Islam and Human Rights — Page 151
Article 16 151 Dissolution of marriage may be brought about by death or divorce. On the death of the husband the widow is entitled to the payment of the unpaid portion, if any, of her dower, which ranks as a prior debt against the estate of the de ceased, and to her share in the inheritance-one- quarter if the deceased has left no children, and one- eighth if there are children (4:13). She is also entitled to maintenance for one year in his residence (2:241). She is free to re-marry after the expiry of four months and ten days from the death of her husband (2:235); but should she be pregnant this period is prolonged, where needed, till she is delivered of the child. Divorce is permissible, but is a long-drawn-out process. The basic concept is one of permanency of marriage. “Con sort with them in kindness; if you dislike them it may be that you dislike something in which Allah has placed much good” (4:20). The Prophet’s admonition to Zaid, quoted in the Quran, “Cleave to thy wife and be mindful of thy duty to Allah” (33:38) gives expression to the same concept. But differences may arise and incompatibility may threaten to make the union non- beneficent. Outside advice could perhaps indicate helpful adjustments and accommoda tions towards the restoration of harmony (4:36). Tem porary separation