Islam: Divorce & Remarriage (Edexcel GCSE Religious Studies B)

Muslim Teachings About Divorce & Remarriage

Muslim Teachings About Divorce

• Divorce is the legal ending of a marriage

• Marriage is very important in Islam. The marriage contract (nikah) is intended to keep people together for a lifelong bond that Allah created

• Divorce is allowed but it should be the last resort

• The Hadith teaches that divorce is detestable to Allah, but it is lawful

• Reasons why a divorce may be allowed include

  • Unfaithfulness

  • Abuse

  • Leaving the Muslim faith (called apostasy)

• An annulment is not the same as a divorce; it is the declaration that the marriage was never valid at all

• Reasons why an annulment may be allowed include

  • Not being able to conceive children

  • The husband being absent for a long time without contact

The Process of Divorce in Islam

• The process of divorce takes three steps to complete

• Initiation is the start of the divorce proceedings

  • Either the husband or wife may initiate divorce

  • If the husband initiates, he must announce his intention to divorce his wife up to three times

  • If the wife initiates, she does not have to make this announcement, although it is more difficult for her to do so because she usually needs the consent of her husband

  • Shi’a Muslims and most Sunni Muslims believe there must be a period of time between each declaration of intent, so that the process is not rushed

• Reconciliation is the next stage

  • There is a three-month period of waiting called iddah during which the couple live together but do not have sex

  • This is to see whether the wife is pregnant; if she is, they must wait until the baby is born before the divorce can proceed

• The Qur’an teaches that they should try to reconcile during this time, ‘as ‘peace is best’ (Qur’an, Surah 4:128)

• Completion is the final stage

  • If all efforts to reconcile the couple fail, the divorce can be completed

  • As she is often the more vulnerable person in the relationship, the rights of the woman are always properly protected in a divorce, and a Shari’ah council will look into the case if a wife has initiated the divorce

  • In Shi’a Islam, two witnesses are required at the divorce to make sure this is done correctly

  • In the UK, there needs to be a legal civil divorce along with the Shari’ah divorce

Remarriage in Islam

• The Qur’an encourages remarriage after divorce because companionship is important in Islam

• It is even considered acceptable for a husband and wife who have divorced once or twice (through the talaq declaration of divorce, not the legal divorce) to remarry each other

  • However, if they reach the third declaration, they cannot reconcile until the wife has married someone else

• The man must support his ex-wife until she remarries and he must treat her with respect

Islam & Non-Religious Attitudes Towards Divorce & Remarriage

Non-Religious Attitudes Towards Divorce & Remarriage

• Many non-religious people, including atheists and humanists, would agree with Muslims that marriage is a lifelong and binding commitment

  • Even for non-religious people, marriage is still a legal commitment to another person for life

• They would oppose divorce unless it is justified

  • Many marriage guidance counselling organisations exist to help couples to try to work through their differences and avoid ending their marriage

  • This is especially important if there are children involved, as divorce can cause them distress

• However, divorce is legal in the UK and there are several occasions when non-religious people would accept that divorce and remarriage is the correct way forward

• Reasons might include

  • The marriage has broken down and cannot be reconciled

  • People should be free to choose their own future path

  • Everyone deserves the chance to find love again

Islam & Ethical Theories Surrounding Divorce & Muslim Responses

Ethical Theories & Divorce

• Some people adopt ethical theories to help them make decisions about moral issues like divorce

• One ethical theory is situation ethics which focuses on what the most loving thing to do in the situation would be

• In the case of divorce, the situation ethicist would ask what is the most loving action to take

  • For example, the most loving thing if the couple’s relationship has broken down and reconciliation is impossible is to allow them to divorce and remarry someone else, rather than remain in an unhappy marriage

Muslim Response to Ethical Theories

• Muslims may differ in their response

• Many would share this attitude towards divorce, because they would want the couple to be happy and fulfilled and therefore the most loving action would be to allow them to divorce and find happiness in a different relationship. There might be children involved, and the most loving thing to do would be to ensure they do not suffer

• Other Muslims would say that the most loving action might be to involve marriage guidance counsellors and help the couple to see if reconciliation is possible

  • This would follow the teaching in the Qur’an that every effort should be made to prevent a divorce