Islamic Divorce Rules | Does Islam Guarantee Women's Rights During & After Divorce?

Islamic divorce, as well as marriage, are mentioned in Koran and according to it the relationship between husband and wife an interdependent one. But do all Muslim people live by that?

Just like any other religion or belief, Islam too encourages a harmonious relationship between the man and the woman in marriage. The relationship should be based on mutual love and peace.

However, when family life cannot be kept in harmony that very same Koran allows and even advises to put an end to the marriage, which we can call an Islamic divorce. Thus, this is what the sacred book of Muslims states.

However, the reality out of the sacred lines is more harsh and tough than it may seem. Islamic divorce is regarded as something abhorrent. Unfortunately, there are cases when women’s rights are violated after divorce.

So, keep with reading to learn more about rules and regulations that act in Muslim society in case of this issue.

Islamic Divorce | How is Divorce Regulated in Islam?

Regardless your nationality and religious background marriage and divorce go hand in hand. But still, there are principles that vary from culture to culture.

According to the rules of Muslim societies, parents make decisions instead of potential couple i.e. they make up their minds to marry their children. This is nothing else than a forced marriage. Sometimes such marriages are quite successful.

However, in some cases, this marriage turns into a complete failure. So divorce is inevitable. What catches most attention in Islam is the double standard of the Islamic divorce. A woman can never get a divorce unless her husband wants it.

But, if the husband wants to get divorced he doesn’t need the consent of his wife. This means that Islamic divorce is not forbidden but it is strictly condemned for various reasons. Besides, even divorce should have a proper reason.

One of the legitimate reasons is the immoral behavior. Now imagine such a situation. The wife finds out that her husband stopped loving her and she is no longer his sweetheart. This actually causes the greatest humiliation for the woman. So here is a question: Is it right to forcefully keep a woman with laws and prevent her from divorce?

Actually, the woman can be kept locked with the force of law and even relatives until the period for reconciliation between the husband and wife. If it fails, a divorce is practiced as the last option.

Besides, there is definitely a stigma of a divorced woman. It is worse when a woman experienced Islamic divorce more than once. She can be seen as damaged goods or just a bad wife. Couldn’t be something more ironic definitely!

What Happens After Islamic Divorce?

Even though divorce is not much accepted in Islam, there are rules and laws that act after divorce. Many of these laws are the scholarly interpretations of some Koranic references.

According to these laws, a divorced woman is not pushed out of her husband’s house at once. The husband must make the documents ready for the divorce in court and notify his wife to do the same. If the process is delayed it can have some harmful effects on the wife.

Besides these formal processes, a couple can get divorced verbally. It means that husband just lets the wife know he wants a divorce. To write an unofficial paper is also possible. However, it is regarded as a violation of rules in Islamic divorce.

It is part of women’s rights to keep in touch with her children while in divorce. Moreover, if they are in her custody her husband must provide them with everything necessary. The failure to do this on time results in jail retention.

This is actually great that both sides try to make the process as peaceful as possible. But now let’s come and ponder over these rules in terms of international human rights. Just take a look! On top of all these, the woman can not initiate a divorce.

A husband has the right to do it without wife’s consent. Such approach causes nothing else but a violation of women’s rights. Particularly her right to be free in making a choice is violated. Leave alone gender inequality issues.

What do Muslim Women Think about Rules Islamic Divorce?

Under Islamic rule, Muslim societies experience setbacks in women’s rights’ protection and human rights generally. This way of oppression is kind of widespread. Being treated with prejudice after divorce women have hard times.

None of them initially voiced the issue. However, times have changed. Currently, those who experienced Islamic divorce dare speak up. They talk about the reasons for divorce, their rights and generously share their pair of advice.

These women think that it is really hard to get through a divorce. However, one should always keep in mind that with difficulty will come ease. So heads up, ladies! Besides, there is an ongoing debate about the actual role of women in Islam.

And here is good news. A group of Muslim activists, even politicians and writers issued a “Declaration of Reform”. It supports women’s rights. What they do is to:

Support equal rights for women, including equal rights to inheritance, witness, work, mobility, personal law, education, and employment. Men and women have equal rights in mosques, boards, leadership and all spheres of society.

Sharia Laws vs Secular Laws

Religious laws are the main part of Islamic traditions. These laws and rules are embedded in Sharia which is based on Koran. However, there are secular ones as well. There is a great number of Islamic states which practice those secular rules.

For example, the Act to protect the divorced women’s rights was passed by in India in 1986. The Act is declaratory in its operation. Even if a wife is divorced prior to the commencement of the act her husband must provide reasonable, fair provision and maintenance to her.

Anyway, the issues concerning women in Islam such as marriage, Islamic divorce, women’s rights after divorce, etc. are quite controversial which leads to misunderstanding.

Does the Society Live By Koran’s Law When It Comes to Islamic Divorce?

Koran states that “men and women have the same spirit, there is no superiority in the spiritual sense between men and women.”

However, society, its traditions, and culture-specific issues make things more complicated. In case of a divorce or marriage, the attitude of the society matters a lot. Even if the state laws do not ban divorce, societal rules may act differently.

Sometimes it seems that society should lend a helping hand and take proper steps to prevent divorce. Besides, it should take a firm stand against the causes that destroy families. However, the society members do not even realize that their actions simply deprive a woman of a chance to be happy again.

Women in Islamic divorce are not that lucky to remarry and start their life from a new page. Theoretically, she can do it because even Koran grants her the opportunity. However, society is stronger and a bit tougher even though it makes sure to follow all the rules dictated by their sacred book.