If both neglect their duties towards each other...
If both neglect their duties towards each other, then there is a need of some helping hands to end the conflict. Therefore, Allah has ordained: And if ye fear a breach between the two, then appoint two arbiters, one from his family and the other from hers; if they wish for reconcilement and peace, Allah will cause their reconciliation , for Allah is Omniscient Allknowing. (Qur'an, 4:35) This arbitration may be resorted to even in the first two situations when only one party is at fault. 35.
SEPARATION Some discords become very complicated and defy all solutions, and family-life becomes extremely intolerable. In such cases, only two alternatives remain 1. to leave the couple in the same condition, which in the words of the Qur'an is: "The torment of the Fire;" to release them from the bond of marriage, so that each can find another suitable lifepartner. Common sense prefers the second alternative; and Islam has adopted the same. Christianity prefers the first alternative, i.
e., to compel the couple to remain as man and wife even if they intensely hate each other. It is based upon the following alleged words of Christ It hath been said, Whosoever shall put away his wife, let him give her a writing of divorcement. But I say unto you, that whosoever shall put away his wife, saving for the cause of fornication, causeth her to commit adultery: and whosoever shall marry her that is divorced committeth adultery: (Mathew, 5:31 -32).
Let human nature decide whether it is only the fornication which pollutes the matrimonial atmosphere ? Does not hot temper or flaunting each other's rights create equally intense discord? Is not negligence in maintenance, disloyalty, desertion, or disobedience enough to turn the home into a Hell? It is necessary here to emphasize in so many words the wisdom of divorce in many cases, as allowed by Islam.
Suffice it to say that now even the followers of those religions which do not allow divorce are resorting to parliaments to establish "divorce" in their countries' legal systems, sometimes in face of fierce opposition from their churches and religions. The Hindu religion does not recognize divorce; Hindus a few years ago made divorce a part of their legal system through the "Hindu Code Bill".
The Anglican church is opposed to divorce; Anglicans through an Act of Parliament (of which all the Bishops are members) have allowed them selves to be divorced by the courts. And here is an interesting side-light.