By Arman Neyazi, New Age Islam
31 March 2021
Islam is a religion of the masses prescribed by the Almighty
Allah and perfected on Prophet Muhammad (SAW) (Q5:3) and being a universal
religion, it has prescriptions for issues that may arise in future. Marriage
and divorce among spouses are two very important issues. Where there are
marriages, the most likened bond by Allah, there are divorces too, the least
liked out of all the Halal acts in Islam. Even then Islam has prescribed
various ways of divorce so as to not let the people suffer in silence for the
whole life with a love-lost relationship.
Two women
in Uttar Pradesh, India, have given divorce to their husbands using
‘talaq-e-tafweez’. Free Press Journal June 25, 2018
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Islam is a religion based on equality among all genders,
castes and creeds, as Prophet Muhammad (SAW)’s last sermon, declares, “an
Arab has no superiority over a non-Arab nor a non-Arab has any superiority over
an Arab; also a White has no superiority over a Black nor a Black has any
superiority over a White except by piety and good action”. So Allah has
given equal opportunity to women as men of breaking the bond of marriage.
There are Ahadees and Allah’s commands in the holy Quran
concerning the divorce and everywhere it has been mentioned that Allah does not
like spouses divorcing each other. Thus it is good that the Nikahnama itself
has started getting mentions of divorce and conditions of running a marriage
foolproof.
Following are the ways of breaking the bond of marriage
prescribed by Islam:
a. Talaq
b. Khula
c. Talaq by the
Wife through Delegated Right of Divorce - Haq-e-Tafweez-e-Talaq
d. Judicial
Divorce
Talaq-e-Tafweez
Talaq-e-Tafweez is a way of divorce which empowers a
wife to divorce a husband, if she has been delegated this power by her husband.
The right to annul one’s own marriage is a unique provision provided by Islam
granting the women empowerment of living their life as per their own desire.
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Also Read: What is Delegated
Divorce (Talaq-e-Tafweez or Talaq-e-Tafwid)?
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Although this power is delegated to the wife by her husband
after the marriage, orally or in writing, or by her would be husband at the
time of Nikah before the marriage is solemnized. This delegated power to
divorce can be used by the wife with the pronouncement of “I divorce myself”
not that “I divorce you” because she is not divorcing her husband but divorcing
herself by the powers bestowed upon her.
If there are any pre-conditions like ‘Roti, Kapda and
Makan, although the husband accepts to fulfill these in his Nikah, are mentioned in the Nikahnama for the
Talaq-e-Tafweez to be practiced and the husband fails to live up to those
conditions Talaq-e-Tafweez can be brought in practice, that is the wife can
self-divorce.
Quran says: The
relationship between the spouses should ideally be based on love (Mawadda Wa
Rahma, 30:21), simultaneously it also advocates bringing the marriage to an
end if there is no love, respect and mutual understanding left between the
spouses (2:231). Islam understands that human being cannot live in an
atmosphere of disbelief and misunderstanding and it is more painful for a woman
to live with a partner with whom mutual understanding is lost hence women are
given a way out of the marriage through Talaq-e-Tafweez.
Courtesy:
Your_Legal_Guardian/Facebook Page
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There is no problem in the world which cannot be solved by
discussing it and by giving time to it. So is the divorce. Divorce is
pronounced in a very difficult time with a heavy heart. These days, most of the
time divorces occur because of our ego or social norms. We must consider this
Hadees: The most hateful permissible thing (al-Halal) in the sight of Allah is
divorce." (Abu Dawud, Hadith 1863, Ibn Majah, Hadith 2008) before going
for the act.
The believers recite Quran, read Hadees, listen to preachers
of every school and nowhere do they find any glorification of divorce, even
then divorce has become as common in Muslim community as with any other. Let us
not make it a norm. But it is good and we should be thanking God for allowing a
way out in such contingencies, something no other religion allowed. This is a
big plus point for Islam.
And Allah knows the best.
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Arman Neyazi is a columnist with NewAgeIslam.com
URL:
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