Separating Spouses: a Detailed Answer

آحمد صبحي منصور Ýí 2008-01-18


daughter and sister etc. After this jurisprudence came down in Medina, (especially with regards a son marrying his father's wife for instance or those who married two sisters), the amendments clearly asked men not to marry their mothers or sisters etc.: &cent;And marry not those women whom your fathers married, except what hath already happened (of that nature) in the past. Lo! It was lewdness and abomination, and an evil way&cent; (Women, 22). He considered the marriage of a son to his father's widow or divorcee an abomination, as well as marrying two sisters at the same time. This applied to all marriages after Islam and not those that preceded it. This means that the Qur'an did not command anyone to be separated form his wife, although those were individual cases that could have been nulled just to apply the divine jurisprudence. This was to keep the family intact despite the jurisprudence. In Islam therefore, the concept of separation does not exist in an Islamic community. <br />
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There is one single exceptional case which Muslims and idolaters have suffered from following their emigration. Men had migrated to Medina and their wives refused to migrate wit them, holding on to religion and land. Some women likewise migrated to Medina and left their husbands behind out of belief in Islam. A war had begun between Mecca and Medina , and there was a total separation between those men and those women. An Islamic jurisprudence was therefore immediately issued for those people, where God ruled that this actual separation be transformed into a legal separation to enable idolaters from Medina to marry idolaters from Mecca, and for Muslims to marry Muslims. God also asked the men to pay dowries to the women's ex-husbands, and a new marriage began. This was in the Surra of &cent;She who is to be examined&cent; which stipulated for prohibiting the marriages of Muslims from idolaters, while asking people to be merciful to the idolaters who have not harmed the Muslims. Had there been no war between both cities, there would have been no need for this jurisprudence in the first place. This jurisprudence was made for construction and not separation between spouses. <br />
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History reveals that Abi Lahab's sons wanted to marry two of the Prophet's daughters, but left them under pressure from Abi Lahab and Om Gamil (Abi Lahab is an idolater). Also history shows that Zeinab, the Prophet's daughter, married an idolater who joined the idolaters in their war against the Prophet in the battle of Badr, and Muslims took him as prisoner of war. His wife, the Prophet's daughter, sent a contract to her father to free her husband. This means that she remained his wife in Mecca and did not leave it to go with her father to Medina, despite her Islam. She later left her idolatrous husband and migrated, soon to be followed by him after converting to Islam. <br />
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What we can learn from this is that marriage is from God regardless of creed, and that in Islamic jurisprudence there is nothing called separation of spouses because of creed, unless they chose to separate with their own free will.</p>
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