Divorce and Remarriage- Chapter 3

 

Key words and terms-

 

Divorce- Divorce is a legal dissolution of a marriage

 

 

Remarriage- Remarriage is a formal legal marriage of a person who has divorced previously

 

 

Adultery- Adultery is sex between a married person and a person who is not their spouse.

 

 

Separation- To be separated all you have to do is live apart. Many couples decide not to divorce but rather be separated.

 

 

Annulment- Annulment is a way of ending a marriage, it is similar to a divorce however unlike a divorce you can get a marriage annulled at any time after the wedding. It is usually retroactive, meaning an annulled marriage is considered to be invalid from the beginning as if it never took place

 

 

What are the effects of a divorce on a family i.e. Husband, Wife Children and wider family?

 

There are many effects on a family after a divorce.

 

Going through a divorce is very complicated and tiring and sometimes the husband/wife may not agree with a law or rule leaving them angry.

 

When a divorce is announced there is a period of three months called ‘iddah’ where reconciliation should be attempted, if the woman is pregnant it may last up to 9 months even.

 

During this period the wife must stay in her husband’s house and he must provide for her needs (not sexual need’s) which may not be what the husband/wife wants.

 

Divorce also has an effect on children too as firstly it would be difficult not being able to see their parents regularly and the children of the divorced couple would be regarded as illegitimate.

 

 

 

Reasons why married couples might decide to divorce?

 

Married couples decide to divorce for numerous reasons, mainly if continuation of the contract would bring great misery to their children or themselves.

 

Other reasons range from different views between the two, constant arguments, not happy where they are etc.

 

 

Islam’s teachings on divorce

 

Although marriages are meant to be permanent muslims realise that sometimes marriages break down.

 

Muslims are allowed to divorce but it is the most hated of all lawful things to Allah.

 

Marriage is a legal contract between two people and if continuation brings misery to the couple and to their children or relatives it can be ended.

 

In the hadith it says "Among all lawful things, divorce is the most hated by Allah"

 

When a couple divorce a man is required to pay his wife any part of the dowry that was held back at the time of their marriage, and he must agree to provide for her until she can be cared for by another man 

 

Differences in attitude towards divorce in Islam

 

Some muslims have a negative attitude towards divorce and believe it is regarded as a last resort.

The purpose of a marriage is to foster a state of tranquility, love and compassion based on a mutual consent. In a hadith it says "Among all lawful things divorce is most hated by Allah" therefore muslims are not fond on the idea od divorce and upsetting Allah 

 

However on the other hand you see a difference in attitude towards divorce where Muslims realise that marriages do break down and that it is a legal contract between two people which can be terminated if needed. In the Qu'ran it says "If a wife fears cruelty or desertion on her husbands part there is no blame on them if they arrange an amicable settlement between themselves; and such settlement is best"

 

Islams view on remarriage

 

In Islam a couple may divorce and remarry twice but after a third divorce remarriage to eachother can only take place if the women has been married to another man in the mean while