Misuse of the Right to Divorce
Question
Title: Misuse of the Right to Divorce Question: Don't you think that triple talaq practice [1] in Islam is unfair? Its origin might have been benign but all over the Islamic world this is very well misused my men in order to divorce women easily and start over with a new life. Hardly is it found that men marry multiple women to support a widow's children as suggested in the Qur'an. Look around you and you will find men, especially older marrying virgins!! Women on the other hand have much difficulty to go for divorce. What purpose does the phrase in Qur'an serve: " In whose hand the contract of marriage is" when women do almost everything that men do (maybe not in poor Islamic countries) and men can issue divorce so easily and mostly when it is unfair? Is it sufficient to be satisfied by the belief that God will punish those men eventually and let the woman suffer for now on earth, as she will be rewarded later in afterlife? Please note: I do understand that the Qur'an says that talaq should not be misused but misuse is most often the norm. Don't you agree? Hasn't the law given by "God" through prophets failed to bring happiness to mankind? Thanking You Sincerely Answer: Reply I am extremely sorry for not being able to understand the connection between the exploitation of women and the law relating to divorce. In your question, you have stated: Don't you think that triple talaq practice in Islam is unfair? Its origin might have been benign but all over the Islamic world this is very well misused by men in order to divorce women easily and start over with a new life. I would first like to clarify that the law of divorce of the Qur'an has generally been grossly misunderstood. Islam has not recommended any such thing as the "triple talaq practice". For the explanation of the law of divorce of the Qur'an, please refer to my previous writings on the subject. Islam has only allowed review of the decision of divorce twice after the initial declaration of divorce within a particular time. The reason for this allowance, obviously, is to safeguard against the breaking-up of the family. A man may or may not take advantage of this allowance. However, it should remain clear that divorcing a woman three times in one go is against the clear teachings of the Qur'an. For the proper organization of the family, Islam has placed upon the husband the responsibility and the authority to head the family structure. However, as is the potential in all authority structures, a husband may misuse the authority bestowed upon him by the Shari`ah and exploit his wife and other members of the household. In such a situation, Islam allows the state to interfere and stop, and even punish, the husband. Humankind has generally been refused and deprived of happiness through the exploitation of those in authority. It has generally not been the nature of the law of a society but the corruption of the individuals implementing that law which has caused pain and suffering of the weak. Islamic teachings are no exception. The corrupt can even use these divine teachings for their own advantage. In such situations, it is the duty of the state authorities to deal with these people with an iron hand. However, as we are aware of the fact that even the most efficient of systems has never been able to bring all its criminals to justice. It is because of this inherent weakness of human systems that Islam has reminded those who misuse their authority that even if they escape justice in the present life, they shall have to face the dire consequences of their corruption and exploitation in the life hereafter. Thus a man who misuses the authority that the Qur'an has bestowed upon him for the proper functioning of the family, can and should be punished by the state. However, if such a man escapes punishment in his present life, he should remember that he shall soon be presented before the Lord and the King of the worlds and shall have to pay for all injustices that he has been guilty of. 13 th October 1999 [1] i.e. pronouncing three divorces at the same time.
Answer
Title: Misuse of the Right to Divorce Question: Don't you think that triple talaq practice [1] in Islam is unfair? Its origin might have been benign but all over the Islamic world this is very well misused my men in order to divorce women easily and start over with a new life. Hardly is it found that men marry multiple women to support a widow's children as suggested in the Qur'an. Look around you and you will find men, especially older marrying virgins!! Women on the other hand have much difficulty to go for divorce. What purpose does the phrase in Qur'an serve: " In whose hand the contract of marriage is" when women do almost everything that men do (maybe not in poor Islamic countries) and men can issue divorce so easily and mostly when it is unfair? Is it sufficient to be satisfied by the belief that God will punish those men eventually and let the woman suffer for now on earth, as she will be rewarded later in afterlife? Please note: I do understand that the Qur'an says that talaq should not be misused but misuse is most often the norm. Don't you agree? Hasn't the law given by "God" through prophets failed to bring happiness to mankind? Thanking You Sincerely Answer: Reply I am extremely sorry for not being able to understand the connection between the exploitation of women and the law relating to divorce. In your question, you have stated: Don't you think that triple talaq practice in Islam is unfair? Its origin might have been benign but all over the Islamic world this is very well misused by men in order to divorce women easily and start over with a new life. I would first like to clarify that the law of divorce of the Qur'an has generally been grossly misunderstood. Islam has not recommended any such thing as the "triple talaq practice". For the explanation of the law of divorce of the Qur'an, please refer to my previous writings on the subject. Islam has only allowed review of the decision of divorce twice after the initial declaration of divorce within a particular time. The reason for this allowance, obviously, is to safeguard against the breaking-up of the family. A man may or may not take advantage of this allowance. However, it should remain clear that divorcing a woman three times in one go is against the clear teachings of the Qur'an. For the proper organization of the family, Islam has placed upon the husband the responsibility and the authority to head the family structure. However, as is the potential in all authority structures, a husband may misuse the authority bestowed upon him by the Shari`ah and exploit his wife and other members of the household. In such a situation, Islam allows the state to interfere and stop, and even punish, the husband. Humankind has generally been refused and deprived of happiness through the exploitation of those in authority. It has generally not been the nature of the law of a society but the corruption of the individuals implementing that law which has caused pain and suffering of the weak. Islamic teachings are no exception. The corrupt can even use these divine teachings for their own advantage. In such situations, it is the duty of the state authorities to deal with these people with an iron hand. However, as we are aware of the fact that even the most efficient of systems has never been able to bring all its criminals to justice. It is because of this inherent weakness of human systems that Islam has reminded those who misuse their authority that even if they escape justice in the present life, they shall have to face the dire consequences of their corruption and exploitation in the life hereafter. Thus a man who misuses the authority that the Qur'an has bestowed upon him for the proper functioning of the family, can and should be punished by the state. However, if such a man escapes punishment in his present life, he should remember that he shall soon be presented before the Lord and the King of the worlds and shall have to pay for all injustices that he has been guilty of. 13 th October 1999 [1] i.e. pronouncing three divorces at the same time.
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