Marriage and Divorce in Islam: Equality and Responsibility of Both Parties

Marriage and Divorce in Islam: Equality and Responsibility of Both Parties

Marriage

The idea of marriage in Islam, which was displayed gradually unto the society of the epoch which has practiced bigamy.

First, permission is made for men to marry four wives but if the condition of equity between them is implemented.

The Qur'an then rejects the capability of the human nature to be equitable among more than one wife. Then the Qur'an denies permission to get married to more than one wife because of the impossibility to keep the condition of equitability and thus prescribes that marriage is permitted for a man to only one woman, giving them equal rights and equal responsibilities.

First, marriage is permitted to more than one woman provided that the condition of equity is maintained:

Marry women of your choice, two, or three, or four; but if you fear that you shall not be able to deal justly (with them), then only one.' 4: 3

Second, the condition of equity cannot be established and therefore, the Muslim ought to marry one woman only:

Never will you be fair and justly (equitable) as between women, even though it is your ardent desire.' 4: 129

Mutual consent of both parties is a prerequisite for marriage. Marriage becomes lawful when a single man proposes wilfully marriage to a single women and she accepts wilfully.

Two witnesses are required by the Sunna. Rights and responsibilities of each partner in marriage are specified in Islam.

Divorce

Divorce in Islam is very easily done. It suffice that one of the married couple utter the word "I divorce you", with the intention of divorce, then divorce is effected immediately and marriage is resolved, no witnesses are needed, but the other party concerned must know of the divorce:

For the divorced women, the husband should provide maintenance on a reasonable (scale). And this is a duty on the righteous.' 2: 241

Rights and responsibilities of divorce of each partner are specified in details in Islamic law.

The utterance of divorce must be performed in normal conditions and not in anger for example or hatred; a very thoughtful decision by either or both parties.

The overall social structure of the Islamic Umma stems from man's love of and fear of God as well as hope in God's mercy.

It is built on Muslim brotherhood, cooperation, solidarity; justice and equity toward non-Muslims.

Marriage and Divorce in Islam: Equality and Responsibility of Both Parties

By: mardini

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