Table of Contents

Importance of Islam ............................................................................................................................ 3

Marriage: ............................................................................................................................................... 6
Rulings: .................................................................................................................................................. 8
Evidence: ............................................................................................................................................. 10
Divorce:................................................................................................................................................ 13
Conclusion:.......................................................................................................................................... 17
References: ......................................................................................................................................... 18
Importance of Islam
At the core of Islam is the focus of an individual’s personal relationship with God,
their Creator. It encourages a believer to have sustained awareness of God which is
a key to lasting happiness.

Islam teaches that God is the source of peace. By focusing on this important
relationship and following God’s guidance, believers will be able to acquire inner
peace and tranquillity. Seeking lasting happiness through other means, such as
following one’s desires or the accumulation of material possessions, will never fill
the void we have. This need can only be filled with the awareness of God.

True contentment is found in acknowledging and obeying the Creator:

“Truly, in remembering God do hearts find rest.”
(Quran 13:28)

The primary reason for this close relationship is that Muslims have a direct
connection with their Creator. There is no intermediary, such as praying to, or
through, others, in worshipping God.

Islam gives a person a clear perspective on the events that happen in their life,
both good and bad, as they are, in fact, tests from God. It encourages a person to
understand events in the context of the overall purpose of life, which is to
acknowledge God and obey Him. He created humans with intellect and free will to
test them as to who will wilfully choose to follow His guidance. This life is an
ultimate testing ground and although we cannot control everything that happens
to us, we can control how we react. Islam encourages a person to focus on what is
in their control, to be grateful to God for blessings, and to be patient during
hardships. Patience or gratitude – this is the formula for a happy life.

Islam encourages the believer to remain free from the extremes of worldly
happiness that may cause one to forget God, and the extremes of sadness that
may cause one to lose hope and blame God. By not being overly attached to the
material world, a Muslim is empowered not only to better handle any calamities,
but to be beneficial and generous to society. This leads to a more balanced and
optimistic outlook on life.

Unlike other religions, Islam is not named after its founder or the community of its
birth. Islam is an attributive title that signifies obedience to God, the Creator of the
Universe. One of its main beauties is that it acknowledges the complete
perfection, greatness and uniqueness of God with absolutely no compromises. This
is reflected in Islam’s pure teachings of the attributes of God.

God always maintains attributes of perfection and does not do anything to

compromise this perfection such as “becoming a man” as claimed by other
religions. God does not do ungodly acts, so if God became man and took on human
attributes, he would, necessarily, no longer be God.

Islam is a religion in which faith is based on clear proof. It encourages people to use
their God given intelligence to think and ponder over their life and the universe.
Although this life is a test, God has provided sufficient signs and guidance to
people who are open-minded and sincere to be able to acknowledge the truth.

“We (God) have certainly sent down Signs that make things clear: and God guides
whom He wills to the straight path.”
(Quran 24:46)

Unlike other religions, there are many clear proofs, signs and miracles that the
book of Islam, The Quran, is from God.

The Quran Is free from any errors or contradictions, despite it being revealed over
a period of 23 years. It is preserved, word-for-word, since it was revealed in its
original Arabic language, unlike other scriptures which have been distorted,
changed or lost. It also contains a simple, pure and universal message that has a
profound effect on all those who are sincerely searching for the truth. The Quran
also contains a unique and inimitable style of language that is universally known as
the pinnacle of Arabic eloquence and linguistic beauty – yet the Quran was
revealed to Prophet Muhammad (peace be upon him) who was known to be
illiterate. It also ontains many amazing scientific facts which have only been
discovered recently, despite being revealed over 1400 years ago. The most rational
explanation for the many unique and miraculous aspects of the Quran is that it
cannot be from other than God.

