Divorce...

[Blaqueen]

Islam has the most humane and most just system of divorce that exists. Firstly, many options are taken and tried before coming to the decision of the divorce. If the man and woman decide that they can no longer live together successfully as a husband and wife, the husband (in most cases, not always) pronounces the divorce by saying "I divorce you". At this point the waiting period begins. The waiting period lasts for three menstrual cycles to assure the woman is not pregnant. This period allows the couple time to think about what they are doing and if this is what they really want to do. There are no lawyers involved to antagonize an already delicate situation. In the case that it is realized, that the woman is pregnant, the waiting period lasts the entire time she is pregnant. During the waiting period (whether the woman is pregnant or not) the man is obligated to provide food, clothing and shelter to the woman as he did before the divorce pronouncement. If the couple carries the divorce through to the birth of the child and the woman suckles the baby, the man is obligated to feed and clothe both his ex-wife for the time the woman suckles (the maximum being two years). After this weaning, the child will be provided for by the father until he/she is no longer in need of support. It is quite ironic that in such an "advanced society" as America, there are divorce cases in which women are being forced to pay alimony to their ex-husbands. Can this and many other things we know about the American system of divorce compare to the Islamic system of divorce?" (from: http://www.uh.edu/campus/msa/index2.html  Nasiira Bint Ellison's "Distorted Image of Muslim Women")

[Blaqueen]

Qur'an 2:228 "Women shall, in all fairness, enjoy rights equal to those exercised against them."

Qur'an in Sura 65:"O Prophet! when you divorce women, divorce them for their prescribed time, and calculate the number of the days prescribed, and be careful of (your duty to) Allah, your Lord. Do not drive them out of their houses, nor should they themselves go forth, unless they commit an open indecency; and these are the limits of Allah, and whoever goes beyond the limits of Allah, he indeed does injustice to his own soul. You do not know that Allah may after that bring about reunion. And (as for) those of your women who have despaired of menstruation, if you have a doubt, their prescribed time shall be three months, and of those too who have not had their courses; and (as for) the pregnant women, their prescribed time is that they lay down their burden; and whoever is careful of (his duty to) Allah He will make easy for him his affair."

Q.2:236 "There is no blame on you if you divorce women when you have not touched them or appointed for them a portion, and make provision for them, the wealthy according to his means and the straitened in circumstances according to his means, a provision according to usage; (this is) a duty on the doers of good (to others)."

Q.2:232 "And when you have divorced women and they have ended their term (of waiting), then do not prevent them from marrying their husbands when they agree among themselves in a lawful manner; with this is admonished he among you who believes in Allah and the last day, this is more profitable and purer for you; and Allah knows while you do not know."

Q.2:241 "And for the divorced women (too) provision (must be made) according to usage; (this is) a duty on those who guard (against evil)."

[Blaqueen]

" … among all the permitted acts, divorce is the most hateful to God" (Hadith by Abu-Dawood)

[Blaqueen]

Islam has offered the Muslim woman some unequalled rights: she can end the marriage through 'Khula' and she can sue for a divorce. A Muslim wife can never become chained by a recalcitrant husband. ~ Islam for Women, by Mona