Islam always encourages marriage, and the importance of building up the family saying “Marriage is half of faith (Imman)” (Tirmidhi). Family as one of the social institutions is essential place for reproducing offspring and maintaining human generations, and also a place for providing love, social, emotional and financial security to its members. One needs to marry if they are affordable, “for it restrains eyes from casting (evil glances), and preserves one from immorality; but those who cannot should devote themselves to fasting for it is a means of controlling sexual desire” (Muslim). It is reasonable to conclude that the sexual abuse or violence against women is related with uncontrolled desires, and wrong sense of moralities. In regards to marriage, there is no forced marriage in Islam and a woman has the rights to choose their partner. Prophet Muhammad (SAW) repeatedly warned that the prior consent of a woman, whose hand was sought in marriage, was a basic condition without which the proposed marriage could not, under the Shariah, take place or be regarded as valid. The compulsory rules for Islamic marriage are proposal, acceptance, and the dowry which the women shall receive from her husband, and it is clear that these rules are in favored of the women.
Women face more obstacles in terms of evidential requirements and delays when exercising their rights to divorce as compared to men. In addition to this, when men exercises Talaq contrary to the legislative provisions, the methods of divorce available to women are said to be discriminatory in nature. Though Islam is a perfect religion, some Muslims tarnish the name of it with their misconducts. There are still rooms for improvement regarding the treatment of women regarding their rights in divorce matters.
Furthermore, nobody is superior to the other in a marriage life, and both are responsible for their parts. It is the mutual contract between man and women so that they may find love, mercy and tranquility, as stated “You may dwell in tranquility with them, and has put love and mercy between your hearts” (Qur’an), “they are your garments, and ye are their garments” (Qur’an). In regards to divorce, it is generally forbidden in Islam. So that divorce will not be based on hasty decisions, and in favored of women, three months waiting period (Iddat) are needed before divorce takes place (Sunan An-Nasa) they may reconcile each other during that period, but reminding that “do not take them back to injure them, or to take undue advantage, and if any one does that, he wrongs his own soul (Qur’an)”, and even if divorce “to separate with kindness” (Qur’an). Divorce is allowed in case of necessity, but one needs to build on the legal ground. Divorce without good cause is a specific injury that is not allowed under the Shariah. The Muslim women have the rights to seek divorce with the valid reason which should be brought to the court. Women face more obstacles in terms of evidential requirements and delays when exercising their rights to divorce as compared to men. In addition to this, when men exercises Talaq contrary to the legislative provisions, the methods of divorce available to women are said to be discriminatory in nature. Though Islam is a perfect religion, some Muslims tarnish the name of it with their misconducts. There are still rooms for improvement regarding the treatment of women regarding their rights in divorce matters.
