A Divorce Dilemma

A Divorce Dilemma

On December 27, the report was published in “The News International” that a major spike, in divorce, has been seen in the last six months in Rawalpindi Courts. According to the reports, 550 couples’ distances from themselves and received a legally effective certificate of divorce from Metropolitan Corporation Rawalpindi (MCR). Apart from that, 250 spouses applied for the Khula Certificate in the court during this time.

Council Officer(CO) Noshia Afzal of MCR told ‘The News’ that “Divorce ratio is increasing to an alarming level, but couples are not ready to bear each other”. She further added that the court provide three months deadline to the couple to reconsider their decision but in 95% of cases the couple doesn’t. According to experts the main reasons for divorce is not “poverty” but the poor family structure, couples not compromising with each other, and misunderstanding between them.  

A Nikah is a social contract between two opposite sex and both male and female are free to break this contract whenever they perceive that this social contract is not pursuing their interest. However, in Pakistani society, there are certainly religious, social, and cultural norms that must be considered before taking this step. “Divorce” in Islam is legal but a disliked act before Allah. Prophet Muhammad (SAW) said: “There is nothing like marriage, for two who love one another”. In addition to that, more value is provided to marriage in Pakistani culture and society. The family of a boy and girl take a keen interest in their marriage, particularly its functions.

The recent report from the MCR is alarming for the family structure of society. It is a spouse who makes a family, and family then builds a society. A well-organized family will provide healthier & active children and youth to society from that of ill-organized. A parent-child relationship is extremely important for children to be successful in life as well as in society. In the case, if the parents of children parted away, then it is mostly possible that the children will not receive that love and affection which they required and it will affect them psychologically and emotionally, which in turn will make them unable to perform up to their maximum potential in any field of life. The member of the family also contributes to the economy of the country because these members produce and distribute goods and services, in addition to consuming these capitals in an organized manner.

There are enormous reasons for the couples applying for divorce, prominent among them are extramarital affairs, which we have seen in 2020 mostly from the stars of the showbiz industry; the abusive language of the husband; the joint family system; trust deficit between the spouses; high expectations in case of love marriage which remained unfulfilled after the marriage;  in some situation, arrange marriage, when both are not agreeing to accept each other and entering into polygamy without the consent of the first wife.  

However, the ratio of divorce in Pakistan is less than its western countries, but in the fast few years it is increasing, if the trend continues like this, we will equalize the ratio with them. This divorce dilemma if not tackle at a time, will damage our society like cigarette damaging the lungs, which provides short terms satisfaction but bring a long-term sorrow. The State, as well as the civil society, must play their due role by addressing this issue. The law of state regarding divorce should be reconciled with Islamic law (for Muslims only), as there is a contradiction between the two, for the first verbal divorce is ineffective for the latter it is effective. And this may be the strong reason that most of the couple’s decisions are the same in front of the court after a three-month reconsideration. Verbal divorce decision is mostly taken in anxiety or in stress, for this, psychiatric treatment should be arranged for the husband before he lost control over his anxiety.

Both husband and wife, before signing this social contract must read and learn about the importance of marriage from a religious and social perspective. This contract is not a business contract, but it laid the foundation of family and society building, quitting it is like the fall of social building, which must be prevented.

By Nadeem Ullah