Talaq or Divorce is the
most hated and abominable act. Yet it is a prohibited necessity
of any human society. Without the provision of Talaq unrelenting
wives are poisoned, burnt alive, or forced to live in a miserable
condition. In order to rescue a woman from such a miserable
condition Islam has rightly granted the provision for Talaq.
However one must bear in mind that Islam has outlined positive
ways to have a lasting and harmonious relationship between
a husband and wife. Thus only when it becomes humanly impossible
for a husband and wife to continue their conjugal life amicably,
they should separate from each other using Talaq.
The husband has no right to reclaim from the spouse whatever
he has spent on her earlier like jewellery, clothes etc.
In fact Islam encourages the husband to send her off after
divorcing her with gifts and maximum other provisions possible.
Islam considers it a shameful act for the husband if he demands
or tries to regain the things that were given by him out
of love to his wife when both of them were in wedlock.
If the wife demands a divorce from her husband it is known
as Khula in the lexicon of the Shariah (Islamic Law). The
husband cannot rejoin his wife if she exercises her right
of Khula. However there is a provision for both of them to
remarry if decided amicably between them.
It is a reality that these rules are not strictly adhered
to in a Muslim society. Due to misapplication of the norms
of Talaq many a woman have to suffer. However the responsibility
and blame for the sufferings faced by women must be upon
those who are either totally ignorant of Islamic principles
or are openly flouting them. Under no condition can Islam
be blamed for their malpractices.