Islam encourages a balance between hope in God’s mercy and fear of His
punishment – both of which are required to lead a positive and humble life. We are
born sinless but have the free will to commit sins. God created us and knows we
are imperfect and commit sins, but the key is how we react to committing those
mistakes.
“Do not despair of God’s mercy; He will forgive you of all your sins.”
(Quran 39:53)

Islam teaches that God is the Most Merciful and will forgive and pardon those who
sincerely want to repent. The beautiful steps for repentance include being sincere,
remorseful, refraining from committing the sin as well as having the intention not
to repeat it. Islam encourages a continuous process of self-development and self-
purification. This process happens directly between the individual and God – there
is no need for sins to be shared or “confessed” to a righteous person/priest.
Furthermore, God does not need to sacrifice himself to forgive sins, nor is anyone
“born into sin”.

Islam teaches that God is the Most Just and that each person will be held
responsible for their own actions on the Day of Judgement. Each person is
accountable, as they have freedom of choice and intelligence to discern between
right and wrong.

It is an absolute demand of justice that there be a Day of Judgement where every

person is rewarded or punished, otherwise life would be unjust as not everyone
receives true justice in this world.
Islam teaches that ultimately we will be judged for how well we fulfilled our
responsibilities and exercised our free will. We will be judged by God, the All
Knowing and All Wise, who knows and sees everything we do. This encourages a
more harmonious society and gives people contentment knowing that justice will
ultimately prevail.

Islam provides the right balance between faith and action, as both are required for
a stable life. It provides guidance for all situations and circumstances. It is a
practical religion with practical acts of worship that are designed to fulfil the
spiritual, physical, psychological and social needs of people.

Examples of practical acts of worship that have numerous benefits include:

• The five daily prayers – Enriches the soul by satisfying the spiritual need of
being in regular contact with God (especially in today’s busy lifestyle); makes
one humble by bowing and prostrating to God; removes any
barriers/pride/racism between believers praying in congregation; helps one
refrain from committing sins given the person stands regularly before God.
• The obligatory charity – Purifies a person from selfishness; encourages
empathy to the poor; reminds one of the blessings of God; helps reduce
poverty; bridges the gap between rich and poor.
• The fasting in Ramadan – Promotes spiritual self-purification, self-restraint
and growth; scientifically proven health benefits; empathy and awareness of
those less fortunate; trains people to acquire the habit of obeying God.
• The pilgrimage – Unites people of every colour, race, status and nationality,
as pilgrims wear simple and similar clothing, while performing a range of
good deeds in congregation.
• Given that Islam is from God, every command found in the religion is
ultimately good and beneficial to the individual and society when practised
correctly. Quranic examples include being honest, forgiving, truthful, kind to
one’s wife, patient, fair, moderate, modest, sincere, and respecting parents,
family and the elderly. There are also many principles in the teachings of
Islam that prevent or reduce many of the individual and social ills facing the
world today.
Marriage:
In Islam, marriage is a social and legal relationship intended to strengthen and
extend family relationships. Islamic marriage begins with a search for an
appropriate partner and is solemnized with an agreement of marriage,
the contract, and the wedding party. Islam is a strong advocate of marriage, and
the act of marriage is considered a religious duty through which the social unit is
established. Islamic marriage is the only permissible way for men and women to
engage in intimacy.

“And among His signs is this, that He created for you mates from among
yourselves, that you may dwell in peace and tranquility with them, and He has put
love and mercy between your (hearts): Verily in that are signs for those who
reflect” (Quran 30:21).

“O Humans revere your Guardian Lord, Who created you from a single person
created of like nature its mate, and from this scattered (like seeds) countless men
and women. Reverence Allah through Whom you claim your mutual rights” (Quran
4:1).

The above verses of the Quran lay out the framework for the basis and objectives
of marriage in Islam. In the ultimate Wisdom of Allah we are first told that both
partners, man and woman, are created from the same source and that this should
be paid attention to as it is one of His Signs.

