The Divorce Procedure according to Quran
Abstract
If we investigate The Qur’an carefully as a source of lslamic Law to have knowledge on the rules of divorce we see that divorce is a final solution of friction between husband and wife. There are some verses in The Qur’an that order married couple under any circumstances to try hard to cotinue the conjugal community. First of all The Qur’an orders the couple to be upon each other’s behaviour (Qur’an, Al Nisa 4/19; and see also Al Baqarah 2/231, Al Talaq 65/2}. In case the wife is obstinately disobidant (naashiz) the husband have to strive for getting on well together (Qur’an, Al Nisa’ 4/34). On the cotrary if the husband goes beyond the rulles of marriage then the wife tries to come to an agreement to keep the peace (Qur’an, Al Nisa 4/ 128). In any case if the striving of couple to keep the peace doesn’t give a result then the relatives have to be interested the problem. So they choose an arbitrator (hakam) from the family of the wife and an arbitrator from the family of the husband. The two or more chosen arbitrators try to makepeace among the husband and wife (Qur’an, Al Nisa 4/35). If arbitrators not meet with succes of making peace among the couple then the divorce may be considered as a solution of the problem. When the husband decided to divorce his wife he must do it in the period of divorce. Because The Qur’an determined a period for divorce (Qur’an, Al Talaq 65/1). And the Prophet Mohammad (peace be upon him) declared this concise (mujmal) period. According to declaration of the Prophet (peace be upon him) the period of divorce begins with the end of menstruation and finish with coition (Azimabadİ, Avn Al Ma’bud, VI, 227-228). In another word the husband can divorce only in the period of canonical cleannes of his wife but before the coition. If he has a sexual intercours with his wife then he can not divorce until the next period. From these Qur’anic verses and the declaration of the Prophet (peace be upon him) we may deduce that the divorce is the fi
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