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however. is that inmarriage, the man responsible for building up the -- marital house, by saying so, we meant that the man caries out the whole financial burden in protecting and supporting this house, In view of what we discurlslam noticed that the distraction of the contract by divorce will have more drastic effect on the man than the woman, Therefore. by giving the man the divorce responsiblity, -Islam considers his contribution. -Islam made it difficult for him to, practice this right without thinking of his loss beforehand. In the inevitable condition when the man divorces his wife. he knows that he is the only one who faces all-the losses. On the other hand, if Islam gave the right of divorce to the wife who did not, as we mentioned financially support the marriage. it would be easy for her to practise this right without losing much and it would be unfair for the man. However, this does not mean that the woman was completely deprived of the right to separate. Islam had given the woman the right to request divorce when she was harmed ( because of her marriage)* Such a divorce, %; 1 where a woman-divorced her husband is called Khul. C Khul, then is the husband's separation from his wife in which he gets a financial compensation fromhis wife, The wife's objective in such a case is to get rid of her husband in such a way that he cannot come back to her without h6r consent. In other words, the wife seeks the separation by giving him (her husband) a part or the whole of the dowry which was given her by the husband or by offering an agreed sum of money to him in return for his consent to-divorce her: "if ye (judges) do indeed fear that they would be unable to keep the limits ordained by God, there is no blame on either of them if she give something for her freedom. " 2 In the tradition Ibn Abbas narrated that the wife of TIGabit bin Qay's came to the Prophet and said: "0 Allah's Apostle II do not blame Thabit for defects in his character or his religion, but 1, being a Muslim, dislike to behave in un-Islamic manner (if I remain with him. )" 1, See Al-Jaiij, Vol. 4. op. cit., P. 406 117
On that, Allah's Apostle said (to her). "Will you give back the garden which your husband had given you (as Mahr)? " She said, "Yes. " Then the Prophet said to Th; bit, 110 Th; bitl Accept your &ardent and divorce her once. " 1 The reason for this kind of divorce might be the woman's dislike of her husband because of his temper, physical appearance (such as being old, being weak) or being irreligious. when she fears being disloyal to him. Other cases in which the woman can request divorce are the husband's absence for a long time in such a way that nothing is known about him, or when he is sentenced to long imprisonment. For instance. Ibn al-Musaiyyab said, "If a person is lost from a file in a battle, his wife should wait for one year before she remarries. " 2 Also, if the husband maltreats his wife and there are a lot of disputes and disagreements between them to such an extent that the wife might be harmed as a result of that, then the wife has the equest divorce. Furthermore, if the husband refrains from providing for her, she can also seek separation. So, Islam protects the women's rights by giving her the right to separate from her husband when she feels that she needs it, and it is the duty of the husband to accept her request for separation. Lea (a kind of irrevocable divorce) 4.0 The word Lian means expelling and dismissal. Al-Nawawy stated that "This kind of divorce is called Al-Ll; n because a husband and wife 3 are separated from each other irre9ocably. " When a husband accuses his wife of adultery without any evidence and without four witnesses, C- then Lian must'be undertaken. The procedure is as follows: 1. Sahih al-Bukhario Vol. 7. op. cit., P. 149 2. Ibid 0 3. KaMalah. Umar, al-Ziria wa muk; fabatuh, P, 114 0 118
- Page 69 and 70: Ia I "As to the thief. male or fema
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- Page 99 and 100: give me what is sufficient for me a
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- Page 105 and 106: The idea behind the Qurlanic verse
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- Page 111 and 112: Divorce in Islam Islam considers ma
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- Page 117 and 118: 6 114 family's house together with
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- Page 125 and 126: -"The mothers ' shall give two whol
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- Page 135 and 136: KHADIJAH BINT KHUWAYLID The longest
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however. is that inmarriage, the man responsible for building up the --<br />
marital house, by saying so, we meant that the man caries out the whole<br />
financial burden in protecting and supporting this house, In view <strong>of</strong><br />
what we discurlslam noticed that the distraction <strong>of</strong> the contract<br />
by divorce will have more drastic effect on the man than the woman,<br />
Therefore. by giving the man the divorce responsiblity, -Islam<br />
considers his contribution. -Islam made it difficult for him to,<br />
practice this right without thinking <strong>of</strong> his loss beforehand. In the<br />
inevitable condition when the man divorces his wife. he knows that he<br />
is the only one who faces all-the losses. On the other hand, if<br />
Islam gave the right <strong>of</strong> divorce to the wife who did not, as we mentioned<br />
financially support the marriage. it would be easy for her to practise<br />
this right without losing much and it would be unfair for the man.<br />
However, this does not mean that the woman was completely deprived<br />
<strong>of</strong> the right to separate. Islam had given the woman the right to request<br />
divorce when she was harmed ( because <strong>of</strong> her marriage)* Such a divorce,<br />
%; 1<br />
where a woman-divorced her husband is called Khul.<br />
C<br />
Khul, then is the husband's separation from his wife in which he<br />
gets a financial compensation fromhis wife, The wife's objective<br />
in such a case is to get rid <strong>of</strong> her husband in such a way that he<br />
cannot come back to her without h6r consent. In other words, the wife<br />
seeks the separation by giving him (her husband) a part or the whole<br />
<strong>of</strong> the dowry which was given her by the husband or by <strong>of</strong>fering an agreed<br />
sum <strong>of</strong> money to him in return for his consent to-divorce her:<br />
"if ye (judges) do indeed fear that they would be<br />
unable to keep the limits ordained by God, there<br />
is no blame on either <strong>of</strong> them if she give<br />
something for her freedom. " 2<br />
In the tradition Ibn Abbas narrated that the wife <strong>of</strong> TIGabit bin Qay's<br />
came to the Prophet and said: "0 Allah's Apostle II do not blame<br />
Thabit for defects in his character or his religion, but 1, being a<br />
Muslim, dislike to behave in un-Islamic manner (if I remain with him. )"<br />
1, See Al-Jaiij, Vol. 4. op. cit., P. 406<br />
117
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