authorised in the Islamic society. Equity in the social status, health, wealth and property is sort to allow for a smooth flow in the marriage3.

For the marriage to be officiated the husband is supposed to pay a dower which can be prompt or deferred meaning can be paid at a later date. This can be agreed dower, like or minimum dower. The agreed is what they will agree at that particular time while like is a dower that is set for a particular family and the minimum does not limit anyone he can give according to his wealth. There are special situation which can make the dower be dropped for example; if the wife is divorced after the marriage contract without cohabiting.

Islamic societies do not highly advocate for mixed marriages in that with people from different faith. But in case such occurrences appear they children follow the faith of the mother therefore if the mother is a Muslim the children are termed of the Islamic faith automatically. When marriages do not work issues which defile or break the moral values according to the Islamic law divorce comes in. Divorce starts with a separating before it matures up to full or complete divorce4.

Divorce

In the Islam society, divorce is not a taboo neither an abomination. They allow divorce where it calls for and necessitate it. Their ruling on this is reluctant, for they neither indicate liking or recommending it. Despite the fact that it is allowed the prophets term it as the most ostracized by Allah among the lawful things.

Though divorce is lawful the grounds under which it is allowed are not publicized which should not be mistaken to the weight given to the matter. It is in deed highly valued. It has been feared that the results of publicizing the grounds for divorce would cause more damage than good. Though the matters of divorce are so much inclined to the Muslim religion guidelines, some of these rules people may not term as genuine.

The principle and fear of cleaning dirty linen in public to some point hinders the Islamic society to expose the grounds under which they would legalize divorce. This is done in the court apart from very special circumstances which may call for the exposure of these situations. The court determines the the way out in case the husband and wife are separating The Quran states clearly that, if it is feared that the two may not be able to keep the boundaries given by Allah they should not be blamed if she gets out of the marriage tie. Therefore, it seems certain that hopelessness and failure of either of the parties in the marriage can necessitate divorce according to the rules governing them. Failure to discharge their marital duties seems as the key issue that can substantiate divorce.

The fact that the grounds or the basis for allowing divorce are so much hidden, there are some signs or indices that can be used to indicate grounds that may be used. The fact that a problem between the husband and wife has progressed to the level of being heard in court; this in itself sends an alarm to the individuals involved. Others signs are for husband serves long time in jail for the husband. They also have long absence without any information and may therefore not even be able to cater for the needs of the family. Impotence and chronic illnesses are also possible indicators for divorce6.

The Islamic law allows for up to three times of divorce but the wife must be in the period of parity. After the divorce the two have an opportunity to reconcile as they wait for the time of divorce to pass. If this time passes without have accomplished the reconciliation they are then fully divorced. If they reconcile and the hostility continues there is a provision for divorce a second time. Still believe you me they can reconcile a second time. With the third divorce she is totally barred from him. After this judgement, she is therefore allowed to get married to any other man.

Against the norms of many, in the Islamic society a woman can also divorce her husband. This type of divorce is referred to as delegated divorce. And also it is possible for marriage to be dissolved through a mutual agreement which is referred to as Khula6 Wponline.Org. Islamic law regarding divorce. WPONLINE.ORG, 2002 (1). Web.

The immediate results of divorce is the waiting period which last for three months under normal circumstances but in case of a pregnancy it lasts for the life span of the pregnancy. This period acts as an audition period where reconciliation is allowed. It also gives time to check out whether the wife carries the man’s baby or pregnancy and allows time for planning. During the waiting period the husband takes care of and hosts the wife in his residence. He is not allowed to harass her and in case it happens, it is both a criminal and moral offence.

In case of the divorce, the mother has the right to stay with the children and the husband is obliged to provide for the needs of such children. Among the Islamic society divorce is as practical as marriage is. Nevertheless reconciliation attempts are advocated for and no wonder it has not been purely made a judicial issue for nowhere has courts even reduced divorces2.

Considering the guardianship of the children the mothers are the first guardian while the second are the spiritual guardianships. The children remain with the mother because it is believed that the mother can move with the students to another marriage in case she gets married after the divorce.

Conclusion

Marriage is the genesis of a family which is the basic unit of a society. Marriage is very vital for any society for it is a basic unit of socialization. For individuals to be responsible citizens and ambassadors of their faith and cultures it calls for a good orientation. Marriages should therefore be supported and well taken care of.2 Al Qaradawi, Yousef. The Lawful and the prohibited in Islam. Witness-pioneer.org, 2009(1). Web.

Marriages can be dissolved under different circumstances and pave way for divorce. Divorce is not the best solution for marriage but more so individuals should concentrate on reconciliation.

Works Cited

Ali, Muhammad. . Pakistan: aaiil.org. 2007(2-9). Web.

Al Qaradawi, Yousef. The Lawful and the prohibited in Islam. Witness-pioneer.org, 2009(1). Web.

Huda, Naser. The Islamic Marriage Contract: Required elements for a legal Islamic marriage. 2009(1). Web.

Morley, Jeremy. International family law: Islamic family law. US: International Family Law, 2009 (1). Web.

Sham, Shahzad. Some aspects of marriage and divorce in he Muslim family law. Malaysia: International Islamic University. 2008(1). Web.

Wponline.Org. Islamic law regarding divorce. WPONLINE.ORG, 2002 (1). Web.

Footnotes

  1. Ali, Muhammad. Islamic law of marriage and divorce. Pakistan: aaiil.org. 2007(2-9). Web.
  2. Sham, Shahzad. Some aspects of marriage and divorce in he Muslim family law. Malaysia: International Islamic University. 2008(1). Web.
  3. Huda, Naser. The Islamic Marriage Contract: Required elements for a legal Islamic marriage. 2009(1). Web.
  4. Morley, Jeremy. International family law: Islamic family law. US: International Family Law, 2009 (1). Web.
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