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Islam and Divorce 2 - Al-Shia The Scientific and Cultural Website of Shia belief Islam and Divorce 2 2023-02-22 376 Views Islamic Rulings , Divorce In continuation of the discussion on the topic titled “Islam and Divorce”, we shall focus on other relevant aspects of the topic here. Islam had also done much to protect the wife’s rights and to save her from having to continue to live in an unhappy environment.

Among beneficent measures are the following: The wife can insert a clause in the marriage contract ensuring that: (a) incompatibility of temperament (b) maltreatment (c) refusal of maintenance (d) unannounced journeys (e) the taking of another wife without consultation is so provided that if any of the above five conditions are broken she can approach a lawyer to obtain a divorce for her through the courts.

The wife can make it impossible for her husband not to divorce her by being intolerably refractory, vexatiously shrewish or deliberately incompatible in relationships, familial, sexual or social; The wife can resort to the courts if the husband has been incapable or negligent in supplying her with maintenance or has put obstacles in the way of her obtaining it; or if either partner deprives the other of conjugal rights or fails in marital duties; the Muslim Qadhi, if the woman’s plea is proved, can compel the husband to treat her right, to be reconciled, to disburse the proper sums, to confer her rights upon her in every form: and if the husband proves recalcitrant, or refuses to obey the judge’s orders, the judge can then compel him to divorce his wife; The wife can enter a plea in the Islamic court and obtain an injunction if the husband accuses her of lewdness, unchastity or unfaithfulness, or denies his own paternity of her child if the husband cannot prove his case the judge will order the husband to separate himself from his wife in accordance with the relevant legislation; The wife may, in the case of intolerable revulsion or aversion, in a simple fashion bring about the discontinuance of their union by renouncing a large part of her marriage portion, while freeing her husband from his obligation to pay her alimony during the “Iddat” breathing space period; the wife, if the husband absents himself so that no news of him reaches her and she falls into financial or other difficulties, can resort to the courts and request a divorce.

the judge will then perform the necessary formalities to annul her marriage contract.