Features
Divorce in Islam
In another instance, the Prophet (PBUH) recommended arbitration and family intervention in cases of marital disputes.
“If you fear dissension between the two, send an arbitrator from his family and an arbitrator from her family. If they both desire reconciliation, Allah will cause it between them” (Qur’an 4:35).
This Quranic text emphasises the importance of seeking reconciliation through family and community support.
Conditions and Rules of Divorce in Islam
Islam sets forth conditions and rules to ensure that divorce is handled responsibly:
Clear Intention: The decision to divorce must be made with a clear mind and sincere intention, free from anger or impulsivity.
The Waiting Period (Iddah): After pronouncing divorce, the wife must observe an iddah period, during which the husband can take her back if both agree. The iddah period is three menstrual cycles for a non-pregnant woman or until childbirth if she is pregnant.
Revocable and Irrevocable Divorce:
Revocable Divorce (Talaq-e-Raj’i): The husband can take back his wife within the iddah period if reconciliation is achieved.
Irrevocable Divorce (Talaq-e-Ba’in): After the third talaq, the divorce is final, and reconciliation is only possible through a new marriage contract if both agree.
Respect and Dignity: Islam commands respect and fairness during divorce proceedings, ensuring that both parties maintain dignity. Allah (SWT) advises:
“And live with them in kindness. For if you dislike them—perhaps you dislike a thing and Allah makes therein much good” (Qur’an 4:19).
This verse encourages respect, even if differences arise.
Rights to Seek Divorce by the Husband or Wife
Islam grants both spouses the right to seek divorce, although their procedures differ.
Rights of the Husband (Talaq): A husband has the right to initiate talaq, following Islamic procedures. He must observe fairness, fulfill his wife’s rights, and provide any outstanding mahr or iddah maintenance.
Rights of the Wife (Khula): A wife can seek divorce through khula, which involves returning part or all of her mahr to end the marriage. The Prophet (PBUH) permitted khula for the wife of Thabit ibn Qays (RA) when she requested separation.
“Then if you fear that they will not be able to keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself” (Qur’an 2:229).
Reasons for a divorce by both parties
In order to divorce a wife, a husband may not necessarily have to give a reason. However, in the case of a woman, she may initiate a Khula (Separation) for three reasons; her husband’s in ability to consummate the marriage, his failure to provide for her upkeep, and if the woman was married as a child or without her consent she can repudiate her husband when she reaches puberty (Mucai-Kattambo et al. 1995). In addition a woman can apply for a khula if she persistently faces domestic violent.
Divorce Under Legal Regimes: The Mohammedan Ordinance CAP 129
In Ghana, the Mohammedan Ordinance CAP 129 regulates Islamic marriages and divorces. It provides a formal legal framework for Muslims to marry, divorce, and remarry in line with Sharia principles. This ensures that divorce proceedings, rights, and responsibilities are recognized by law, protecting both parties’ rights according to Islamic teachings.
Remedies for a Wrongful Divorce
Reconciliation: Islam encourages reconciliation if a divorce was issued hastily. The Prophet (PBUH) often advised families to mediate, promoting forgiveness and mutual understanding.
Financial and Social Support: If a husband neglects his wife’s rights upon divorce, she can claim compensation, unpaid mahr, and iddah maintenance. Islam emphasises justice and fairness for divorced women to ensure they are not left destitute.
Community Support: The Muslim community is encouraged to provide support for divorced individuals, allowing them to reintegrate with dignity and support, upholding Islamic principles of compassion.
EFFECTS OF DIVORCE ON CHILDREN
One significant concern is the impact of divorce on children. Patel et al. (2008) in “The Harm of Talaq” note that children from broken homes face higher risks of emotional distress, academic challenges, and social instability. Parents must consider these effects when making decisions, ensuring the wellbeing of their children.
More precisely, children from broken homes are more likely to have poorer health; to do worse in madrassas and schools; less likely to attend the massajid; become hufaz and Islamic scholars; more likely to commit crime, to smoke and take drugs; to be unemployed and to die earlier than children who live with married parents. By divorcing parents have let loose a vicious cycle. Their children are more likely to repeat the cycle of unstable parenting which they had experienced and suffered (Patel et al., 2008).
In conclusion, divorce in Islam is a compassionate solution, regulated to ensure justice and respect. While it is permitted, it is only to be used as a last resort, with the utmost care and fairness. Islam emphasizes kindness, patience, and thoughtful reconciliation to resolve marital issues before resorting to divorce.
May Allah (SWT) guide us to act with wisdom and justice in our relationships and protect our families with love and mercy. Ameen.
References:
• Qur’an, Surah Al-Baqarah (2:229, 2:230, 2:231, 2:232, 2:236, 2:237), Surah An-Nisa (4:19, 4:35), Surah At-Talaq (65:4)
• Hadith from Sunan Abu Dawud (2178), Sahih Bukhari, Sahih Muslim
• Mohammedan Ordinance CAP 129
• Patel, A. A. et al., 2008), Blessings of Marriage (Harm of Talaq {Divorce), Page 278.
By Imam Alhaji Saeed Abdulai – 1BN Michel Camp, Tema
Features
The power of change: Understanding the process and catalysts
CHANGE is an inevitable and essential aspect of life, shaping individuals, organizations, and societies. It can be transformative, leading to growth, innovation, and progress. But how is change created?
