StudentShare
Contact Us
Sign In / Sign Up for FREE
Search
Go to advanced search...

Divorce - Essay Example

Comments (0) Cite this document
Summary
Name: Course: Tutor: Date: A Comparative Analysis of Divorce in Islamic Law and English Law Islamic Law and English Law on marriage and divorce are essentially determined by two different sets of beliefs, views and philosophies about the existence of man on the earth as well as in human society…
Download full paper File format: .doc, available for editing
GRAB THE BEST PAPER93.9% of users find it useful
Divorce
Read Text Preview

Extract of sample "Divorce"

Download file to see previous pages It is only the interpretation of Islamic law on marriage and divorce from a religious perspective. But a neutral and unbiased sociological interpretation of the Islamic laws related to marriage and divorce will necessarily reveal that Islamic laws are devoted to highlight a balanced support to both the individuals and the society. On the other hand, English law depends on a secular view of man and his existence in human society. This secular view assumes that man is essentially a self-sufficient structural functional entity who can decide his own life choice. Therefore, English law regarding marriage and divorce necessarily solely emphasizes on the individuals’ freedom and choice. It considers that individuals are the sole decision-maker in important matters like marriage and divorce. Indeed, this philosophical disparity determines all basic difference as well as similarities between the two laws. An in-depth analysis of divorce in Islamic Law necessarily demands a substantive description of how this legal systems view marriage. In Islam, a marriage is endowed with two facets: divine facet and social facet. The religious aspect of marriage necessarily assumes that it is a divine duty of every Muslim to marry and lead a peaceful and sacred conjugal life. According to Muhammad, it is a part of a Muslim’s faith in the divine. Simultaneously, it is his or her social duty also. In this regard, Mian Muhibullah Kakakhel (2008) likes to view the Islamic concept of marriage and divorce as following: It is well settled that marriage amongst Muslims is not a sacrament, but in the nature of a civil contract. Such a contract undoubtedly has spiritual and moral overtones and undertones but legally, in essence, it remains a contract between the parties which can be the subject of dissolution for good cause. (paras. 1) In order to a life of sanctity and prevent the social anarchy caused by promiscuous sexuality, a man must marry a woman, if his situation is physically and economically affordable to lead a conjugal life. Therefore, the primary requisites of marriage in Islam are that a Muslim must be able to fulfill the demands of sexuality as well as the economic needs of his family. If any person can fulfill these demands, he can enter marriage which is essentially considered as a social contract in Islam. The requisite for women to enter the marital contract is much easier than men. Since the economic expense of conjugal life sole pivots on men, women are free of the economic obligations. Hence, these prerequisites of Islamic marriage, in fact, determine those of divorce in Islam. Divorce in Islam is considered as the most heinous legality which empowers a man to divorce his wife without showing any reasonable cause. It is because Islam demands the unquestionable loyalty of women to their husbands. In this regard, a man will not be accountable to the Sharia council or the Islamic Legal system which consists of the elders and the religious authority of the society, unless his wife brings a charge of sexual perversion against him. On the other hand, a Muslim woman seeks divorce, she must appeal to the Sharia Council with the charges that her husband is sexually impotent or missing for years (Kakakhel, 2008, paras.2-7). The rule of divorce for men is different from that of women. If a man seeks divorce, the term, ‘ ...Download file to see next pages Read More
Cite this document
  • APA
  • MLA
  • CHICAGO
(“Divorce Essay Example | Topics and Well Written Essays - 1500 words”, n.d.)
Retrieved from https://studentshare.org/law/1488737-divorce
(Divorce Essay Example | Topics and Well Written Essays - 1500 Words)
https://studentshare.org/law/1488737-divorce.
“Divorce Essay Example | Topics and Well Written Essays - 1500 Words”, n.d. https://studentshare.org/law/1488737-divorce.
  • Cited: 0 times
Comments (0)
Click to create a comment or rate a document