The objective of marriage, according to the above Quranic verses, is to enable us to

dwell in peace and tranquility. It is important for us to reflect on these words and
their significance in the Islamic frame of reference.
In order to have peace certain condition must be met.
These prerequisites to peace are Justice, Fairness, Equity, Equality, and fulfillment
of mutual rights. Therefore any injustice whether it is oppression, or persecution,
cannot be tolerated if there is to be peace in Muslim homes.

In the domestic realm, oppression is manifested when the process of Shura

(consultation) is compromised, neglected or ignored. When one partner (in most
cases the husband) makes unilateral decisions and applies a dictatorial style of
leadership, peace is compromised. Persecution is present when there is any form
of domestic abuse being perpetrated.

Marital love in Islam inculcates the following:

• Faith: The love Muslim spouses have for each other should be for the sake of
Allah and to gain His pleasure. It is from Allah that we claim our mutual
rights (Quran 4:1) and it is to Allah that we are accountable for our behavior
as husbands and wives.
• It sustains: Love is not to consume but to sustain. Allah expresses His love
for us by providing sustenance. To love in Islam is to sustain our loved one
physically, emotionally, spiritually and intellectually, to the best of our
ability. (Note : To sustain materially is the husband’s duty. However, if the
wife wishes she can also contribute)
• Accepts: To love someone is to accept them for who they are. It is
selfishness to try and mould someone as we wish them to be. True love does
not attempt to crush individuality or control personal differences, but is
magnanimous and secure to accommodate differences.
• Challenges: Love challenges us to be all we can, it encourages us to tap into
our talents and it takes pride in our achievements. To enable our loved one
to realize their potential is the most rewarding experience.
• Merciful: Mercy compels us to love and love compels us to have mercy. In
the Islamic context the two are synonymous. The attribute Allah chose to be
the supreme for Himself is that He is the most Merciful. This attribute of
Rahman (the Merciful) is mentioned 170 times in the Quran, emphasizing
the significance for believers to be merciful. Mercy, in practical application,
means to have and show compassion and to be charitable.
• Forgiving: Love is never too proud to seek forgiveness or too stingy to
forgive. It is willing to let go of hurt and letdowns. Forgiveness allows us the
opportunity to improve and correct ourselves. Islam emphasizes the
principle that if we want God to forgive our mistakes, then we should be
forgiving of others too.
• Respect: To love is to respect and value the person, their contributions, and
their opinions. Respect does not allow us to take for granted our loved ones
or to ignore their input. How we interact with our spouses reflects whether
we respect them or not.
• Confidentiality: Trust is the most essential ingredient of love. When trust is
betrayed and confidentiality compromised, love loses its soul.
• Caring: Love fosters a deep fondness that dictates caring and sharing in all
that we do. The needs of our loved ones take precedence over our own.
• Kindness: The biography of the Prophet Muhammad (pbuh) is rich with
examples of acts of kindness he showed towards his family and particularly
his wives. Even when his patience was tried, he was never unkind in word or
deed. To love is to be kind.
• Grows: Marital love is not static, for it grows and flourishes with each day of
marital life. It requires work and commitment, and is nourished through
faith when we are thankful and appreciative of Allah blessings.
• Enhances: Love enhances our image and beautifies our world. It provides
emotional security and physical well being.
• Selflessness: Love gives unconditionally and protects dutifully.
• Truthful: Love is honesty without cruelty and loyalty without compromise.
Rulings:

1. Process
Marriage in Islam requires a series of steps and requirement so that the act can
take place.
1. Courtship: When searching for a spouse, Muslims often involve an extended
network of friends and family. Conflict arises when parents don't approve of
the child's choice, or parents and children have different expectations.
Perhaps the child is averse to marriage altogether. In Islamic marriage,
Muslim parents are not allowed to force their children into marrying
someone against their will.
2. Decision-Making: Muslims take very seriously the decision of whom to
marry. When it's time for a final decision, Muslims seek guidance from Allah
and Islamic teachings and advice from other knowledgeable people. How
Islamic marriage applies to practical life is also key in making a final decision.
3. Marriage Contract (Nikah): An Islamic marriage is considered both a mutual
social agreement and a legal contract. Negotiating and signing the contract
is a requirement of marriage under Islamic law, and certain conditions must
be upheld in order for it to be binding and recognized. Nikah, with its
primary and secondary requirements, is a solemn contract.
4. Wedding Party (Walimah): The public celebration of a marriage usually
involves a wedding party (walimah). In Islamic marriage, the family of the
groom is responsible for inviting the community to a celebration meal. The
details of how this party is structured and the traditions involved vary from
culture to culture: Some consider it obligatory; other only highly
recommend it. A walimah does not usually involve lavish spending when that
same money could be more wisely spent by the couple after marriage.

