Does Islam Snatch the Rights of Women? by P.Zainul Abideen - HTML preview

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The Second stage

The husband who utilized the first opportunity of, ‘Talak’ (Divorce) while living together finds it difficult to continue anymore can divorce as he did earlier and join again in the same way. This is the second opportunity.

Thus declaring ‘Talak’ (Divorce) is twice only.

The divorce is permissible twice only. Then, the couples should either have together on justifiable terms or separate from each other with kindness.

                                                                               (Al-Quran 2:229)

The Third stage

The husband who utilized the two opportunities of, ‘Talak’ (Divorce) while living together finds it difficult to continue anymore can divorce as a third time. But he can’t retrieve after it, as he used his last opportunity. If again the husband wants to take her back, she should be married to another man and he should also declare ‘Talak’ (Divorce) to her. Then her first husband can marry her again. As the condition is very severe the husband will not dare to use it and thereby ‘Talak’ (Divorce) will be avoided. 

If a husband divorces his wife for a third time, after that, he cannot re-marry her until she is married to another husband and he also divorces her. In that case there is no blame on either of them if they re-unite; provided they feel that they can keep the limits ordained by Allah. Allah makes it clear to those who understand.

                                                                             (Al-Quran 2:230)

‘Muthtalak’-Divorcing thrice at a time explanation

There is a misconception among Muslims. Some Muslims misconstrue that if a man declared 3 Talak, or Muthtalak or Talak, Talak, Talak, at a time, it means he has utilized all his three chances of Talak.

Among the contemporaries of Prophet Mohammed (PBUH) if a man declared Muthtalak, it was considered that the man used his right for a time only.

                                                Ibnu Abbas (RL) Muslim 2689-2691

Talak is the 3 chances bestowed to men to show his hatred towards his wife for leaving her. Getting angry, if a man tells many Talak at a time, it means he used his chance of declaring Talak. Some Muslims consider if a husband used the word ‘Muthtalak =3 Talak’ he can’t get his wife back. He is separated permanently from his wife. Muslims should give up this wrong notion. This is only criticized vehemently by others.

If it is understood properly, though Islam allowed men to declare ‘Talak’ (Divorce), the procedure to adopt it is meaningful, impartial thinkers will accept it. 

Women’s Right to Divorce

Islam has given right to Divorce for both sexes equally. But the procedure only differs. Though some ignorant Muslims deny it for women, we can’t blame Islam for it.

The wife of Sabith Bin Khais informed Prophet Mohammed (PBUH) that she can’t blame the conduct and character of her husband but she does not like to live with him. The Prophet Mohammed (PBUH) enquired her whether she can return back the garden she received from him as Mahar. She replied her consent. The Prophet Mohammed (PBUH) informed Sabith Bin Khais to receive the garden and divorce her. _

                                               Ibnu Abbas (RL) Buhari 5273, 5277

If the women do not like her husband she has to report to the community leader. This arrangement is in practice as she has received Mahar from the husband and she has to return it back to him in public. Moreover, after divorce they have to suffer a lot to recover their life. So, she should not take any hasty decision. When she report to the community leader, he may advise her. That is why, it is better for her to get divorce in front of the community leader. 

It is the easiest way, which you can’t find anywhere for women to get divorce. What is not available in other communities even in 21st Century, Islam has bestowed 14 centuries ago. 

In the cited example the woman did not find any fault with him, she did not like him, the Prophet Mohammed (PBUH) did not even enquire her reason for it.

Islam does not consider wedding as an irrevocable one. It is merely an agreement.

How could you take it when you have mingled into each other and she has taken from you a solemn covenant?

                                                                               (Al-Quran 4:21)

Women have rights similar to those of men over them in kindness 

                                                                             (Al-Quran 2:228)

If we do not allow women the right of Divorce, there will also be some bad consequences. As the Divorce Act is severe, the women who do not like her husband, plans for murdering him. Such events are increasing. 

If women die of stove blasting, men are killed by poison. Among the cases, he was well to go to bed but did not wake up, most of them belong to these category. As kitchen responsibility is in the hands of woman, it is easy to be executed. 

Or some women conspire to kill her husband with her sweetheart. If the right of Divorcing was easy such kind of murders will be avoided.

Islam has allowed both the sexes the right of divorce equally.

From this we can understand that Islam has bestowed all the rights to women no less than men