Moral and Legal Aspects of Divorce

 

Allah, the Almighty, has legislated divorce despite His strong emphasis on preserving the institution of marriage through all available means—whether by resolving conflicts between spouses, involving relatives from both sides to seek reconciliation, or implementing gradual steps such as temporary separation in bed before referring the matter to external mediators.

However, despite these measures, Allah has prescribed divorce when no other solution remains—when it is the only way to prevent numerous human problems that could arise from continuing a failing marriage, such as deepening resentment between spouses, escalating conflicts, and the negative psychological impact on children who are forced to grow up in a hostile environment.

What we witness today in Arab and Muslim societies when divorce occurs—such as abandoning all values, morals, and ethics, failing to uphold kindness and respect for past companionship, and disregarding the presence of children between the former spouses—has no connection to Islam whatsoever. The Islamic Sharia, just as it established boundaries, laws, and principles for marriage, which it termed “a solemn covenant,” has likewise set ethical and moral standards for handling the painful process of separation.

Divorce in Allah’s Sharia

Allah says in the Quran, “O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them—perhaps you dislike a thing and Allah makes therein much good. But if you want to replace one wife with another and you have given one of them a great amount [in gifts], do not take back from it anything. Would you take it in injustice and manifest sin? And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?” (An-Nisa: 19-21)

These noble ayahs clarify that life is not based solely on love but on mutual understanding, good companionship, shared responsibilities, common interests, and guardianship—factors that bind a man and a woman together beyond mere affection and attachment.

If all attempts at reconciliation and restoring family unity fail, then separation becomes inevitable—but it must be carried out with full justice, ensuring that the woman receives all her rights as decreed by Allah while remembering the solemn covenant they once shared. Allah says, “But if they separate [by divorce], Allah will enrich each [of them] from His abundance. And ever is Allah Encompassing and Wise.” (An-Nisa: 130)

When the moment of divorce arrives, the husband may be tempted by revenge against the woman who “failed” to live with him, understand him, or maintain their home. His first impulse may be to deprive her of some of her rightful dues. However, Allah reminds him in His decisive ayahs, “And how could you take it while you have gone in unto each other and they have taken from you a solemn covenant?” (An-Nisa: 21)

This ayah serves as a reminder to the man, in his final moments before falling into the sin of vengeance, that there are greater matters at stake than wealth—greater than the money he might give her and their children. It reminds him that there is something far more significant than the urge for revenge simply because she refused to continue life with him. It calls upon him to rise above any base desire to pursue her in order to satisfy a sickness in his heart—one that drives him to torment her with disgraceful conduct while evading his moral and financial responsibilities toward her and their children.

A Kind Release or a Gracious Holding On

How many cases of defamation and scandal fill the courts in Arab societies between former spouses who have already been divorced! One party exploits the secrets they know about the other—gained through marriage and intimate companionship—to disgrace them, using social circles or social media to tarnish their reputation, heedless of any ethical principle as a Muslim first and as a spouse second.

A man may take advantage of a woman’s vulnerability and delicate social position, defaming her to gain legal leverage, secure child custody, or simply exact revenge. Some even go so far as to misuse private photos taken during their marriage—publicizing these images or past conversations, thereby stripping away whatever remains of their integrity, dignity, and perhaps even their faith as they engage in such despicable actions. These photos and messages spread among people, leading to widespread gossip and baseless rumors, violating a trust that should have remained sealed within the vault of marriage.

The truth is, the law imposes severe penalties on those who commit such actions. However, these penalties are still not effective or deterrent enough to stop those lacking chivalry and morality. Consequently, they proceed with their misdeeds as if they were devils lurking at the crossroads.

Islam, however, has strictly prohibited revealing the secrets exchanged between spouses. Abu Sa'id al-Khudri reported God's Messenger as saying, “Among those who will have the worst position in God’s sight on the day of resurrection is the man who has intercourse with his wife, and she with him, and then spreads her secret.” (Sahih Muslim)

A true Muslim is meant to have excellent character, and the person most deserving of that noble character is his wife—the one who shared his life and to whom he was intimately connected. Even if their life together becomes impossible, the Quran commands in such cases: “Divorce is twice. Then, either keep [her] in an acceptable manner or 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 the wrongdoers.” (Al-Baqarah: 229)

Here, we see the remarkable balance in Allah’s laws regarding marriage and divorce. Islamic history is rich with examples of noble and dignified separations, setting an example for all societies to ensure that life continues peacefully for all involved, especially children who deserve a stable environment like their piers, under the care of responsible and principled parents.

Yet, what we see today is a decline into inhumane behavior. Indeed, there are animals with greater morality than those who wage war against Allah’s divine rulings and regulations.

Life under the Sharia of Allah brings honor, blessings, and true happiness, something that only those who live by it can truly understand.

 

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