2. Choosing a Spouse:

1. Having faith and piety: According to Islam, the first criterion of the most
eligible person to marry is having faith and being pious; In other words,
the candidate should have a firm belief in Allah and the principles of
Islam. This characteristic is so important that without it no other criteria
is worthy of attention.
The holy Quran says: “And do not marry polytheistic women until they
believe. And a believing slave woman is better than a polytheist, even
though she might please you. And do not marry polytheistic men [to your
women] until they believe. And a believing slave is better than a
polytheist, even though he might please you” (2:221).
If a person believes in God and whatever He commands him/her to do,
consequently he/she will not be seduced by temptations of Satan, will be
 totally devoted to his/her own family and observant of his/her behavior
towards them, and will treat his/her spouse and the whole family fairly.
2. Morality: Another important feature in evaluating the suitable person for
marriage is being good-tempered and following the codes of morality in
his/her behavior. This characteristic has been defined as “being modest,
well-spoken and good-natured” by Imam Sadeq (AS).
Nevertheless, acting morally is not only restricted to being good-
tempered but includes honesty, chastity, using decent language,
forbearance, politeness, contentment, benevolence, faithfulness, and
generosity as well. The presence of morality in one’s behavior is so vital
that when Imam Reza (AS) was asked for his advice in marrying a person
who was famous for being ill-natured, he strongly disagreed.
3. Nobility of the family: It is stressed in the religion of Islam that one
should choose her/his spouse from a decent and noble family. Family
nobility does not mean fame, wealth, or social status; rather it means
modesty, chastity, purity, and religiousness, which will be all passed on to
the next generations.
The Messenger of Allah (PBUH&HP) has said in this regard: “Marry in the
lap of a decent family, since the semen and the genes have an effect.” He
has also said to avoid the greenery (herbs) growing over a sewer
(cesspool); i.e., a beautiful woman born and raised in an indecent family.
4. Compatibility: Islam also lays special emphasis on compatibility in
marriage. The marrying partners must be Kufw of each other; i.e., they
should be equal and close to one another in terms of religiosity and
morality, as well as social, financial, and also physical aspects. Spouses in
the Quran are likened to clothing: “They are clothing for you, and you are
clothing for them” (2:187). Just like clothes that should be of the right
size, color, and material to suit you well, your spouse has to be a suitable
match for you. But do not forget that in the Islamic view, the main point
of similarity is in the couple’s belief and faith. Prophet Muhammad
(PBUH&HP) has said: “a faithful man is suitable for a faithful woman and
a Muslim man is good for a Muslim woman”. Someone who is inferior in
faith to you may degrade your belief as well. Marriage is a means of the
elevation of the soul, so if it results in the opposite way the whole
purpose of this holy union will be wasted.
5. Physical and Mental health: Although health problems do not preclude
marriage, they have negative effects on the continuation of married life.
There are various narrations in the Islamic teachings on the importance
of marrying someone healthy and of sane state of mind: “when you
intend to marry a woman, ask about her physical characteristics since this
will create a bond of affection and love between you and your spouse”
