Page 140 - Islam In Focus

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endanger marriage by allowing divorce. On the contrary, it insures it by the very same
measure, for the wrong person would know that the wronged one can free himself of
herself from injustice and harm by divorce. By realizing that marriage is binding only
as long as it is functional and successful, both parties would do their utmost to make
their marriage fulfilling before doing anything that might affect the continuance of
marriage. It makes each party careful in choosing the other partner before marriage
and in treating that partner afterwards
When Islam makes divorce obtainable by mutual consent or by the interference of the
court on behalf of the wronged party, it stands firmly on guard for morality and
human dignity. It does not force a person to suffer the injustice and harm of an
unfaithful partner. It does not drive people to immorality and indecency. It tell them
this: either you live together legally and happily or else you separate in a dignified
and decent way. What is morally and humanly most remarkable about Islam in this
respect is that it does not force any person to lower his or her dignity and degrade his
morality just to obtain a divorce. It is not necessary for a Muslim to "separate" from
his or her partner some years before divorce can be granted. Nor is the granting of
divorce conditional on adultery. "Separation" as endorsed by many systems can and
certainly does involve immoral and indecent actions. In case of "separation" of this
kind the person can neither enjoy his rights not fulfill his obligations of marriage. He
or she is officially married, but how much does he enjoy married life? He is tied as
tightly as can be, yet he is loose that no restrictions can affect him. He cannot get a
divorce or remarry, but is there any legal limit to his scope of extramarital
relationships? He can move with whomever he likes unchecked and unrestricted.
These are things which happen every day and need no elaboration. "Separation" of
this kind might help someone to finally get a divorce, but how costly it is to morality
and how high the price is for society to pay! This is something that Islam can never
accept or endorse, because it would violate the whole system of moral values which
Islam cherishes
Considering the case of adultery and its endorsement by some systems as a basis for
divorce, we can only say this: it is so humiliating to human dignity and detrimental to
morality that a person should commit adultery or pretend to have committed it to
obtain a divorce. The viewpoint of Islam on adultery has been already stated above.
What happens, however, in most cases is this: people are not divorced because they
have committed adultery or pretend to have committed it, but they commit adultery or
pretend it in order to obtain divorce decrees, which are not granted otherwise. What a
reverse and disgraceful course in human relations!
This is the stand of Islam on the matter. If divorce has to be obtained as a last resort, it
must be granted with dignity and due respect. When Islam is applied to married life,
there will be no room for "separation" or "adultery" as bases for divorce. Nor will
there be that easy Hollywood-type divorce, which sprang as an extreme reaction to an
extreme rigidity. Any system dealing with human nature has to be realistic and
moderate, making allowances for all circumstances with preparedness to cope with all
conditions. Else, it would be self-destructive and groundless, a state of which Islam is
absolutely free (see Qur’an, 2:224-232; 4:34-35; 4:127-130)
One final remark will conclude this discussion. In virtually every known society and
religion, there are ways to terminate any marriage. The divorce rates in industrialized