RULES OF SHARIAH GOVERNING MARRIAGE AND DIVORCE - Part 3
The outcome of divorce is is to terminate the transaction and contract of Nikah (marriage). Just as the Shariah has kept Nikah at a higher level than ordinary transactions and contracts by giving it the status of Ibadah (worship) and has imposed several conditions on it, similarly the termination of this contract has not been left free like common transactions in which people are free to terminate the contract if and when they choose to do so, and go on to make a fresh deal with someone else. The Shariah has given a whole framework governing the termination of this contract.
The intent of Islamic teachings is that the institution of marriage should be for life, and that ideally it should never be terminated, as bringing this contract to an end adversely influences not only the people who originally entered in to this contract, but also their next generation, their extended families, and in many cases the whole society. That is why the teachings of Quran and Sunnah have considered all the necessary steps to remove the impediments that may cause a break up of this deal.
The outcome of divorce is is to terminate the transaction and contract of Nikah (marriage). Just as the Shariah has kept Nikah at a higher level than ordinary transactions and contracts by giving it the status of Ibadah (worship) and has imposed several conditions on it, similarly the termination of this contract has not been left free like common transactions in which people are free to terminate the contract if and when they choose to do so, and go on to make a fresh deal with someone else. The Shariah has given a whole framework governing the termination of this contract.
The intent of Islamic teachings is that the institution of marriage should be for life, and that ideally it should never be terminated, as bringing this contract to an end adversely influences not only the people who originally entered in to this contract, but also their next generation, their extended families, and in many cases the whole society. That is why the teachings of Quran and Sunnah have considered all the necessary steps to remove the impediments that may cause a break up of this deal.
Continued...
From Ma'ariful Quran, Interpretation of Surah al-Baqarah, by Mufti Muhammad Shafi RE
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