Prophet Muhammad (PBUH&HP).
It has also been narrated from him that “Avoid marrying a stupid person
since her/his company is a woe”. Moreover, we are advised by him to
reject the proposal of a person who is accustomed to drinking alcohol for
its detrimental effects on the body and soul.
Evidence:
1. Quranic Verses:
• [2:221] Do not marry idolatresses unless they believe; a believing woman is
better than an idolatress, even if you like her. Nor shall you give your
daughters in marriage to idolatrous men, unless they believe. A believing
man .is better than an idolater, even if you like him. These invite to Hell,
while GOD invites to Paradise and forgiveness, as He wills. He clarifies His
revelations for the people, that they may take heed.
• [4:21] How could you take it back, after you have been intimate with each
other, and they had taken from you a solemn pledge?
• [4:22] Do not marry the women who were previously married to your fathers
- existing marriages are exempted and shall not be broken - for it is a gross
offense, and an abominable act.
• [4:23] Prohibited for you (in marriage) are your mothers, your daughters,
your sisters, the sisters of your fathers, the sisters of your mothers, the
daughters of your brother, the daughters of your sister, your nursing
mothers, the girls who nursed from the same woman as you, the mothers of
your wives, the daughters of your wives with whom you .have consummated
the marriage - if the marriage has not .been consummated, you may marry
the daughter. Also prohibited for you are the women who were married to
your genetic sons. Also, you shall not be married to two sisters at the same
time - but do not break up existing marriages. GOD is Forgiver, Most
Merciful.
• 4:24] Also prohibited are the women who are already married, unless they
flee their disbelieving husbands who are at war with you.* These are GOD's
commandments to you. All other categories are permitted for you in
marriage, so long as you pay them their due dowries. You shall maintain your
morality, by not committing adultery. Thus, whoever you like among them,
you shall pay them the dowry decreed for them. You commit no error by
mutually agreeing to any adjustments to the dowry. GOD is Omniscient,
Most Wise.
• [4:25] Those among you who cannot afford to marry free believing women,
may marry believing slave women. GOD knows best about your belief, and
you are equal to one another, as far as belief is concerned. You shall obtain
permission from their guardians before you marry them, and pay them their
due dowry equitably. They shall maintain moral behavior, by not committing
adultery, or having secret lovers. Once they are freed through marriage, if
they .commit adultery, their punishment shall be half of that for the free
women.* Marrying a slave shall be a last .resort for those unable to wait. To
be patient is better for you. GOD is Forgiver, Most Merciful.
• [24:32] You shall encourage those of you who are single to get married.
They may marry the righteous among your male and female servants, if they
are poor. GOD will enrich them from His grace. GOD is Bounteous, Knower.
• [25:74] And they say, "Our Lord, let our spouses and children be a source of
joy for us, and keep us in the forefront of the righteous."
• [40:8] "Our Lord, and admit them into the gardens of Eden that You
promised for them and for the righteous among their parents, spouses, and
children. You are the Almighty, Most Wise.
• [30:21] Among His proofs is that He created for you spouses from among
yourselves, in order to have tranquility and contentment with each other,
