Talaq; Khul'; Mubarat
As separation is the result of irreconcilable discord, it may be of the same three types which were mentioned in section 34.
1. Talaq: This is usually translated as 'divorce'. When the husband is fed up with the misbehaviour of the wife and wants to dissolve the marriage, it is called "talaq " in Islamic terminology.
O' Prophet, when ye do divorce women, divorce them at their prescribed periods and count (accurately). .
. (Qur'an, 65:1)
2. Khul`: If the wife is suffering from the ill-treatment of the husband and wants to get free from him by offering some indemnity, it is called "khul"'.
... If ye do indeed fear that they would be unable to keep the limits ordained by Allah, then there is no blame on either of them if she gives something for her freedom ... ( Qur'an, 2;229)
And if they disagree (and must part) Allah will provide abundance for all from His Allreaching bounty ... (Qur'an, 4:130) Thus all three ways of dissolving the marriage are allowed in Islam.
But in all these cases, marriage can be dissolved by the husband's consent only. He has the authority to perform talaq, khul` or mubarat.
Again, advocates of the "equality of sexes" will frown on this provision. Therefore, it is better to mention that in Western countries where the woman has been given the right to divorce her husband, 80% of the applications of divorce are lodged by wives. And, many is the husband who only comes to know that his wife had divorced him when she is already married to another man.
As has been mentioned earlier, the outlook of woman is dominated by emotion; and if they are given the right to dissolve the marriage, they 3. Mubarat : If both are tired of each other, and want to dissolve the marriage, it is called "Mubarat" are more likely to think of divorce on the slightest of pretexts.
The Qur'an reproves the `People of Book' that they believe in certain parts of the Book and reject other parts. It is their tendency from the very beginning. Faced with the difficulties created by Christian doctrine, they turned towards Islam to borrow a leaf from its shari `ah, and adopted the principle of divorce. But the deep-rooted prejudice against Islam prevented them from adopting it with all its necessary details. Divorce was adopted, but details were ignored. Result?
In California, 2,000 marriages were performed in one year; and within same period 641 divorces were granted. In other words there was one divorce against every three marriages. This abundance of divorce in Christian societies may also be a reaction to the unreasonable restraint of Christian churches.
Adopted from the book: "The Family Life of Islam" by: "Sayyid Saeed Akhtar Rizivi"
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