Moreover the procedure of
divorce in Islam is such as to encourage reconciliation where
possible. After divorce the woman should wait three monthly cycles
during which her husband remains responsible for her welfare and
maintenance. He is not permitted to drive her out of the house
during this period. She has been advised not to leave the house of
the divorcing husband, in order to enhance the chances of
reconciliation, as well as to protect her right of sustenance
during the three months waiting period. The main purpose of this
waiting period is to clarify whether the divorced wife is or is
not expecting a child. Its second use is as a cooling-off period
during which the relatives and other members of the family or of
the community may try to help towards a reconciliation and better
understanding between the partners.
The Qur'an says:
"And if you fear a breach
between the two, then appoint judge from his people and a judge
from her people; if they both desire agreement, Allah will
effect harmony between them, surely Allah is Knowing, Aware."
(4:35).
If they are reconciled they may
resume the marriage relations at any time within the waiting
period, whereupon the divorce is automatically revoked. If further
trouble arises and divorce is pronounced a second time, the same
procedure is followed. Only if the matter reaches a third divorce
does it become irrevocable. The wife is then to leave the house
and is free after three monthly cycles to marry another man if she
wishes. The first husband is not then permitted to remarry her
unless she has in the meantime married another man and been
divorced in usual legal manner.
This procedure is the normal one
followed if the husband is the one seeking divorce or if the
divorce is by mutual consent. If the wife seeks divorce against
the wishes of the husband she may take her case to the court and
obtain divorce.
An instance was reported at the
time of the Prophet when a woman came to him saying that although
her husband was a good man and she had no complaint against his
treatment, she disliked him greatly and could not live with him.
The Prophet directed that she should return to the husband a
garden which he had given to her as her dowry, as the condition of
her divorce. This procedure is sanctioned in the Qur'an where
Allah says:
"And if you fear that they may
not be able to keep the limits of Allah, then there is no sin
for either of them, if the woman redeems herself with that"
(2:229).
One may observe that modern
developments in marriage law in England and other Western
countries are tending towards the Islamic pattern, albeit
unconsciously, in many ways, stressing guidance and counselling
before divorce, privacy of divorce proceedings and speeding of the
process of divorce once it has been established that the marriage
has irretrievably broken down.
The law of Islam does not
therefore compel unhappy couples to stay together, but its
procedures help them to find a basis on which they can be
reconciled with each other. If reconciliation is impossible the
law does not impose any unnecessary delay or obstacle in the way
of either partner's remarriage.
Another right of the Muslim
woman which is a part of Islamic law is the right to inherit
property. The method of division of inheritance is clearly laid
down in the Qur'an and the general rule is that man gets double.
This may if taken in isolation from other legislation appear to be
unfair; however, it must be remembered that in accordance with the
verse of the Qur'an quoted earlier, men are charged with the
maintenance of all the women and children in their family, and
therefore their necessary obligations of expenditure are far
higher than those of women. The half-share that a woman inherits
may therefore be considered a generous one since it is for herself
alone. Any such money or property which a woman owns or any
business which she runs is entirely her own and her husband has no
right to any of it.
Status of Women 