Do you know the concept and the importance of marriage in Islam? For Islam a marriage is very sacred, it is an unbounded relationship between man and woman.
The intention of marriage is to make a household and create an environment blessed by Allah by performing one of His commandment. The following verse explained how precious marriage is for Islam :
“And of His signs is that He created for you from yourselves mates that you may find tranquility in them; and He placed between you affection and mercy. Indeed in that are signs for a people who give thought.” (QS. Ar-Rum : 21)
As muslims we may understand that divorce is strongly hated by Allah SWT. And before taking the decission we should understand divorce law in Islam. There are some certain effects of divorce in muslim law that we must know. The decisions to end marriage should not take that lightly as mentioned in the quran verse below :
“And when you divorce women and they have (nearly) fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress (againts them). And whoever does that has certainly wronged himself.
And do not take the verses of Allah in jest. And remember the favor of Allah upon you what has been revealed to you of the Book and wisdom by which He instructs you. And fear Allah know that Allah is Knowing of all things.” (QS. Al-Baqarah : 231)
The Effects of Divorce in Muslim Law
We will discuss about the effect of divorce in muslim law in this article. To warn and remind muslims that divorce can not be take lightly even it permissible. The following are the effects of divorce :
1. Hated By Allah SWT
Divorce is hatefull by Allah SWT and the Prophet. The Prophet even mentioned not only once but more for muslims to avoid divorce. As mentioned in the following hadith :
“Certainly, Allah, Almighty and Glorious, dislikes or curses any man or woman whose intention of divorce or marriage is merely tasting the pleasure of it.” (Al-Kafi)
2. Cooling off period
Divorce can only be take after 4 months of colling period. As if this period mean to reconcile the couple. It is stated in the quran verse below :
“For those who swear not to have sexual realitons with their wives is a waiting time of four months, but if they return (to normal relations) – then indeed, Allah is Forgiving and Merciful.” (QS. Al-Baqarah : 226)
3. It is allowed in Islam
Even divorce is a hated act by Allah SWT, but if both party only cause harm for each other and if the marriage can not be defended in any way that it is allowed for divorcing in Islam. But the husband should release his wive in a good treatment. As mentioned in the following verse :
“Divorce is twice. Then, either keep (her) in an acceptable manner of release (her) with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep (within) the limits of Allah. But if you fear that they will not keep (within) the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah – it is those who are wrongdoers.” (QS. Al-Baqarah : 229)
4. The husband should not take anything that already given to her wife
During marriage usually husband give his wife with luxury or stuff or anything. After divorcing then the husband has no right on that as mentioned in the above hadith. Unless both party agreed that the possesion will only cause them to transgress the limits of Allah.
5. Divorce women should wait for three menstruation cycle before marrying another man
“Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this (period) if they want reconcilitation.
And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them (in responsibility and authority). And Allah is Exalted in Might and Wise.” (QS. Al-Baqarah : 228)
For divorce women they have to wait for three menstruation cycle before marrying another man, as mentioned in the above verse. And if she already in state of menopouse that she must wait for at least 3 month before marrying other person.
6. The children custody
Another effects of divorce in muslim law is about the children custody. In Quran both party should discussed first about their children custody. It is recommended both party have the same part, since children must need both of their parents. Read more about Father’s Rights in Islam After Divorce.
7. The children under age or a baby custody
And for a baby children that still need their mothers to breastfeed him, then the mother should completes two years of breastfeeding for whoever wishes to complete the nursing period. The mother and baby should be protected.
8. Husband shoud give alimony
“And for divorced women is a provision according to what is acceptable – a duty upon the righteous.”
The Quran verse mentioned about alimony or provision given by the husband to his wife after divorce. There is no certain amount of provision should be given, but an open negotiation between parties is possible. And both of the parties should considered the husband’s financial ability. [AdSense-C]
9. The loss of blessing from Allah SWT
A feared thing of divorce and also be an effect of divorce in Islam is the loss of blessing from Allah. We should avoid this condition. There is a hadith mentioned Rasulullah SAW said about :
“If any woman asks her husband for divorce without some strong reason, the odor of Paradise will be forbidden for her.” (Abu Dawud)
Therefore muslim woman should read more about law of women ask divorce in Islam to prevent us for commiting wrong doing.
10. The loss of opportunities to perform good deeds
Without any doubt as explained in the beginning that marriage is a firm way to perform good deeds for husband and wife. There are many virtues lies on maritial life and we knew that well. By divorcing it will loss our opportunities to perform that.
11. Make the situation more complex
The effects of divorce in muslim law is that it is feared to create a domino effects. The situation after divorcing will be more complex both for the man, woman, and also their children. And not only that it may take effects to their family either. Read more about Common Rules of Remarriage in Islam.
12. It can cause disputes
Many divorce’s people will facing disputes if their divorce does not run smoothly. We see many couple after divorcing begin to dispute about financial and custody.
13. It will give an impact to others or their children about maritial life
Believe it or not children who experience divorce will strugle to find their confident or trust to martial life.