Woman in Islam — Page 13
13 Divorce may be initiated by the husband or by the wife; in the latter case the matter must proceed judicially, so that the rights of the wife may be fully safeguarded. If differences arise and, failing reconciliation, the husband vows abstinence from his wife, the situation must be resolved within four months: “For those who vow abstinence from their wives, the maximum period for making up their minds is four months; then if they revert towards conciliation, surely Allah is Most Forgiving, Ever Merciful; and if they decide upon divorce, Allah is All-Hearing, All-Knowing. ” (2:227-228). There is a whole set of regulations concerning divorce. These are designed to ensure, inter alia, that divorce should not be resorted to light-heartedly, or in a fit of passion or resentment. It should be a deliberate act resolved upon after a careful consideration of the consequences both for the parties and the children, if there are any, of the marriage. With this end in view the procedure is somewhat drawn out, so that the parties may have opportunities for cool reflection and for reconciliation, before the divorce becomes irrevocable: “Revocable divorce can only be pronounced twice; where after there should be reconciliation in approved form, or final separation with beneficence. it is not lawful for you to take away anything of that which you have given your wives; unless it should be a case in which the wife insists upon separation without any default on the part of the husband and they are afraid that they would not be able to observe the limits prescribed by Allah, if they were to continue their association. In such case there will be no sin