CHECK THESE SAMPLES OF Divorce

Divorce

... have are usually ignored and rarely discussed in the relationship. Communication enables the parties to overcome similar problems in the future and helps in improving a relationship. The lack of adequate communication results in men ending the relationships with their spouses. Communication results in fights aiming to keep a marriage or the departure of a partner. This paper tries to answer the question; does the issue of maturity among the partners play a role in initiating a divorce? The candidates interviewed are a male and a female who have experience on the issue. Communication enables couples to prevent any of the partner’s self esteem from getting hurt in a relationship. It helps in eliminating the effects of fighting, quarrelling...
4 Pages (1000 words) Research Paper

Divorce

...fundamental role in sustenance of marriage. However, times arise when the links of effective communication simply dies. Family issues become hard to solve amicably due to lack of proper communication (Clarke-Stewart and Cornelia 17-25). Additionally, poor communication causes misunderstanding. More often than not, small issues, which could have been solved through communication, are not handled. As a consequence, misunderstanding and mistrust results. Partners no longer trust each other and opt to divorce or separate. A good relationship begins with good foundation. This explains why effective and efficient courtship is important. However, challenges of modern society have made it difficult to have effective courtship. An appreciable...
3 Pages (750 words) Essay

Divorce

...and religious dimensions, staying together has no such attributes so that the partners in such relationships can break their relationship at any time. “A divorce can feel like a big storm. Before the storm, the air may be filled with tension” (Winchester & Beyer, 2001, p.30). It should be noted that problems may arise in family life from various corners. It may be because of the different views kept by the partners about their life. For example, it is quite possible that a husband take shelter in alcoholism, drug addiction or extra marital affairs to enjoy his life. On the hand, his wife may not accept these behaviours. She could be a highly religious person who has faith and belief in God. So their family life may not...
7 Pages (1750 words) Research Paper

Divorce

...debt. The thesis statement is: occurrences as well as effects of divorce can be minimized. The work describes several activities meant to ease divorce victims, more so children and old adults who may depend on other family members for financial and emotional supports among other needs. The work describes the role of specialists like psychologists among other professionals. The work finally describes activities that could help reduce divorce cases and mitigate its effects. There is a high rate of divorce cases in the current generation; statistically about 40% of US populations are divorced. These high rates are triggered by current economic and social...
5 Pages (1250 words) Research Paper

Divorce

...a court can provide. One may understand that in our enclave, divorce is an adverse step for a demure and docile woman like Jackie. Judge: Let this not be a discourse, but I advocate divorce mediation as an eminent step to be taken as a marriage buttress before a couple comes to court. Often marriages are saved when divorce mediators arbitrate and collaborate to get couples back together. So rather than making divorce mediation sound as a defect in the system, I would insist the lawyer to cohere to the specific case. Please divulge the details endemic to the case. Lawyer: Yes, your honour. As you state, the issue of divorce mediation is an arbitrary one....
4 Pages (1000 words) Case Study

Divorce

.... Couples would often decide to part ways in certain extreme cases that may not be pardonable such as severe abuse, adultery and denial of conjugal rights in some instances. All these conditions would expose another partner to the harsh reality that he or she would be better off alone than keeping on holding to an otherwise dead marriage or a dangerous one that is life threatening to another partner. After carefully considering that divorce would be the only viable way forward, the couple would then part ways. In most cases, chances of remarriage after a divorce are very rare given the undesirable circumstances that often surround the whole situation. In our contemporary times, both socially and biblically, divorce is often associated...
1 Pages (250 words) Essay

Divorce

... own self-esteem at the same time. The inability of the couples to appreciate their partner and the values of marriage has led to the soaring statistics of divorces (Kramer). With the advent of the same-sex marriages and state laws permitting them, a difference can be seen in couple behaviors and relationship attitudes between the same-sex and heterosexual couples. A very intriguing concept put forward by Peter D. Kramer, analyses the values of autonomy and mutuality amongst the couples and the importance of their equivalent preservation. Autonomy is one of those values that is imprinted in the American psychology and even in marriages the couples are emphasizing on maintaining their self-beliefs and their true identity against whatever...
5 Pages (1250 words) Essay

