DISCUSSIONS MADE ABOUT THE RIGHT TO DIVORCE

Abstract

Author(s): Bedri ASLAN

The main resources of Islam are the Holy Quran and the sunnah of the Prophet (p.b.u.h.). As known, the Quran and the sunnah texts of the Prophet (p.b.u.h.) are in Arabic language. The Arabic language, due to its structure, can be understood in different ways. In addition, since the verses have set broad rules and the hadith are succinct and concise, they are subject to comments. Also the Prophet (p.b.u.h.) has encouraged the scholars to solve the issues through precedents. Thus the scholars have interpreted the cases and have precedented on the issues in order not to leave the issues unsolved. When we study the history of the Islamic law, it is seen that different methods have been used on interpreting the religious texts. There are social status, political assessments and sectarian obsessions in addition to the predisposal on understanding these texts on the background of the existence of such different methods. Lately, excessive comments of some scholars who are under influence of the Western culture and the orientalists are remarkable. The western countries have taken a long distance on the fields of knowledge, science and economy during the last two centuries. With the regression of the Islamic countries, some Islamic scholars who were influenced by orientalists, have adopted a way to interpret some texts, which were not convenient to the illuminated concepts of the Western world (such as equality, human rights and mind etc.) in a different way to defend the Islam according to their understanding. These excessive comments were mostly made about the verses and hadiths about the women. These scholars, while interpreting the hadiths and the verses, were starting from the point of women-men equality and were not obeying the conditions and borders of gloss. The women’s right to divorce is also one of the issues widely discussed. The comments and discussions about this issue shall be evaluated according to the structure of the Arabic language, and as per the Sunnah and the practices of the companions of the Prophet.

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