Divorce and remarriage (AQA GCSE Religious Studies A): Revision Notes
Divorce and remarriage in Islam
Muslim teachings on divorce
Islam views divorce as something that should only happen as a final option when a marriage cannot be saved. The religion provides clear guidance on how divorce should be conducted, emphasising that it must be done properly and with consideration for all involved.
When a Muslim couple decides to divorce, Islamic law requires a three-month waiting period called the iddah. During this time, the couple should try to work through their problems and attempt reconciliation.
The iddah waiting period serves several important purposes:
- It allows time for emotions to settle
- Provides opportunity for the couple to reconsider their decision
- Ensures that the wife is not pregnant before the divorce is finalised
Key Difference Between Islamic Groups:
There are procedural differences between Sunni and Shi'a Muslims regarding divorce:
- Sunni Muslims do not require witnesses when the husband declares his intention for divorce
- Shi'a Muslims believe that witnesses must be present during this declaration
Despite these differences, both groups share the fundamental belief that divorce should be avoided whenever possible.
Islamic teachings emphasise that those who take an oath not to have intimate relations with their wives must wait four months before making any final decisions. If they change their minds during this period, Allah is described as Oft-Forgiving and Most Merciful.
Muslim beliefs and attitudes towards divorce
Although Islamic law permits divorce, Muslims generally believe it is highly undesirable. The faith teaches that divorce is "detestable" to Allah, even though it is allowed. This creates a tension where divorce is legally permissible but morally discouraged.
Islam emphasises that marriage is a contract, which means it can be dissolved legally. However, the religion strongly encourages couples to exhaust all possibilities for reconciliation before proceeding with divorce. The Qur'an provides guidance on divorce procedures whilst also encouraging forgiveness and patience.
When relationship problems arise, Islamic teaching suggests it may be better for children if their parents avoid arguments and bitterness rather than staying together in a hostile environment. However, Shari'ah law clearly states that divorce should not be permitted lightly, as it can damage both family unity and the stability of society.
Many Muslims believe that women may face greater challenges than men when seeking divorce. This includes potential discrimination and practical difficulties. In some cases, a woman who wishes to divorce may need to seek assistance from a Shari'ah court, and the marriage contract (nikah) should not be broken lightly.
The Prophet Muhammad's example provides important guidance for Muslims. Although Muhammad did divorce some wives, Muslims are encouraged to follow his example of trying to reconcile differences whenever possible.
Remarriage after divorce
Islamic law permits Muslims to remarry following divorce, and this is often encouraged as a way to provide stability for families. The faith recognises that people may find happiness and companionship in new relationships after their previous marriage has ended.
Remarriage Restrictions in Islam:
There are specific restrictions that Muslims must follow when remarrying:
- A man and woman can remarry the same partner twice
- If they divorce for a third time, they cannot remarry each other unless the woman has first been married to another man in the meantime
- This rule is designed to prevent couples from treating divorce casually and to encourage serious commitment to marriage
These remarriage laws reflect Islam's attempt to balance personal freedom with social stability. By allowing remarriage whilst imposing certain restrictions, Islamic law aims to protect individuals whilst also maintaining the importance of marriage as an institution.
Key Points to Remember:
- Islam permits divorce but considers it highly undesirable and encourages reconciliation wherever possible
- A three-month waiting period (iddah) is required to allow time for couples to reconsider their decision
- There are differences between Sunni and Shi'a Muslims regarding whether witnesses are needed during divorce declarations
- Remarriage is allowed after divorce, but couples cannot remarry the same partner more than twice
- Islamic teachings emphasise that marriage contracts should not be broken lightly, as divorce can harm both families and society