and He placed in your hearts love and care towards your spouses. In this,
there are sufficient proofs for people who think.
• [5:5] Today, all good food is made lawful for you. The food of the people of
the scripture is lawful for you. Also, you may marry the chaste women
among the believers, as well as the chaste women among the followers of
previous scripture, provided you pay them their due dowries. You shall
maintain chastity, not committing adultery, nor taking secret lovers. Anyone
who rejects faith, all his work will be in vain, and in the Hereafter he will be
with the losers.
2. Hadith:
• “Marriage is part of my sunnah, and whoever does not follow my sunnah has
nothing to do with me. Get married, for I am heartened by your great
numbers before the nations (of other Prophets).” (Sunan Ibn Majah)
Rasulullah s.a.w. encouraged his followers to get married if we have the
means to do so. Celibacy is not a practice endorsed by Rasulullah s.a.w. In a
hadith, three companions approached the Prophet s.a.w. to tell him of their
vigorous commitments to achieve a high status in the eyes of Allah s.w.t.
One of them told the Prophet s.a.w. that he will remain celibate as a sign of
his zealous religious devotion. The Prophet s.a.w. answered by saying that
even he himself marries. That is not a way to prove one’s devotion. Whoever
rejects the path of the Prophet’s way of life is not amongst him. This is not
the case, however, for those who do not reject marriage but are also not
married due to certain circumstances. Some notable scholars of the past do
not prohibit themselves from marriage but were too caught up in their
pursuit of knowledge that their time to leave this world later preceded any
opportunity for marriage.
• “Four are from the practices of the Messengers: modesty, the use of
perfume, the use of the tooth-stick, and marriage.” (Sunan At-Tirmizi)
As seen in this hadith, it is not just Prophet Muhammad s.a.w. but other
Messengers before him who got married too.
• “Get married, for I am heartened by your great numbers before the nations
(of other Prophets).” (Shu’ab Al-Iman)
Marriage does not only bring joy to the couple, but also to our beloved
Prophet s.a.w. This hadith also implies to us that the Prophet s.a.w. would be
happy to see his followers grow in our community size.
He encouraged us to procreate and build strong families that are inculcated
with the values of Islam. Pro-creation is part of life and Rasulullah s.a.w.
encouraged us to build our family and nurture them with the enduring
religious values that spark goodness to everyone.
•
• “And of His signs is that He created for you from yourselves mates that you
may find tranquillity in them, and He placed between you affection and
mercy. Indeed in that are signs for a people who give thought.” (Surah Ar-
Rum, 30:21)
• “Your spouses are a garment for you as you are for them” (Surah Al-Baqarah,
2:187)
In marriage, spouses protect, as well as beautify one another. The word
garment as seen in this verse means providing comfort, chastity, and
protection. Truly that is a lifetime commitment for both spouses which will
lead to the joy and comfort in marriage itself.
• When the Prophet s.a.w. congratulated a person who just got married, he
said: "May Allah bless you and send blessings upon you, and bring goodness
between you two." (Sunan At-Tirmizi)
It is part of his beautiful Sunnah to not just congratulate the newlywed but
to also pray for them to receive blessings from Allah s.w.t.
May Allah s.w.t. bless and protect the marriage institution that serves to
strengthen the moral values that sustain relationships within our
community.
Divorce:
Case Study:

