AN ASSESSMENT OF TALAQ AND ITS CONSEQUENCES IN ISLAMIC LAW

AN ASSESSMENT OF TALAQ AND ITS CONSEQUENCES IN ISLAMIC LAW

Introduction

The institution of marriage is the foundation of Muslim society. Islamic law therefore pays considerable attention to the principles guiding the contract of marriage as well as its dissolution. Islamic law vests the right of divorce in the husband through Talaq. Foremost, Islamic law discouraged divorce except in certain circumstances where it is inevitable and instead, the law recommends forbearance, patience, self-restraint and continuation of marital relationship even in the face of disagreement and some sufferings. The prophet (S.A.W) said that ―of all the permitted things, divorce is the most abominable to God‖1 Even when a husband is not satisfied with his wife, the Quran enjoins forbearance. It says ―And retain them (the wives) kindly. Then if you hate them, it may be that you dislike a thing while God has put abundant good in it‖2 Abu Hurayrah (R.A.) reports the prophet to have said ―let not the faithful man hates the faithful woman; if he dislikes some of her habits, he may like others‖3

In Islamic law, divorce is permitted as a matter of necessity for the avoidance of a greater evil which may result from the continuation of a marriage in order to achieve peace in the family which is the first unit of the society, because peace among members of the family amounts to peace in the society and peace in the society will enhance progressive development. Before divorce is pronounced, Islamic law recommends firstly for an attempt at reconciliation depending on the source of the marital disputes. Thus, if the source of the conflict is on the part of the husband, the law requires the couples to amicably resolve their differences as reconciliation is the best.4

And where the source of the conflict is from the wife, i.e. where she is disobedient to her husband, the law recommends certain disciplinary measures to be taken by the husband against the wife to make her return to obedience 5 and lastly where the source of the dispute is not known whether it is from the husband or the wife, the law recommends that two arbiters one each from the couples‘ families should be appointed to look into the conflict with a view to reconcile the couples,6 Thus if after these attempts at reconciliation, the couples could still not reconcile, the law permits the spouses to part ways.7

When pronouncing the divorce, the law requires that the pronouncer must have a complete legal capacity to do so8

TOPIC: AN ASSESSMENT OF TALAQ AND ITS CONSEQUENCES IN ISLAMIC LAW

Chapters: 1 - 5
Delivery: Email

Number of Pages: 82

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