(khula). Men have been enjoined that while exercising this right they should not be unfair to women. Such unfairness is deemed as cruelty and is liable for punishment.In one of his Friday sermons Huzoore Anwer spoke on the rights given to women in Islam. Huzoore Anwer (may Allah be his Helper) said:
“In case of divorce there is a prescribed period for women after which they are free to re-marry. Elsewhere in the Qur’an it is commanded that no hurdle should be placed in their re-marriage, in fact they should be helped in this regard. They are capable of making their own decision about marriage. However, it is commanded that if after divorce a woman realises that she is expecting a child then she should let her [ex] husband know and should not hide this fact. If her marriage had not worked out for some reason it does not mean revenge should be exacted and the father of the child is not informed that she is expectant with his child. Allah says it is possible that after being informed, the man feels compassionate and wishes to reconcile. It is stated that the husband has the right to accept them back and they remake their family life and are reconciled. Close relatives are also commanded not to interfere and prevent reconciliation. Sometimes close relatives of the woman discourage her. Even if she is silent or agrees to reconcile, close relatives create clamour and say that once separation/divorce has taken place they will not send her back. Big egos come into play and matter of honour is raised. Many cases are also brought to me and it is astonishing that sometimes parents ruin marriages of their daughters owing to false pride. Some young women write that while they and their husbands wish to reconcile, egos of both sets of parents create problem! Allah the Exalted says that relatives should not become an impediment in reconciliation of couples. If the husband realises his mistake then the young woman’s marriage should not be ruined in the name of false pride. Safeguarding the rights of women, Allah the Exalted says that men and women have equal rights over each other.
“I will read the translation of the verse that I recited: ‘And the divorced women shall wait concerning themselves for three courses; and it is not lawful for them that they conceal what Allah has created in their wombs, if they believe in Allah and the Last Day; and their husbands have the greater right to take them back during that period, provided they desire reconciliation. And they (the women) have rights similar to those (of men) over them in equity; but men have a degree of advantage above them. And Allah is Mighty and Wise.’ (2:229)”
(Friday sermon delivered on 16 November 2007 at Baitul Futuh, London. Published in Al Fazl International 7 December 2007)
Huzoore Anwer said:
“Sometimes husband and wife do not get on after marriage, either they are not like-minded or there are other reasons. Islam gives both of them the right to separate in such instances. This right is given to men under some conditions in the form of divorce and to women in the form of (khula). Men have been enjoined that while exercising this right they should not be unfair to women. Such unfairness is deemed as cruelty and is liable for punishment.
“Explaining another Quranic verse, the Promised Messiah (on whom be peace) says:
“‘“And when they make a firm decisionto give divorce they should be mindful that God is All-Hearing and All-Knowing.” That is, if the woman who has been divorced is innocent in God’s knowledge and prays against the man, God will listen to her prayer.’ (Tafseer of Surah Al-Baqarah, verse 228 by the Promised Messiah on whom be peace)
“Here, men are being cautioned. See how men have been warned in order to establish your rights!”
Huzoore Anwer added: “The Promised Messiah (on whom be peace) went as far as saying:
‘These rights are such that if a man was to have proper understanding of them, rather than get married, he would prefer to stay a bachelor. Only that person can claim to fulfil these rights who spends his life in accordance with the mandates of Allah the Exalted. It is far, far better to endure a bitter life than have a life of pleasure in which Divine chastisement is ever hanging over one’s head. Our teaching regarding more than one wife is only to protect man from sin and Shariah has allowed it only as a means of remedy.’ (Malfuzat, Vol. 7, pp. 63-64, edition published in London)
“That is, if it is felt that Allah the Exalted may severely chastise men if they do not fulfil the rights of women as appointed by Allah the Exalted and if men were to have an understanding of this, then they would probably not even want to take one wife. Even taking one wife would become difficult for them lest they unknowingly did not fulfil a right of the wife and came under Divine chastisement and displeasure.”
(Address delivered to ladies on 31 July 2004 at Jalsa Salana UK. Published in Al Fazl International 24 April 2015)