Woman in Islamic Shari‘ah
7. Concerning divorce
~ 174 ~
been done by ‘Umar. It is obvious that the
Companions of the Prophet could never have
agreed to annul a Qur’anic injunction or to modify
for all time to come a prescribed system of divorce.
All that was agreed upon was that exceptional
circumstances warranted exceptional rulings on the
part of the Caliph. He was entitled to punish in any
manner he thought fitting, anyone who digressed
from the
shari’ah.
This right possessed by the ruler
of the time is clearly established in the
shari’ah.
Many other instances, not necessarily relating to
personal disputes, can be cited of his exercise of this
right.
146.
Rawai’ al-Bayan,
1/334.
AFTER DIVORCE
The question that arises immediately after divorce
is of ways and means to meet one’s necessary
expenses. One’s answer is to resort to the Islamic
law of inheritance. If women were to be given their
due share according to Islamic law, there would be
no question of a woman becoming destitute. But,
sad to say, the majority of Muslim women fail to get
their due share of inheritance from their deceased
