After Divorce

The question immediately after divorce is of ways and means to meet one’s necessary expenses. One’s answer is to resort to the Islamic law of inheritance. If women were to be given their due share according to Islamic law, there would be no question of a woman becoming destitute. But, sad to say, the majority of Muslim women fail to get their due share of inheritance from their deceased fathers and husbands as stipulated by Islamic law. This would be more than enough to meet such emergencies if they could do so.

However, Islam has not just left women’s financial problems to the vagaries of inheritance because parents are not invariably in possession of property that can be divided among their children. Further arrangements have been made under the maintenance law, but this has no connection with divorce law. Therefore, the answer to this question must be sought in the Islamic maintenance law. Here, we shall briefly describe some of its aspects:

1. In case the divorced woman is childless or the children are not earning, according to Islamic law, the responsibility for her maintenance falls on her father. That is, her situation will be the same as before marriage.

2. If the divorced woman has a son who is an earning family member, the responsibility for her maintenance falls entirely upon him.

3. In the case of the father being deceased, and where even her children cannot earn, her nearest relatives, such as brothers or uncles, are responsible for her upkeep. Without even this third form, the Islamic Shariah holds the State Treasury (baitul mal) responsible for bearing her expenses. She will be entitled to receive the money for her necessities.

Because of the number of provisions made under Islamic law for women, it has never been the case in Islamic history that Muslim divorced women have been cast adrift, helpless, with no one to look after them.

A new dimension has been added to the issue since the women of this day and age can leave their homes to work and are, therefore, not as entirely dependent on men as they used to be in the past: there is no need then to make laws which provide for them at the expense of their menfolk. What is the point in making such a law when earning like men? Only in exceptional cases, indeed, do they need to be looked after, and ways and means of doing so can generally be worked out satisfactorily on a personal level.

SHAPING THE FAMILY AND SOCIETY

Families are fundamental units of society, collectively shaping its fabric. If families are in good order, society will follow suit. Conversely, if families sink into a low moral state, society cannot prosper. Every person is born into a family, where he experiences his first lessons about home, family, and society. Therefore, to improve society, we must improve the quality of family members.

Everybody receives their first education within their families and homes. Those who receive a positive upbringing within their homes will likely exhibit similar societal behaviour. They will actively promote goodness, overlook unfavourable situations, and sincerely appreciate positive attributes in others. These individuals exemplify the highest moral character and contribute to the betterment of society.

Preparing the next generation is a mother’s responsibility. The human generation is like a flowing river, where the water is continually replaced. In human beings, too, the new replaces the old. And a mother plays a crucial role in preparing this new generation. The responsibility of supplying good human beings to every generation devolves upon her. If a mother understands her responsibility and prepares herself to fulfil this role, she can play a pivotal role in not only shaping the lives of her children on spiritual lines but, in turn, she will be able to shape society on positive lines.

Women play a pivotal role in shaping the character of individuals in a family. If mothers can develop goodness and high moral character in their children, they will be able to contribute to the betterment of society. It is indeed true: better home, better society.