An Analysis of the Causes of Divorce among Muslims in Mombasa County in the

Sharia Law Perspective

Divorce is the most hateful action permitted in Islamic law. Islam puts some
measures to ensure that the separation of two spouses will not occur. However, on
some occasions, dissolution will become necessary because two parties cannot live
together in an atmosphere of hatred and disaffection. Recently, cases about the
repeal have been increasing rapidly among Muslim society in Mombasa County.
This study explores the issues causing divorce among spouses in Mombasa County.
The result shows that some of the reasons for divorce are poverty and
unemployment, seeking a job overseas, psychological problems, drug addiction,
family interference, early and forced marriage, cultural issues, and domestic
violence.

Divorce (Talāq) is among the detested of legal actions permitted by Islam.

Moreover, Islam considers divorce as evil. Any means must prevent it, but marital
relations become bitter in some situations, and two spouses cannot stay together
in an atmosphere of hatred and disaffection. Under Islamic Sharia, the divorce may
occur by the act of the spouses themselves or by a decree of the kadhis court.
Therefore, it is essential to understand the meaning of Talāq. The word Talāq is an
Arabic name which means to untie or to set free (al-Fayumi, n.d). Technically, there
are different variations statements from Muslim jurists in using the term Talāq.
Hanafi jurists explain Talāq as breaking the marital relation immediately or
eventually with a specific word (‘Abidin, 1998). While the school of Malik defines
Talāq as a kind of act that will prevent husband enjoyment to his wife, and if it
occurs twice, it will forbid him to have sexual intercourse unless he formulates
marriage again (al-Qurṭubi, 2003). Shafi'i interprets Talāq as the dissolution of a
spousal relationship by pronouncing Talāq or similar to it (al-Shirbini, 2006). Lastly,
Hanbali Jurists illustrate that Talāq is breaking marital relations (Ibn Qudama,
1997). According to these definitions, Muslim jurists agreed that the dissolution of
marriage or annulment of its legality occurs by pronouncing certain words such as
Talāq or the equivalent to it. It also approved legislation whereby the marital
relationship can no longer continue and achieve its d objectives. The trend of
divorce cases recorded in Mombasa in the last five years between 2015 –2019
stood at 1371 topics. The consequences of divorce cases have dire effects on socio-
economic, political, and cultural instability within Mombasa County and the coast
region. Several grounds lead to a rise in divorces such as misunderstandings
between couples, poverty, unemployment, seeking a job overseas, drug addiction,
family interference, early and forced marriage, cultural issues, domestic violence,
distress, and depression, extramarital affairs, and others.

There are so many legal verses from the Quran and hadith on divorce's legality.
Quran (Q.S. Al-Baqarah, 229) mentions 'the Divorce is twice, after that either you
retain her on reasonable terms or release her with kindness.' This verse revealed
that due to Jāhilīyā (Pre-Islam Arab) era, a person could divorce his wife hundreds
of times or even more and take them back while they are in the iddah period. One
day a man swore to his wife, “I will neither divorce you irrevocably nor give you
residence ever.” The woman complained about this issue to Aisha, and she
mentioned it to the Prophet Mohammad S.A.W, Messenger of Allah kept silent
until the verse from Quran revealed. In other verses from Quran, Allah said: “O
Prophet, when you (Muslims) divorce women, divorce them for (the
commencement of their waiting period and keep count of the waiting period, and
fear Allah, your Lord” (Al-Talaq:1). Imam Māwārdī commented that “even though
the verse mentioned the name of Prophet Mohammad, but the rules will be
applicable to his followers” (Al-Mawardi, 1994).

After the revocable divorce (Talāq Rajʿī) has taken place, there are rights
associated with a wife, such as maintenance, accommodation, and sustenance.
Allah SWT said: “And for divorced women maintenance (should be provided) on a
reasonable scale. This is a duty on al Muttaqeen (the pious)” (Q.S. Al-Baqara: 229).
Another verse says, “Lodge them (in a section) of where you dwell out of your
means and do not harm them to oppress them, and if they should be pregnant,
then spend on them until they give birth. And if they breastfeed for you, then give
them their payment and acceptably confer among yourselves. Still, if you are in
discord, then there may breastfeed for the father another woman” (Q.S. at-Talaq:
6). Another wife's right is a matrimonial gift granted to the wife upon divorce to
console her and reduce the harm resulting from the divorce, as said in Q.S. al-
Azhab: 28. Imām Al-Ṭabarī commented that the verse implied an order to Prophet
PBUH to present a gift to his wives in the case of separation through a divorce (Al-
Ṭabari, 2000:20).

