Islamic Studies and Quranic Research in the Contemporary World

Islamic Studies and Quranic Research in the Contemporary World

Rethinking the Concept of Right to Divorce in Quranic Verses

Document Type : Original Article

Authors
1 Associate Professor, Department of Women and Family Studies, Faculty of Social Sciences and Economics, Alzahra University, Tehran, Iran
2 M.A. Graduate in Women and Family Studies, Faculty of Social and Economic Sciences Alzahra University.Tehran. Iran
Abstract
In Arabic, the term "talaq" (divorce) means to let go, and it was used by Arabs before Islam to refer to separation from one's wife. Islamic law recognizes various forms of divorce, and divorce is generally considered to be a man's prerogative. However, this emphasis in Islamic jurisprudence and civil laws has raised human rights concerns, challenging the gender-biased nature of Islamic principles. This research aims to re-examine the Quranic verses related to the right to divorce. This article seeks to address the extent to which the Quranic foundations of the right to divorce can be invoked and whether the notion that divorce is a man's prerogative and that it is he man who must decide on divorce has any Quranic basis.
Based on the findings of this research, conducted through a comparative analysis of marriage and divorce verses, it was found that the verses related to the necessity of women's consent in marriage, the injunction to love and mercy between spouses, women's rights in marriage and divorce, the need for agreement and consent of both parties in the contract, and the right of enslaved and free women to consensual marriage and divorce indicate that the concept of men's right and prerogative to divorce needs to be re-examined and its Quranic documentation critically studied. In other words, it cannot be accepted that based on the Quranic verses, marriage, whose main pillar is the consent of both parties and is intended for mutual understanding and affection, should be solely in the hands of one of the spouses at the time of separation
Keywords

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  • Receive Date 20 February 2023
  • Revise Date 28 March 2023
  • Accept Date 28 August 2023
  • First Publish Date 28 August 2023
  • Publish Date 28 May 2023