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Ch 8 — Divorce in Islam / After Divorce

Women In Islam — Maulana Wahiduddin Khan

Badges mark quoted or attributed material (Qur'an, hadith, another author, an opposing view). Unbadged passages are Maulana Wahiduddin Khan's own words.

Contents (85 chapters)
  1. Foreword
  2. Ch 1 — Women and Islam / The Wisdom of Creation
  3. Ch 1 — Women and Islam / Some Sayings of the Prophet
  4. Ch 1 — Women and Islam / Equal in Respect, Different in Role
  5. Ch 1 — Women and Islam / The Position of Women in Islam
  6. Ch 1 — Women and Islam / Islam Gives More Respect to Women than Men
  7. Ch 1 — Women and Islam / The Succour of God
  8. Ch 1 — Women and Islam / Islam Holds Women in High Esteem
  9. Ch 1 — Women and Islam / Women in Every Field
  10. Ch 1 — Women and Islam / Women and Education
  11. Ch 1 — Women and Islam / Islam and Modesty
  12. Ch 1 — Women and Islam / The Obligations and Rights of Women
  13. Ch 1 — Women and Islam / Attributes of Men and Women
  14. Ch 2 — Rights and Progress of Women / The Rights of Women in Islam
  15. Ch 2 — Rights and Progress of Women / Progress of Women in Islamic Society
  16. Ch 2 — Rights and Progress of Women / Women in Religious Life
  17. Ch 2 — Rights and Progress of Women / Islam and Women
  18. Ch 2 — Rights and Progress of Women / Islam Gives Women Complete Freedom
  19. Ch 2 — Rights and Progress of Women / An Old Woman's Courage
  20. Ch 2 — Rights and Progress of Women / Women and Inheritance of Property
  21. Ch 2 — Rights and Progress of Women / The Testimony of Women
  22. Ch 2 — Rights and Progress of Women / Working Outdoors
  23. Ch 2 — Rights and Progress of Women / Women in the Field of Education
  24. Ch 3 — Women in History and Today / Status of Women in Society
  25. Ch 3 — Women in History and Today / Unnatural Equality
  26. Ch 3 — Women in History and Today / Status of Women in Religions
  27. Ch 3 — Women in History and Today / Gender Equality
  28. Ch 3 — Women in History and Today / Equal in Respect, Different in Role
  29. Ch 3 — Women in History and Today / Role of Women in History
  30. Ch 3 — Women in History and Today / A Clarification of a Misunderstanding
  31. Ch 3 — Women in History and Today / Empowerment of Women
  32. Ch 3 — Women in History and Today / Progress of Women: An Islamic Perspective
  33. Ch 4 — Women from Muslim History / Ideal Women
  34. Ch 4 — Women from Muslim History / The Story of Hazrat Khadijah
  35. Ch 4 — Women from Muslim History / Glad Tidings
  36. Ch 4 — Women from Muslim History / Mothers of the Believers
  37. Ch 4 — Women from Muslim History / The Example Set by Hazrat Fatimah
  38. Ch 4 — Women from Muslim History / Exemplary Muslim Women
  39. Ch 4 — Women from Muslim History / Fortitude of Muslim Women
  40. Ch 5 — Hijab in Islam / Here's the Truth Behind the Veil
  41. Ch 5 — Hijab in Islam / Hijab in the Light of the Quran and Hadith
  42. Ch 5 — Hijab in Islam / Hijab: A Comprehensive Term
  43. Ch 6 — Marriage in Islam / Sanctity of Marriage in Islam
  44. Ch 6 — Marriage in Islam / Successful Marriage
  45. Ch 6 — Marriage in Islam / Dower (Mahr)
  46. Ch 6 — Marriage in Islam / Hazrat Fatimah's Dower
  47. Ch 6 — Marriage in Islam / The Companions and Their Marriages
  48. Ch 6 — Marriage in Islam / Stability in Marriage
  49. Ch 6 — Marriage in Islam / Breaking the Conditioning Mould
  50. Ch 6 — Marriage in Islam / Position of Woman in Islamic Shariah
  51. Ch 6 — Marriage in Islam / Adjustment in Marital Life
  52. Ch 6 — Marriage in Islam / Principle of Adjustment
  53. Ch 6 — Marriage in Islam / Marriage: Intellectual Partnership
  54. Ch 6 — Marriage in Islam / Emotionalism vs Egoism
  55. Ch 6 — Marriage in Islam / Companionship of Husband and Wife
  56. Ch 6 — Marriage in Islam / Mutual Trust
  57. Ch 6 — Marriage in Islam / Qawwamiat or 'Bossism'
  58. Ch 6 — Marriage in Islam / The Boss at Home
  59. Ch 7 — Polygamy and Islam / The Issue of Polygamy in Islam
  60. Ch 7 — Polygamy and Islam / The Inequality in Numbers
  61. Ch 7 — Polygamy and Islam / The Willingness of Women
  62. Ch 7 — Polygamy and Islam / Solution to a Problem Rather than a General Commandment
  63. Ch 7 — Polygamy and Islam / The Islamic Way
  64. Ch 8 — Divorce in Islam / The Issue of Divorce
  65. Ch 8 — Divorce in Islam / Satan's Greatest Weapon
  66. Ch 8 — Divorce in Islam / Divorce in Islam
  67. Ch 8 — Divorce in Islam / Two Ways of Divorcing
  68. Ch 8 — Divorce in Islam / The Case of Women
  69. Ch 8 — Divorce in Islam / The Meaning of Provision
  70. Ch 8 — Divorce in Islam / After Divorce
  71. Ch 9 — Shaping the Family and Society / Women's Spiritual Role in Early Muslim Society
  72. Ch 9 — Shaping the Family and Society / Women's Spiritual Role in Later Muslim History
  73. Ch 9 — Shaping the Family and Society / Paradise Lies at the Feet of the Mother
  74. Ch 9 — Shaping the Family and Society / Shaping Family and Society on Spiritual Lines
  75. Ch 9 — Shaping the Family and Society / Family: Microcosm of Society
  76. Ch 9 — Shaping the Family and Society / Better Home, Better Society
  77. Ch 9 — Shaping the Family and Society / A Mother's Responsibility
  78. Ch 9 — Shaping the Family and Society / Family Culture: A Narrow Outlook
  79. Ch 9 — Shaping the Family and Society / The Faulty Role of Parents
  80. Ch 9 — Shaping the Family and Society / The Harm of Pampering
  81. Ch 9 — Shaping the Family and Society / The Upbringing of Children
  82. Ch 9 — Shaping the Family and Society / Cultivating a Religious Environment at Home
  83. Ch 9 — Shaping the Family and Society / Home-Schooling: A Hub of Intellectual Activities
  84. Ch 9 — Shaping the Family and Society / Mother as a Role Model
  85. Ch 9 — Shaping the Family and Society / Woman at the Beginning of All Great Things

