Islamic Views on Marriage and Divorce

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Islamic Views on Marriage and Divorce

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Introduction

• Views marriage as a form of legalization of
  sexual relationship between a woman and man.
• There is also legitimization of the children that
  the couple produces.
• Couples and children are recognized by common law
  after co-habiting for 20 year.
• They are treated like a wife and husband .
• Their children are entitled to similar
  inheritance rights and legal rights .

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Marriage in Pre Islamic Communities

• Marriage or Nikah here refers to a relationship
  between a woman and a man.
• Women do not have inheritance right and they had
  absolute dependence.
• They were treated like chattels.
• However, Prophet Mohammad made marriage in Islam
  a civil contract.
• A woman in it retains her individuality.

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• Marriage in Islam equate personality of a woman
  with the husband.
• After marriage a woman retains absolute ownership
  of property .
• This is without extraneous control from the
  husband.
• Prophet Mohammad said that marriage is his Sunna
  .
• Muslims who do not follow that way are not his
  followers.

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Divorce

• In Islam, divorce is allowed.
• This is after there are problems in the marriage.
  
• There are conditions however that can allow for a
  divorce.
• It is important to note that divorce and Talaq
  are condemned strongly in Islam.
• If there are difficulties in a marriage that the
  wife and husband cannot solve, each is expected
  to appoint a conciliator or arbitrator to resolve
  the problem.

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• Islam allows a man to divorce a wife if she
  disobeys a lawful order from him.
• However, reconciliation measures should be taken
  with the wife or relatives before divorcing her.
• All efforts in Sunna /Quran should be made
  before terminating a marriage.
• Islam view of divorce is that it should be the
  last option.
• This is after all reconciliation measures have
  failed.

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