The Essence of Islam – Volume III — Page 316
316 Essence of Islam-III i. e. , consort with your wives in such a manner that every reasonable person can see how kind and gentle you are to your wife. A Woman's Right to Divorce This is not all. The law of Islām has not left the matter of divorce entirely in the hands of the husband; women too have been given the right to seek divorce through the relevant authorities. Such divorce is designated in Is- lamic Shairah as khulā'. In case a husband ill treats his wife, beats her unreasonably, or is otherwise unaccept- able, or is not capable of discharging his obligations to- wards her, or if he changes his religion, or it becomes difficult for the wife to live with him on account of some incompatibility; in all these situations, she or her guard- ian ought to report to the judge. If he finds that the com- plaint is justified, he would decree dissolution of the marriage. The judge is, however, also bound to summon the husband and ask him why the wife should not be al- lowed to leave him. Just as Islām does not approve of a woman marrying without the consent of her guardian, i. e. , her father, brother, or other near male relative, likewise it does not approve of a woman to separate from her husband on her own. It orders even greater care in case of divorce, and enjoins recourse to the authorities to protect her from any harm she may do to herself on account of her lack of un- derstanding. [Chashma-e-Ma'rifat, Rūķānī Khazā'in, vol. 23, pp. 286-289] 225 Al-Nisa', 4:20 [Publisher]