Marital disputes (including divorce)

Marriage is a social affair and the basis of the family system. Islamic system thus encourages involvement of the elders of both families and the community at large at the time of the marriage. Husband and wife are urged to accommodate each other’s shortcomings and provide a congenial environment for the physical and moral development of their children. Any dispute that surfaces should, thus, first be addressed internally with each partner exhibiting a gesture of generosity and forgiveness. As a second step, if the dispute remains unresolved, the mutually respected elders of the family should be involved to resolve the situation. All efforts are, thus, exhausted to save the covenant of marriage. Divorce has been permitted as a last solution to a socially unresolvable situation and is a permissible least liked by Allah سبحانه وتعالى. It should be clearly understood that the right to divorce should never be used by the husband as a sword ever-hanging over the head of the wife to deprive her of her rights or make her life a misery. There is no justification for a rash decision to divorce and the prescribed procedure of the divorce has been very clearly outlined in The Holy Quran. The rights and obligations of both parties have to be exercised diligently and the believers are reminded to fear Allah سبحانه وتعالى all at all steps. Justice has to be exercised as minimum pre-requisite and an attitude of generosity towards other party is encouraged. The quoted verses of The Holy Quraan outline the principles to be followed in cases of marital disputes. The individual situations would need appropriate application of these principles based on detailed knowledge of The Holy Quraan and The Sunnah of the Prophet Muhammad صلى الله عليه وسلم. We should consult authenticated religious leaders of Mufti level for advice on complicated matters so that we can gain full benefits of following the orders of Allah سبحانه وتعالى in our personal lives.