This comprehensive article explores the process and catalysts of change.
The Change Process
The change process involves several stages:
1. Awareness: Recognising the need for change.
2. Assessment: Evaluating the current state.
3. Visioning: Envisioning the desired future state.
4. Planning: Developing strategies and action plans.
5. Implementation: Executing the plan.
6. Evaluation: Monitoring progress and making adjustments.
Catalysts of Change
Several factors can catalyse change:
1. Internal Motivation: Personal or organisational desire for improvement.
2. External Pressures: Market trends, technological advancements, or regulatory requirements.
3. Leadership: Visionary leaders driving change.
4. Crisis: Forced change due to unexpected events.
5. Innovation: New ideas and technologies.
Types of Change
Change can be:
1. Incremental: Gradual, small-scale changes.
2. Transformational: Radical, large-scale changes.
3. Strategic: Planned, deliberate changes.
4. Emergent: Spontaneous, unplanned changes.
Change Management
Effective change management involves:
1. Communication: Clear messaging and stakeholder engagement.
2. Training: Developing skills and knowledge.
3. Support: Providing resources and guidance.
4. Monitoring: Tracking progress and addressing challenges.
Resistance to Change
Resistance can arise due to:
1. Fear: Uncertainty and anxiety.
2. Habit: Comfort with the status quo.
3. Lack of Understanding: Insufficient information.
4. Power Dynamics: Threats to authority or control.
Overcoming Resistance
Strategies to overcome resistance include:
1. Education: Providing information and context.
2. Involvement: Engaging stakeholders in the change process.
3. Support: Addressing concerns and fears.
4. Leadership: Demonstrating commitment and vision.
Sustaining Change
To sustain change:
1. Embed Change: Integrate new practices and behaviors.
2. Monitor Progress: Continuously evaluate and adjust.
3. Celebrate Successes: Recognize achievements.
4. Maintain Momentum: Keep the change process moving.
Conclusion
Change is a complex and multifaceted process. Understanding the change process, catalysts, and management strategies can help individuals and organizations navigate and create meaningful change.
Recommendations
1. Develop a Change Mindset: Embrace change as an opportunity.
2. Build Change Capacity: Develop skills and resources.
3. Foster a Culture of Change: Encourage innovation and experimentation.
By Robert Ekow Grimmond-Thompson
Features
This question of love
The question of love is something that will be talked about until kingdom come.
A discussion I observed on the internet about a 19 year old who had accepted the proposal of a 67 year old man reminded me of the preaching of Pastor Mensa Otabil.
He talked about the a scenario where a 60 year old man enters into a relationship with a 22 year old lady and the lady tells him I love you, when he has a protruded belly, with all the accompanying creases and he believes what she says.
He further went on to say that a whole grown up man, allows a young lady to call him “babe” and he does not feel offended.
He further went on to preach that, this young lady, young enough to be his daughter, says “babe, I love you” and this man sheepishly laughs and does not realise, he is being taken advantage of.
What keeps ringing in my ears is his statement that “what is there to love about a protruding sagging belly?”
There is no regulated way for how a person falls in love. It reminds me of a funny statement that Pastors or marriage counsellors often use, that if you fall in love, you may hurt yourself.
Love I believe is a beautiful thing but it is not something that should be toyed with. People getting into relationships should consider the realities that are bound to happen as the years go by.
Jealousy is a very destructive influence. It can influence a person to harm his wife or her husband or to even commit murder. There has been countless reported instances where a man has poured acid on his wife or girlfriend, slashed his wife to death with a cutlass because he suspected, the wife was cheating on him.
It is something that blinds one to right reasoning and once your reasoning stops functioning, then the wrong side of us takes over and the result is nothing to write home about. In most cases, it comes out after the horrible act has been perpetrated, that there was no truth in the issue that caused the jealousy, after all. However, a life would have been maimed, disfigured or destroyed forever.
One of the causes of jealousy in marriage is the age gap difference. Whether we like it or not we shall grow old one day if God by his grace enables us to live long. When we grow old, a lot of changes occur in our bodies and things we used to do with ease, suddenly become a huge challenge and it could be very frustrating.
One of the things that drives a man crazy is when he has grown weaker in bed and sees the wife interacting with younger men in a suspicious manner that seems to suggest that there is more to it than meets the eye.
Jealousy will definitely be kindled in the heart of such a man whose wife is far younger than him like this 67 year old man wanting to marry a 19 year young lady.
In 30 years’ time, this man will be 97 and his muscles would have become weaker affecting his erection. His wife would be 49 and will have to be satisfied in bed in a manner that this man cannot execute. What do you think is going to happen?
Marriage Counsellors advocate that the ideal age gap between marriage partners should not be more than 10 years. This is one way to eliminate suspicions which results in mistrust when the man grows old and gets weaker because it is a known fact that sex is very important to men than women.
A man becomes very worried when his sexual performance level drops. This is what causes some men to act in a manner that is condemnable. My advice, walk into love, don’t fall into it. God bless.
NB: ‘CHANGE KOTOKA INTERNATIONAL AIRPORT TO KOFI BAAKO INTERNATIONAL AIRPORT
By Laud Kissi-Mensah