Divorce

.... Psychologists have extensively researched on the effects that divorce has on children and evidence converges at the point that it ultimately leads to the deterioration of their mental health even adulthood. In this paper I will be arguing and justifying why the procedure of divorce is harmful in terms of impact especially on the moral status and ultimate behavior of the children who suffer it. Divorce has a tremendous negative effect not only the children but also the separating parents and ultimately society as it alters the family structure. Children may suffer the inevitable feeling of inadequacy, having to start a new life in a very unstable single parent family, and deprivation that may lead them to resent. Aggression and mood...
9 Pages (2250 words) Research Paper

Divorce

... of a family if the love is sacrificed to casual affairs. According to sociologists, the main conditions predetermining divorce is urbanization, migration, industrialization of the country, emancipation of women. These factors reduce the level of social control, make the life of people substantially anonymous, atrophy sense of responsibility, attachment, mutual care about each other. But it is only a background: each divorce has own main and accompanying reasons and motives. Divorce doesnt happen unexpectedly. As a rule it is preceded by the period of the conflict relations in a family. The thoughts about the divorce reflect the degree of satisfaction with the relationships in a family (Simons, 1996). Till 1980s sociologists believed...
2 Pages (500 words) Essay

The Impact and Effect of Divorce

..., the dynamics that affect the impact of divorce on all members of the family and the resulting psychological detriments associated with breaking up the family unit. The status of marriage and the cohabitation of couples in general, has changed substantially over the past 80 years or so (Saluter & Lugaila, 1996). In 1920, the divorce rate stood at about 12 percent. In 1960, about a quarter of marriages failed and by 1974, the number jumped to a full third of all marriages ending in divorce (Gutierrez, 1988). In 1996, it was reported that almost half (43 percent) of first marriages ended in either divorce or separation by the15th year of the relationship, according to a study conducted by the National Center for Health Statistics...
9 Pages (2250 words) Essay

Social Factors that Relate to Divorce

...negative impact of increasing educational qualifications among partners and the rising risks of highly qualified couples to separate. On an individual note, a high qualification on the part of the female partner had proven to have a positive effect on the longevity of a marriage. Further, there is strong evidence to establish that differences in the educational levels of both partners tend to have no significant influence on the risk of a divorce (Berrington and Ian Diamond, 2008). Although education is one of the important factors that influences a family and the tendency among partners to seek divorce as an option for ending an unhealthy marriage, there are several other important factors which are known to influence a marriage...
12 Pages (3000 words) Research Paper

Court Consideration of Divorce Claims in Which a Prenuptial Agreement Was Concluded

... to be manifestly unfair to one of the contracting parties.” 24 Furthermore, the court stated that the rule voiding prenuptial contracts is “unrealistic,” reflecting outdated morals and negating the ability of adults to take financial control in a world where divorce is commonplace. Also, the court noted that most of Europe recognizes the agreements and England is in “danger of isolation” by not recognizing these agreements.25 It appears that the Radmacher court has endorsed wholesale prenuptial agreements, however, this isn’t necessarily the case. While the court’s language seems to approve of the proposition that these agreements should be upheld as a matter of law, a more careful reading of this case shows that the reason why...
8 Pages (2000 words) Case Study

Cultural Models of Marriage and Divorce

...onnecting a source and a target. So it would be to say that when people describe their marriage with a metaphor they are using a source and trying to map it somehow with their own life (John Holcombe, 2007). Marriage is considered to be a tie between two people who are in love and wish to spend the rest of their lives with each other. However, Quinn believes, there is more to the concept of marriage and divorce than many people realized. Quinn interviewed a total of eleven married couples, the husbands and wives separately, over a time span of around fifteen to sixteen hours with as much of a short time span between the interviews as was possible. She used the conversation as her main gateway into how the use of language can show...
10 Pages (2500 words) Research Paper

