It is not something to be approached lightly.

It is not something to be approached lightly. The origin of divorce should, on no account, be swayed by one’s temporary feelings. Fatma: Emotion is a profound reason as to why some couples get divorced. Is Islam asserting that there is no room for emotional factors? Sayyid: It depends on the type of emotions to which you are referring. If the reasons for divorce were based on temporary dissatisfaction with one’s spouse, then that would not be suitable grounds for divorce.

“If you take a dislike to them it may be that you dislike a thing and Allah brings about through it a great deal of good.” (4:19) Whether the divorce is from the husband or wife, especially if children are involved, the divorce initially would be refused. The case would be studied extensively before a judgment could be finalized. In most cases, divorces that are not based on fluctuating emotional circumstances may be resolved with time or through counseling.

Islam condemns men and women who exercise their right for divorce on any excuse except those based on legitimate grounds and in absolutely vulnerable conditions. The grounds for divorce cannot be frivolous; they must be based on genuine, rational, and logical justifications.

The Prophet once said, “Gabriel so much commended the cause of the woman and so counseled me as to give me the impression that except in the clear case of adultery, the wife does not deserve to be divorced.” [^3] Fatma: Could you elucidate and expound upon the economic reasons scholars cite as to why the husband has been granted entitlement of divorce? Sayyid: Generally, men must have the financial means to marry.

Most men put a substantial amount of their savings toward marrying in order to provide a wedding, a home, and eventually sustaining a family. Hence, scholars determine that when husbands control divorce rights, they will cautiously weigh all the factors before deciding to divorce. Otherwise men may lose some provisions and remarrying can be costly. Furthermore, a wife’s financial loss might not be as great as a husband’s.

In Islam, the wife is never required to work or provide for herself financially. It is her husband’s responsibility, and this in itself, beside the psychological make-up of a woman, is the reason the Islamic law (shar’i) recommends that divorce rights remain with the husband. Fatma: Critics generally state that Ahlul Bayt jurists describe marriage contracts as binding and insoluble for women. Is there any accuracy to such a statement?