Islam and Divorce 4

Islam and Divorce 4

Here follow the conditions on which in Western lands divorce for wife and husband was legal until recent times:

1. a criminal act committed by either party which involves the penalty of life-imprisonment, exile, loss of civil rights or temporary imprisonment with hard labor.

2. physical violence, mercenary prostitution, and a few other similar criminal acts of the one partner against the other.

3. adultery by either partner - though in such cases the wife has the right of divorce only if the man commits adultery with another woman in the house which belongs to his wife and himself.

The following is the road by which a wife's infidelity was proved: note it well! "The infidelity of a wife must be proved completely in the eyes of the police. The wife or the husband plan to be in different places for however a short time. They must agree about some third person to be cited as co-respondent and this person must be prepared to undertake this service. And then at the stated hour the wife must be caught in flagrante delicate with the third party', and the husband must have the police on the spot to catch her out and so prove her infidelity. Thus the police accompany the husband to the trysting-place; and when they catch the wife in flagrante delicate this is accounted adequate grounds for her husband divorcing her."(10)

See what a mass of further impurities the impurity which wrought the need for divorce in the first place has carried in its train. And this is the "civilized" world of the West, which allows women entry into public and political life, and with the other hand takes away her honor, her femininity and the high standards which it should be her privilege to set, and turns her chastity into a mercenary bargaining-point. It must be admitted that since I first put pen to paper on this matter, efforts have been made in many Western lands to eradicate the worst of these abominations.

America makes divorce easier for both parties. It is not surprising, therefore, that American divorce figures are the highest of all. The wise tremble at the results: the wisdom of Islamic dispositions shines by contrast like the sun in darkness. At a conference in Strasburg, statistics of one year's divorces which could be attributed to the overwhelming desire of wives to be "in the fashion" "a la mode", "comme il faut" and to "keep up with the Joneses" in modernity of garb and guise were quoted as being:

1. in France, 27% of all divorces;
2. in Germany, 33%;
3. in Holland, 36%;
4. in Sweden, 17%.

Not every Parisienne is an excessive slave of fashion. Nonetheless it is reckoned that the costs of unnecessary purchases made by women simply to keep up with "mode" come to no less than 5,000 tomans per head (300-400 per head per annum). Yet all this expenditure adds nothing to the woman's natural beauty, moral stature, ease of spirit or calm mind! European statesmen, and responsible thinkers everywhere, are well aware of the danger, and fear it acutely. All who possess the slightest sense of philanthropy must seek the means of stemming the sweeping tide of this flood of evil through the world.

Islam offers its regulations on family life, matrimony, and the respective positions of men and women, as a way which all nations might do well to follow remembering that it was a Westerner Voltaire, who said: "The Prophet Muhammad reduced the unlimited harems of unfortunate women maintained by pre-Islamic potentates to a maximum of four wives: and his legislation on marriages and divorces is the most noble and effective ever conceived, formulated and enacted by any authority at any time in the world's history, religious, political or social."

By: Sayyid Mujtaba Musavi Lari



1. (The Law of Divorce and Renewal of Marriage p.99)