Abstract

Council of Islamic Ideology Pakistan has preceded several recommendations regarding the social life of Muslims. Divorce is an act that is less taught, studied or logically executed in our society. There are several mistaken concepts and malpractices common amongst communities. This research critically examines the recommendations on the rights of divorce. The article begins with the Quranic elaboration on the causes of divorce, its background and the basic rules of divorce. It moves on with the mention of the respective practice of the Prophet صلى الله عليه وسلم and his companions. The article includes legal and agreed upon jurisdictions (fatāwa) of earlier as well as the later Muslims Jurists to clarify the subject. The article declares that it is an assumption that man’s right to divorce is under the influence of Arab culture. The marriage contract should be considered and treated, unlike other social contracts. It is concluded that it is unwise to reject the agreed-upon fatāwa of majority of Jurists through relatively weak interpretations and assumptions. The very practice will also clear up the concept of a woman’s right to divorce. In the end, suggestions extracted from the Qur‘ān, the Sunnah, the legal opinions of the companions and the later scholars are also put up for the readers.