ভূমিকা

Shiavault - a Vault of Shia Islamic Books The Origin of Shi'tte Islam and It's Principles 8 (b) Talaq (divorce) It is clear that the essence of marriage is the very special union which is established between man and woman, and which makes the two different individuals close companions and partners to each other. The cooperation and communion between wife and husband may be compared to a person's eyes and hands - each hand is different from the other but each complements and perfects the other.

The very nature of this act, that two personalities, who are quite unacquainted with each other, are so strongly joined and united through wedlock that it precludes any conception of a stronger union, shows the particular strength of this alliance.

There can be no better words than the following verse of the Holy Quran: "Hunna libasuln lakum wa antum libasuln lahunna" (2:187), "They are your garments and you are their garments." Truly this verse expresses the subtle intimacy of the relationship of marriage. The obvious feature of the non-temporary alliance is that the two make an agreement to remain together for life.

It may happen however that the marriage is no longer desired either on the part of one or both parties and divorce becomes necessary. The code of religion ordains that certain conditions be fulfilled according to the kind of divorce in question. There are three kinds of divorce: firstly, if divorce is desired from the side of the husband, separation is called "talaq"; secondly, it is desired from the side of the wife, she can obtain "khul"'.

And lastly, if disagreement is on both sides, they can have recourse to "mubarat" to obtain separation. Since Islam is a social religion and it has been founded on unity and oneness, its greatest objective is love and concord. The creation of disharmony in whatever form is to be avoided whenever possible.

Accordingly, a large number of traditons have expressed the undesirability of "talaq" (divorce) and some of them say that among the acts made lawful by God, there is no act more undesirable than divorce. That is why the messenger of God has made clear to man the conditions and restrictions of divorce, so that it may occur as infrequently as possible within the Muslim community. Among the rules of divorce, the presence of two just witnesses is a necessary condition.

If divorce is pronounced in the absence of two just witnesses, it will be considered null and void.