Love and family
23 September 2021, Diarra Faye
This question does not have legally binding limits, but rather moral limits. When we read the Prophetic Tradition saying: “Divorce is the lawful that God hates the most,” we find that the meaning it inspires is the need for the man who wants to exercise his right to divorce, to exercise it in opening up to God, desiring him to be loved by God. If God allowed divorce in the interests of humans, man should not take it and exercise it at will.
Because even if the divorce is lawful, it is a lawful hated by God and, therefore, it is reprehensible and, with its reprehensible character, it approaches the illegal. It goes without saying that the man who seeks that God be satisfied with him and that he be loved by God and close to him does not divorce on a whim or at the whim of his fancies. Before getting divorced, it is necessary to study the question in a rigorous and profound manner so as to act only after having exhausted all the means likely to safeguard the marital relationship in its continuity, in its clarity and in its force. It is necessary to act as if it were an extreme operation which only intervenes once the problem or the disease has reached the limit of danger. It also goes without saying that any law can only protect itself through the person who applies it: assuming that, from the point of view of Islam, the divorce is conditioned and subject to precise and well-determined rules, men can always bend the rules to settle into the permissive situation they desire.
We notice, for example, that God does not allow a man to recover, without right, the dowry he had paid to his wife. Nor does it allow her to put pressure on her in this area. But some husbands may behave towards their wives in a morally unacceptable or legally perverse manner. They may be pressured into doing it under the pressure of their whims and passions in order to force women to give up everything in order to obtain a divorce. By behaving in this way, the man only circumvents the legal prohibition by following the path which obliges the woman to accept the abandonment of her rights.
From these facts, we can say that many matters, and especially those relating to human relations, cannot be subjected to geometric rules which would set them in motion according to certain calculations, or which would put them in rest according to some other calculations. It is necessary, in this regard, that the moral Islamic personality which bows before what is permitted by God as it does before what is forbidden by Him, manifests itself through the moral options which bring man closer to God.
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