Woman in Islamic Shari‘ah
7. Concerning divorce
~ 161 ~
Once a man and a woman are tied together in the
bonds of matrimony, they are expected to do their
utmost, till the day they die to honor and uphold
what the Qur’an calls their firm contract, or
piedge.
139
To this end, the full thrust of the
shari’ah
is levelled at preventing the occurrence of divorce;
the laws it lays down in this regard exist primarily,
therefore, as checks, not incentives.
Islam regards marriage as an extremely desirable
institution, hence its conception of marriage as the
rule of life, and divorce only as an exception to that
rule. According to a
hadith,
the Prophet Muhammad
said, “Marriage is one of my
sunnah
(way). One
who does not follow it does not belong to me.”
140
Although Islam permits divorce, it lays great
emphasis on its being a concession, and a measure
to be resorted to only when there is no alternative.
Seeing it in this light, the Prophet Muhammad said,
“Of all things permitted, divorce is the most hateful
in the sight of God.”
141
When a man and a woman live together as husband
and wife, it is but natural that they should have
their differences, it being a biological and
