Dissolution
of Muslim Marriage:
On the
Judicial Responses to Curb the Arbitrary Exercise of Divorce
Introduction
“With
Allah, the most detestable of all things permitted is divorce”
Prophet
Mohammed (PBUH)
Marriage is the
very foundation of civil society and no part of the laws and institutions of a
country can be more vital importance to its subjects than those which regulate
the manner and conditions of forming and, if necessary, of dissolving, the
marriage contract.
Firm union of the husband and wife is a necessary condition
for a happy family life. Islam therefore, insists upon the subsistence of a
marriage and prescribes that breach of marriage contract should be avoided.
Initially no marriage is contracted to be dissolved but in unfortunate
circumstances the matrimonial contract is broken. One of the ways of such
dissolution is by way of divorce . Under Muslim law the divorce may take place
by the act of the parties themselves or by a decree of the court of law.
However in whatever manner the divorce is effected it has not been regarded as
a rule of life. In Islam, divorce is considered as an exception to the status
of marriage. The Prophet declared that among the things which have been
permitted by law, divorce is the worst. Divorce being an evil, it must be
avoided as far as possible. But in some occasions this evil becomes a necessity,
because when it is impossible for the parties to the marriage to carry on their
union with mutual affection and love then it is better to allow them to get
separated than compel them to live together in an atmosphere of hatred and
disaffection. The basis of divorce in Islamic law is the inability of the
spouses to live together rather than any specific cause (or guilt of a party)
on account of which the parties cannot live together.
