Islam on Marital Rights

by Sheikh Mubarak Ahmad

Page 37 of 40

Islam on Marital Rights — Page 37

";. ISLAM ON MARITAL RIGHTS. TRANSGRESSION 37. Once a man, in the time of the Holy Prophet (s. a. w. ), said to his wife, "I shall neither divorce you nor shall I, in future, treat you as my lawful wife. " The woman said, "How could that be?”. The man replied, "I shall pronounce divorce on you but when the stipulated period is about to expire, I will retract and will go on doing it repeatedly so that you may not be able to get your freedom. " The woman, therefore, came to the Holy Prophet (s. a. w. ) and stated her case before him. At this the following verse was revealed by God, "Such divorce may be pronounced twice; then either retain them in a becoming manner or send them away with kindness. " (2:230). . According to the above verse the husband is entitled to use his option to retract only twice. The Arabic words "zirar" and "t'addi" have very wide meanings. Anyone who holds up the wife against her will and refuses to liberate her in order to harass her in any way and inflicts physical or mental pain on her by using abusive language or corporal punishment, is guilty of committing a transgression. All such acts are forbidden in Islam. Anyone who behaves in this manner steps out of the bounds of a husband's authority which God has granted him. In such cases the wife has the right to seek redress through a court of law and get her liberty from such a husband. . IMPARTIALITY IN TREATMENT. It is clear from the example and precepts of the Holy Prophet (s. a. w. ) and the writings of the acknowledged jurists of Muslim. Law after him, that in the event of plurality of wives, the husband has to observe strict equality in the allocation of expenses for and the periods of his company with each wife. . Hazrat Ayesha, one of the wives of the Holy Prophet (s. a. w. ), says, "The Holy Prophet (s. a. w. ) dealt justly with all his wives and then prayed, "O Allah! So far as it lay in my power I have observed even-handed justice in the treatment of my wives, but my Lord, hold me not responsible for that over which I have no control (i. e. the innermost feelings of the heart). "