In terms of the respondent's gender Table 1, males were 61 (30.5%), while female
respondents were 139 (69.5%). It shows that most of the participants in this study
are female. The participants are categorized based on three categories, namely
married, divorced, and widowed. The finding shows that married individuals were
106, representing 53%, and the divorced were 60, representing 30%; nevertheless,
the widowed were 34, representing 17%. The present study shows the median
duration of marriage was (26-39 years). The maximum period stayed together was
(40 years and above) while the minimum period stayed was (6-15 years). In terms of
educational level, 82 respondents (42.0%) hold a university degree or college
graduates, 48 (24.0%) graduated from Madrassa (formal Islamic education), 37
(18,5) participants obtained secondary school grade, and 33 (16,5) participants had
primary school degree. This number reflects that most of the respondents were
well educated and knew their rights and obligations as husbands or wives. Lastly, in
terms of profession, 66 persons (34,5%) are having a permanent job, 66
respondents (33.0%) are unemployed, 57 persons (28,5%) relied on business, and 4
(4%) are labor workers.
There was a great disparity opinion between respondents regarding the statement
on the causes of divorce in Mombasa County. Table two highlights the causes of
divorce according to their views. About 49% of respondents expressed that the
"interference of family" is the main factor in divorce, and it is considered = (high)
point as a cause of divorce in the Likert scale (Table 2). Another 46% of participants
responded that "poverty and unemployment" is another leading cause of divorce
and marked +4 (high) point on the Likert scale. Whereas 41,5% of respondents
mentioned that domestic violence is one of the causes of divorce and followed by
41% of respondents who said that early marriage is one reason spouses ask for a
divorce. Mean scores of "unethical behavior, drug addiction, cultural issues, and
psychological problem were higher than other factors respondents (37.0%, 36.0%,
35.0%, and 31.5% respectively). Also mean score of adultery and infertility as the
cause of divorce is lower than other factors (25.0% and 20.0%, respectively).

Nevertheless, other reasons for the family's intervention in the marriage life may
be due to the husband's cruelty and violence towards the wife. This intervention
may also result from the intertwined financial relationships and sources of income
between the husband and his family, and when there are extraordinary
circumstances that the couple passes through. The parents try to intervene to
settle the differences or bring views closer. They may IJISH Vol. 3. No.2 October
2020 p. 90-97 94 10.26555/ijish.v3i2.2363 succeed or make matters worse!
(Personal interview, May/2020). In this regard, the Prophet PBUH said, “A sign
man’s good observance of Islam is to keep away from that which does not concern
him” (Al-Tirmidhi, 1975: 558). Prophet PBUH forbids Interfering with people's life
because it leads to discord between them.

From the findings of this study, the husband's poverty and unemployment could
lead to separation between spouses. Financial instability can cause quarreling for
not providing the basic needs of a family. On this issue, Omoro state that “most
marriages in Kenya fail due to poverty. Spouses who depend on their partner lose
loved ones since they cannot provide a better life for them. When one partner gets
someone who can support her financially and take care of her needs, they divorce
or separate” (Omoro, 2018:54). Poverty is considered as being one of the terrible
problems in society. The real solution for this problem is to establish Islamic
financial institutions to deal with the collection and distribution of zakat sadaqah
and waqf. This Islamic financial system could help eradicate poverty.

Domestic violence was also reported to be a cause of divorce among crucial

informants and other respondents. Domestic violence may take the form of sexual
abuse, psychological and emotional abuse, physical violence, and financial abuse.
According to the research carried out by the HAK organization, between 2007 and
2017, 433 GBV cases were reported in Mombasa County (Baraka F.M viewed
1/6/2020). Abusive behavior towards a woman is in opposition to Quranic
injunctions of righteousness and kind treatment. Allah said: “O believers treat
women with kindness even if you dislike them; it is quite possible that you dislike
something which Allah might yet make a source of abundant good” (Q.S. An Nisa
4:19). The Prophet PBUH said: “The best of you is the one who is best to his wife,
and I am the best of you to my wives” (Al-Bazzar, 2009: 148).
Conclusion:

During this project, I used the HPLs analysing and empathetic. I felt empathetic
towards the Muslims who had to go through the process of divorce, especially
those who went through it due to domestic violence. I also analysed the causes as
to why Islam is important, the rulings and reasons for marriage and the causes of
divorce.
In my point of view, the requirements set for marriage are justified and in fact,
necessary in order to ensure that the marriage lasts a long time. Moreover, the
rulings on choosing a spouse and the rulings on the process of marriage help make
sure that the husband and wife will not seek divorce in the future.
References:

Abdulrahman, M.M. (2020). An Analysis of the Causes of Divorce among Muslims in

Mombasa County in the Sharia Law Perspective. IJISH (International Journal of Islamic
Studies and Humanities), 3(2), pp.90–97. doi:10.26555/ijish.v3i2.2363.

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