And they separated Happily ever after…

You must have seen this ending line in any movie that says ‘And they lived happily ever
after...’.Since our childhood, watching Disney movies or even Hollywood movies left this idea of
Marriage in mind that it is something meant to be a beginning of good days or a solution to many
of the problems either emotional or financial, interpreted according to the plot or presented story.
It is projected as a magical antidote that removes all the present and upcoming problems of life.
However, not everyone gets to experience this happily ever after in the same way as they thought
it to be. It is a believed fact that life cannot be perfect, or the human being cannot reach the level
of complete contentment. The whole idea of perfection is not attainable. With a series of
unlikable circumstances marriage often makes one’s life more miserable and it continues to stay
it is if the right decision is not made by mutual consent of both partners. Even then there are
chances of disagreement or difference in opinion from the husband or wife’s side and several
reasons for it. Whereas, in several cultural contexts marriage is taken as once in a lifetime event
where the man and woman are bound to remain in that relationship till their death. The idea of
separation or having a divorce is taken as taboo. Also, if one does get a divorce is treated as
someone inferior assuming that she or he has certain flaws due to which the marriage could not
stay ‘forever’. Therefore, there is a need for awareness that marriage should not be taken as a life
or death situation where one does remain in the relationship or die else. The idea of separation or
having a divorce should not become a source of social guilty for anyone. An individual should be
given enough freedom of choice to decide if he/she wants to continue the relationship or not. As
it is a believed fact even in a cultural context that marriage is a bond of mutual understanding
along with other affectionate characteristics that include love and care.
Every individual should have the basic knowledge of divorce laws as it is one’s right if he/she
decides to go for it. Law is medium that is free of cultural biases and based on authentic grounds
especially, in the context of Pakistan where the law is based on Islamic principles i.e Shariah. In
order to have the knowledge regarding basic divorce law structure not just according to Islamic
law but to western law as well, this following article provides a comparison between both laws.
According to Pakistan family laws that are based on shariah regarding marriage there is no
precondition to marriage. In which there is a nominal ‘Haq Mehar’ that is fixed by the family
according to their own will which implies that there is no fixed amount that the groom is bound
to pay. Moreover, the right to divorce is given to both husband and wife in all Islamic countries
where the right to divorce given to the wife is known as ‘Khula’. Whereas, in western countries,
the right to divorce in countries such as the US, Australia, and the UK, is given primarily to
women. Along with that, there is a condition that if the man wants to divorce his wife, he is
bound to give a proper share of his property, income, and inheritance. This implies how flexible
Islamic laws are in terms of financial constraints. It can be seen as a positive aspect that allows
avoiding any useless delay in the separation where the man might not be willing to give divorce
just for the sake of not in favor of sharing a considerable amount of his assets.
Another prominent difference can be noted regarding the procedure of divorce according to
various ‘Fqihs’. Here divorce is not a one-time decision in the sense that the man must
pronounce three times for it that is considered as One or First Divorce Pronounced as a whole.
To understand this comprehensively, this entire concept in Islamic law is based on the idea to
ensure that there is a certain time and space provided to both husband and wife before they
decide to separate. Therefore, provides a possibility for their reconciliation if they wish to.
Therefore, there are these three stages set for divorce. Whereas, in western law, there is no such
obligation or stage to pronounce the divorce. It should be noted though that in western law if
after a verbal divorce the couple has a change of mind, they can remake their marriage and the
verbal divorce is considered null and void with no penalty or condition to be fulfilled. On the
other hand, if a man pronounces verbal divorce and no formal documentation has been made for
it the couple can remake but with a condition to provide food to a certain number of people as
per shariah.
Moreover, if the couple after divorce wants to remarry there is no set condition in western law.
Keeping in view the Islamic law, to remarry there is the concept of ‘halala’ that is a precondition
for remarrying according to the shariah.
Comparing both laws on a generic level, western divorce laws provide financial security to
women whereas Islamic laws financially do it only for the children if the couple has any. In
Islamic law after divorce, the man is not bound to provide monthly expenses to the woman but
for the children, there is a set proportion of his income or wealth that is to be given on monthly
basis to his children.
Moreover, considering the fact if a man is poor or unable to financially support his children, the
Islamic law there are numerous sources. One is the concept of zakat as a social responsibility that
can provide economic or financial aid. Also, the concept of family shares can be another source
too. Furthermore, the family head which can be any of the grandparents is supposed to take
responsibility for their son or daughter’s children. This concept of family head is nowhere to be
found in western law. In western law the individuals are responsible to take care of their
children, no one else from the family member is bound to support their children in any way.
To sum up, both the Western and Islamic laws of divorce have a significant impact and role in
providing liberty to individuals which is culturally appropriate and acceptable worldwide.
However, the majority of the public remains ignorant to understand or have a basic knowledge of
the law. Hence, one keeps on facing abuse which includes domestic abuse too. Therefore, it is
important to have awareness and basic knowledge regarding law that is meant to provide security
and general safety to the citizens. One with this knowledge fears less and can strive for a better
place in society. One can live happily ever after either a marriage or divorce. It is all about
making the right decision at the right time where the law can act as a basic aid to ensure safety
and security for all.