In fact...

In fact, divorce may be regarded as an unpleasant and bitter pill which has to be taken in the case of need. Resort to it should not be made unnecessarily and for the sake of caprice. Islamic traditions have described unnecessary divorce as a cause of remoteness from the blessings of Allah. Islam has suggested certain precautionary measures to ward off divorce as far as possible. For example: – Much stress has been laid on the careful selection of the wife.

●Repeated recommendations have been made to treat her well and connive at her minor mistakes which are common in life. – Self-control against sudden outbursts of rage and hasty actions. – Formation of an internal family court to resolve the differences arising between husband and wife. It is possible that the relations between the husband and the wife might sometimes become strained consequent to differences and scolding remarks.

Islam suggests that in such cases a suitable way should be found at the earliest to resolve the differences and there should be no talk of separation so easily. All cases of strained relations are not such that we should be disappointed with the restoration of love and affection. In most cases, it is possible to rectify the position.

Whenever it is not possible for the husband and wife to sort out their differences themselves, their case should be considered by a family court consisting of two arbiters, one selected from the family of the husband and the other from the wife. The arbiters should be sympathetic and experienced so that they may listen to the point of view of both parties, and try to reconcile them.

In this respect, the Quran says: “If you fear a breach between the two (husband and wife), appoint an arbiter from his people and another from hers. If they desire amendment, Allah will make them of one mind”.(2) Obviously, an arbiter should be a trustworthy person, a good conversationalist and fit for making a just arbitration.

The two arbiters are to be selected from among the members of the two families because as such they are expected to have a knowledge of the temperament of the husband and wife as well as of their domestic affairs; and also because they will normally be interested in settling their differences. Effects of divorce From the psychological, legal and social points of view, divorce produces varied effects, some of them being related to the husband and wife themselves and some of them to their families.

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