The Impact of Divorce on Children

..., multilevel issue. Things like identity confusion, depression, and anxiety are all areas of psychological concern this paper will address. I will also address some of the hidden effects of divorce on children. Through this research I will demonstrate the harmful effects divorce has on children. The impacts of divorce on children: Introduction: One of the biggest social issues that have affected a vast majority of people specially in the advanced countries is unsuccessful marriage resulting into divorce. There are multiple reasons to explain why it is so that include but are not limited to lack of tolerance, lack of independence, conflicting personality traits, career being considered more important than marriage, lack of trust...
6 Pages (1500 words) Research Paper

The Complexity of the Division of Property upon Divorce

...in respect of married couples for a fair remedy on divorce, but the definition of “cohabitant” is not found in the Act and neither the duration of relationship. But, the court may make an order allowing the other party to occupy the property for an unlimited period. In relation to the cohabitation, the structure of the family, the overall family policy, its impact on the institution of marriage, the autonomy of the individuals, the interrelationships within the family and the family’s relationship with the society are very important. Apart from these issues, the courts need to consider ‘the balance of harm’ after taking into account the housing needs, housing and financial resources at the disposal of the parties, the...
9 Pages (2250 words) Coursework

Simulated Counseling Sessin - Topic: Fear of Commitment (Loving and Trusting) after Divorce/ Focus Group: 5 Divorced Men

...gravity of loss (Watts, 2003). This discourse details on the application of the areas of focus under Adlerian perspective as documented in a session. The main areas of the clients’ life are used to divide the session into segments. According to Jacobs (1999), grief and mourning can also be examined under Adlerian perspective as a disorder that expresses a whole range of inner social challenges which can be handled through therapy to correct the wrong perceptions held by clients. Adlerian Group Therapy Focus Group: 6 male friends affected by divorce are participating in the continuing group therapy focusing on the Adlerian perspective. These individuals include B.A., C.F., D.R., J.T., K.U., and L.E., who have presenting challenges...
7 Pages (1750 words) Coursework

Prenuptial Agreement - Surviving Family Conflict and Divorce

... the world in countries like United States, France, Norway and Switzerland. Prenuptial agreements are written contracts between the husband and spouse to secure anything in the case of a divorce. This contract helps both the husband and spouse to get over the problems of divorce and property ownership. This essay would further revolve around prenuptial agreements and would define their use in the modern days. Prenuptial agreements are being widely used all over the world to secure marriages by the individuals. Even celebrities are taking advantages of these prenuptial agreements and securing their marriage. The after effects of divorce are most prominently outlined in these agreements and it helps to protect the properties of people...
6 Pages (1500 words) Research Paper

Increased Divorce Rates in the US

...up in divorce for many reasons. These reasons include (1) many couples get married for the wrong reasons) and (2) they do not get their desires fulfilled which leads to arguments which makes their relation worst) because (3) most of couples do not know how to act fairly in an argument) and (4) they depend on each other for their emotional and physical needs while they feel independent in solving issues). However, I claim that marital issues intensify for couples because of their individual ego and cultural stigma in seeking help, and if they are mentally prepared to seek help or advice from someone trusted and consider therapies as a positive support to save their marriage, there will be no stone left unturned in...
8 Pages (2000 words) Assignment

The Effect of Unilateral Divorce on Family and Divorce Rate

... when a married couple consider that their togetherness is beyond the limits of compromise. The process of legal separation is bound to the state laws of the concerned parties and it normally takes a long time to close a case. In order to reduce the legal complications and time lapses during the judicial process, the United States has introduced a unilateral divorce law by which either party is able to get freedom from the troubled marriage without the consent of the other. Even as the new law encourages individual freedom, there are assumptions that it has some adverse impacts on the society such as declining values of marriage and increasing crime rates etc. This research paper will examine the changes and complications of social...
12 Pages (3000 words) Research Paper
sponsored ads
We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.

Let us find you another Essay on topic Divorce for FREE!

Contact Us