AFTER DIVORCE p. 223

The question 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 fathers and husbands as stipulated by Islamic law. This would be more than enough to meet such emergencies if they could do so. p. 223

However, Islam has not just left women’s financial problems to the vagaries of inheritance because parents are not invariably in possession of property that can be divided among their children. Further arrangements have been made under the maintenance law, but this has no connection with divorce law. Therefore, the answer to this question must be sought in the Islamic maintenance law. Here, we shall briefly describe some of its aspects: p. 223

1. In case the divorced woman is childless or the children are not earning, according to Islamic law, the responsibility for her maintenance falls on her father. That is, her situation will be the same as before marriage. p. 224

To quote from Fath al-Qadir (A standard book on Islamic Law): p. 224other source

“The Father is responsible for bearing his daughter’s expenses until her marriage if she has no money. The father has no right to force her to earn, even if she can. When the girl is divorced and the period of confinement is over, her father shall again bear her expenses.” (Ibn Hummam, Fath al-Qadir ala al-Hidayah, Vol. 4, p. 410) p. 224other source

2. If the divorced woman has a son who is an earning family member, the responsibility for her maintenance falls entirely upon him. p. 224

All that rightfully belongs to a wife will be the duty of the son to provide, that is, food, drink, clothes, house, and even servants, if possible. (Ibn ‘Abidin, Radd al-Muhtar ‘ala ad-Durr al-Mukhtar, Vol. 2, p. 733) p. 224other source

3. In the case of the father being deceased, and where even her children cannot earn, her nearest relatives, such as brothers or uncles, are responsible for her upkeep. Without even this third form, the Islamic Shariah holds the State Treasury (baitul mal) responsible for bearing her expenses. She will be entitled to receive the money for her necessities. p. 224

Because of the number of provisions made under Islamic law for women, it has never been the case in Islamic history that Muslim divorced women have been cast adrift, helpless, with no one to look after them. p. 225

Indian columnist Khushwant Singh has remarked that we do not hear of Muslim women committing suicide or being tortured like Hindu women, which is proof that Islam has already given them adequate liberty and has made enough provision for them to be supported in times of emergencies. p. 225other source

A new dimension has been added to the issue since the women of this day and age can leave their homes to work and are, therefore, not as entirely dependent on men as they used to be in the past: there is no need then to make laws which provide for them at the expense of their menfolk. What is the point in making such a law when earning like men? Only in exceptional cases, indeed, do they need to be looked after, and ways and means of doing so can generally be worked out satisfactorily on a personal level. p. 225

SHAPING THE FAMILY AND SOCIETY p. 227

According to a tradition of Prophet Muhammad, “The best of you are those who are best to their families, and I am the best among you to my family.” (Sunan at-Tirmidhi, Hadith No. 3895) p. 227hadith

Families are fundamental units of society, collectively shaping its fabric. If families are in good order, society will follow suit. Conversely, if families sink into a low moral state, society cannot prosper. Every person is born into a family, where he experiences his first lessons about home, family, and society. Therefore, to improve society, we must improve the quality of family members. p. 227

Everybody receives their first education within their families and homes. Those who receive a positive upbringing within their homes will likely exhibit similar societal behaviour. They will actively promote goodness, overlook unfavourable situations, and sincerely appreciate positive attributes in others. These individuals exemplify the highest moral character and contribute to the betterment of society. p. 227

Preparing the next generation is a mother’s responsibility. The human generation is like a flowing river, where the water is continually replaced. In human beings, too, the new replaces the old. And a mother plays a crucial role in preparing this new generation. The responsibility of supplying good human beings to every generation devolves upon her. If a mother understands her responsibility and prepares herself to fulfil this role, she can play a pivotal role in not only shaping the lives of her children on spiritual lines but, in turn, she will be able to shape society on positive lines. p. 228

Women play a pivotal role in shaping the character of individuals in a family. If mothers can develop goodness and high moral character in their children, they will be able to contribute to the betterment of society. It is indeed true: better home, better society. p. 228