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Shiavault - a Vault of Shia Islamic Books A New Perspective: Women in Islam Chapter 3: Divorce, Divorce and Mahr, Proprietorship Divorce Fatma: Why has the authority for divorce been inherently willed to the husband in Islam? Sayyid: Divorce in Islam is considered one of the most detestable actions in the sight of Allah.

Imam Sadiq quoted the Prophet as saying, “Get married, but do not divorce, because a divorce would tremble the ‘Arsh [empyrean] of Allah.”[^1] Unlike some religions, divorce in Islam is permissible, but its procedure is strictly observed. Finalizing a divorce in Islam is not as simple as some people may perceive. It is a long and extensive process. The husband may have been automatically willed as the final executor of the divorce decree, but the process for divorce is difficult and conditional.

The reason for this is that divorce has consequences and repercussions, not only upon the married couple, but also upon the children, and, unavoidably, the immediate relatives and society. Scholars have a variety of justifications as to why divorce has been determined as the man’s right. Their reasons are not as some people may believe, such as that men are somehow superior to women or that men are the caretakers of women.

Most scholars conclude that the main reasons are the result of a woman’s psychological structure and of the man’s obligation to provide her with financial sustenance. Women, in general, are more apt to react emotionally to sensitive situations or tragedies. This is not to imply that men do not react to dramatic events. They certainly do. Nevertheless, in general, men are a bit calmer and cautiously attentive when handling uncertainties.

Fatma: Is Islam insinuating that women, in general, are psychologically weak and not up to par in handling uncertainties rationally? Sayyid: If women were unable to handle uncertainties rationally then Allah would not have gifted women with becoming mothers, which entails the great psychological and physiological challenge of bearing and raising children.

In general, when scholars state that women are quicker to react emotionally to uncertainties, they are referring to the personal conflicts that arise within a marriage. When referring to the personal relationship of couples, the wife, in general, has a tendency to be more influenced by her emotions.[^2] A serious action, such as divorce should never be based on fluctuating emotions. Divorce in Islam is a very serious matter.