Muhammad the Liberator of Women — Page 8
8 M U H A M M A D S A W — T H E L I B E R A T O R O F W O M E N addition will have to give the full value of the mahr 1. Conversely, if a woman seeks a divorce she can plead her case before a q adi 2 and if the q adi sees that this case is not instigated by immorality, he can direct for this separation to take place. In such circumstances her husband would have rights over any property he entrusted to her care or she will return the full value of the mahr. If a husband fails to discharge his marital obligations to his wife, ceases to speak to her, or sleeps apart from her, then a time restriction should be allocated for such actions. If his behaviour continues beyond a period of four months, he should either be compelled to reform his ways or seek a divorce from his spouse. If a husband ceases to financially support his partner or goes way and completely severs ties with her then their marriage would be regarded as faskh 3 (Islamic jurists have proposed three years as the limit) and the woman would then be free to remarry. The onus for the maintenance and care of a wife and children is always placed on the husband. A husband is allowed to somewhat caution his wife, but when this caution takes the form of a punishment, it is necessary that there should be witnesses, the offence should be evident and based upon testimony. The punishment should not have permanent and lasting effects on the wife. 1 A type of dowry which a groom pays to his wife and which becomes her legal property. [Publisher] 2 A judge who rules in accordance with the principles of Islamic law. [Publisher] 3 To dissolve or annul a marriage [Publisher]