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    Divorce laws reform in England and Wales (OP)


    Assalamu alaikum wa rahmatullahi wa barakaatuh,

    In 2019, divorce laws in England and Wales are to be reformed so that the divorce process does not have to begin by one spouse making an allegation against the other spouse, to make the process quicker and reduce acrimony:

    https://www.bbc.co.uk/news/amp/uk-47860144

    1440 years ago, no blame divorces were enshrined in Islamic law.

    ,"Currently in England and Wales, "no-fault" divorces can take a long time - with couples having to prove they have been living apart for at least one year in Scotland, and at least two years in the rest of the UK."

    Islam freed us from such restrictions.

    It is also said no blame divorces will reduce acrimony, and we were told 1440 years ago that even divorces are to be done with kindness, good treatment and manners, subhaanallah.
    Last edited by Insaanah; 04-10-2019 at 10:13 PM. Reason: Added a comma for clarity
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    Divorce laws reform in England and Wales


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    Re: Divorce laws reform in England and Wales

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    Quote Originally Posted by Junon View Post
    Im disappointed with the OP, I know its not intended but we shouldn't encourage inadvertently the 'casualisation' of marriage. We know where it can lead.
    I believe, and I might be wrong since I am far from an expert at these things, that what the OP meant is not that divorce should be trivial.

    My understanding of "no blame" divorce laws is not that people can casually divorce for no reason. But that traditionally countries required one spouse to officially blame (as in on a public record) the other for something in order to ask for a divorce. This leads to court battles over children and money. And ends up costing more money than it is worth and causing even more stress for everyone in the family. The idea of it being "no blame" simply means that if there is an issue that they consider is serious enough and that is unable to be fixed, both husband and wife can both agree to divorce without publicly stating the other one's wrongdoing to the government.

    Naturally, a divorce is a VERY serious thing and should only be undertaken as a last resort if there are no other possibilities and everything has been tried to fix the issue.
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    Re: Divorce laws reform in England and Wales

    The OP's post is clear, he was just showing that what the western world just progressed in now in regards to divorce, Islam had it 14 centuries ago. I think it's important to point things like this out so people see that Islam is already what people are only getting civilised in now. This is an excellent way of dawah
    Last edited by Ahmed.; 06-16-2019 at 06:07 PM.
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  5. #23
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    Re: Divorce laws reform in England and Wales



    Quote Originally Posted by Mandy View Post
    I believe, and I might be wrong since I am far from an expert at these things, that what the OP meant is not that divorce should be trivial.

    My understanding of "no blame" divorce laws is not that people can casually divorce for no reason. But that traditionally countries required one spouse to officially blame (as in on a public record) the other for something in order to ask for a divorce. This leads to court battles over children and money. And ends up costing more money than it is worth and causing even more stress for everyone in the family. The idea of it being "no blame" simply means that if there is an issue that they consider is serious enough and that is unable to be fixed, both husband and wife can both agree to divorce without publicly stating the other one's wrongdoing to the government.

    Naturally, a divorce is a VERY serious thing and should only be undertaken as a last resort if there are no other possibilities and everything has been tried to fix the issue.
    Jazaakallah khair sister for articulating what I was trying to get across but in a better way than I did, and it seems I should have used a better, clearer choice of words, as my words have caused misinterpretation, even among those who know my posts over the years, and I apologise for this.

    One example of what you have stated above, is the following hadeeth well known by those studying Islamic family law and divorce law, when the wife of Thabit bin Qais wanted khula from her husband. Note the dignified way in which she did not apportion any blame to him:

    Narrated Ibn `Abbas (May Allah be pleased with them both)
    The wife of Thabit bin Qais bin Shammas came to the Prophet (ﷺ) and said, "O Allah's Messenger (ﷺ)! I do not blame Thabit for any defects in his character or his religion, but I am afraid that I (being a Muslim) may become unthankful for Allah's Blessings." On that, Allah's Messenger (ﷺ) said (to her), 'Will you return his garden to him?" She said, "Yes." So she returned his garden to him and the Prophet (ﷺ) told him to divorce her.


    Sahih al Bukhari 5276
    https://sunnah.com/bukhari/68/25

    Some translations of the hadeeth say “I fear I may fall into disbelief” .

    And Allah knows best and may He forgive me for any mistakes.
    Last edited by Insaanah; 06-18-2019 at 03:04 PM.
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    Divorce laws reform in England and Wales


    Stunningly beautiful adhaan from the Dome of the Rock in Masjid ul Aqsa
    Download (right click and choose "save target/link as").


    This is a clear message for mankind in order that they may be warned thereby, and that they may know that He is only One God, and that those of understanding may take heed (14:52)


    Indeed Allah knows, and you know not (16: 74, part)


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