Legal methods for separation between spouses (altalaqu, alkhulea, al'iila')

الطرق الشرعية للافتراق بين الزوجين(الطلاق، الخلع، الإيلاء)

  • Dr. Safi Ullah Muhammad Wakeel International Islamic University, Islamabad
  • Dr. Syed Naeem Badshah University of Agriculture, Peshawar

Abstract

Islam has given special importance for bringing up the family and protecting it from destructive ideas and wrong customs and traditions that lead to the demolition of friendly relations between members of the same family. Islam has clarified the rights of everyone with its fair and firm provisions, and among these rights is the relationship of the husband with his wife and the wife with her husband. This relationship is based on solid foundations which are derived from the Holy Qur'an and the noble Prophet's Sunnah so that living between the two spouses continues. If a woman obeys her husband, she will enter the paradise as stated in the Hadiths.As per the causes of disharmony, Separation and discord between them, this happen when there is failure to fulfill the rights or shortcomings from one of them or not to overlook the mistakes and faults of one of them towards the other, and to look at the simple and few faults without the many advantages, this leads to the grudges, hatred and envy between the two spouses as well as the continuous disagreement between them. Nevertheless, Islam orders and demands the husband to have patience and wisdom and not to expedite the divorce unless all the ways of reconciliation between them are not possible, and here comes the provisions of Separation between the spouses through the legitimate Ways which are mentioned by Allah Almighty in the Holy Qur'an and explained by the Prophet (PBUH) in the authentic Hadiths, hence, this research comes under the title "legitimate ways of Separation between spouses". These ways are: divorce,khula (the wife leaves has husband legally and pays compensation), ILa (the husband swears not to have marital intercouse for a certain period of time), and to clarify the wisdom behind the legality of separation between spouses after a disagreement and discord have occurred between them, so that, it is not possible to coexist with it in accordance with the provisions of Islam and its fair teachings.

Author Biographies

Dr. Safi Ullah Muhammad Wakeel, International Islamic University, Islamabad

Department of Sharia & Law

Dr. Syed Naeem Badshah, University of Agriculture, Peshawar

HOD, Islamic Studies

Published
2021-02-02