Shariah on Divorce and Inheritance Issues
The following are exerts from Book N and Book L from the Reliance of the Traveller. – The Muslim handbook on Shariah Law.
Note: Divorce is not encouraged and is frowned upon.
n1.0 WHO MAY EFFECT A DIVORCE
(O: The legal basis for the permissibility of divorce is the Koran, sunna, and consensus of Muslims.)
as for the sunna, there is the rigorously authenticated (sahih) hadith. “No permissible thing is more detested by Allah than divorce.”
Our sheikh, Bajuri, says the meaning of permissible in the hadith is offensive, since it is permissible, meaninglawful, though detested by Allah.
Note: Women are not permitted to Divorce. Only the Husband can divorce the wife.
n1.1 Divorce is valid from any:
(b) who is sane;
(c) has reached puberty;
(d) and who voluntarily effects it.
A divorce is not valid from:
(1) (non-(c) above) a child;
(2) (non-(b)) someone insane;
Note: Only saying you are divorced is enough
n3.2 Using plain words to effect a divorce means expressly pronouncing the word divorce (O: or words
derived from it). When the husband says’ “ I divorce you,” or “ You are divorced,” the wife is divorced
whether he has made the intention or not.
Note: Husbands can set conditions that will trigger a divorce.
n4.3 If the husband says, “If you leave the house without my permission, you are divorced,” then gives her permission to go out, and she does but then goes out a second time without permission, she is not divorced.
If he says, “Anytime you go out without my permission you are divorced,” then if she leaves at anytime without permission, she is divorced.
n4.6 When the husband makes a divorce conditional on another person’s act, such as by saying. “If Soand-
so enters the house, you are divorced,”
CHILD CUSTODY ISSUES –
The Children belong to the Father and not the Mother
n10.2 The husband of a woman who bears a child (O: no matter whether his marriage to her is valid or
invalid) is considered to be the child’s father whenever it is (N: legally) possible that the child could be
his, meaning that:
Book L Pages 460 – 505
The section is 45 pages in length and is very complex. When you have men who are married to 4 wives and the multitude of Children that are produced from the marriage, you can imagine that there are many things to consider dealing with ones estate.
The point you should know is that girls are considered half the value of a male therefore, she gets only half of what her brother would get.