Family is considered as the pivotal point for a sound social structure. Its sanctity is meticulously protected in the Qur’anic laws. The responsibilities of the parents towards their children and vice-versa are well defined while laws of inheritance are clearly delineated.

Monogamy is encouraged and is considered as a very desirable attitude. However considering specific situations and exigencies, polygamy is allowed provided the husband can ensure equality of treatment and distribution of family resources to meet the needs of the wives. If a person feels that he cannot be fair in his dealings with his spouses, he is not allowed to have more than one wife. If he still marries and his behavior towards them is not fair he invites displeasure and wrath of Allah.

There are certain situations in which the need for a second spouse may be felt. The protracted illness of the first wife or her infertility could be genuine justification for this purpose. Extreme cases of attitudes or differences or personal needs can also be other reasons. All such situations do need a rational solution, one being the grant of permission to go in for more than one wife. The contingency can also arise when after a deadly war, the number of widows increases to an unusually high level, and they need to be supported and taken care of. Under such circumstances the rigid enforcement of monogamy would lead to immoral practices in the society.

DIVORCE may be the alternative solution in special cases of maladjustment between husband and wife, when Islam allows divorce. Although a provided permissible act, divorce is disliked by Allah, and has to be avoided as far as possible. Allah has declared in the Holy Qur’an that something good will come out if the couple shows patience and forbearance.  If at all divorce becomes inevitable, the Holy Qur’an lays down strict rules for its implementation and for the protection of the rights of the woman being divorced, while the husband is also made responsible for the upkeep of the children born out of the wedlock.

It may be specifically noted here that once the couple decides to separate and the husband has announced divorce, it does not become effective immediately, and there is a prescribed waiting period of four months during which time the couple can reconsider and reconcile and stay in wedlock. In this prescribed period of four months it is considered preferable that the wife stays in the same house to facilitate reconciliation. Husband remains responsible for the wife’s upkeep during the period and has been enjoined to treat her well. However even though they remain husband and wife during the waiting period, they cannot have conjugal relations if they have to make the divorce final and binding. After the expiry of four months the divorce becomes effective, and the woman can marry with someone else, if she desires so. While separating she shall be paid the agreed dower money and it will also be proper to allow her to take whatever the husband had given her as a gift and whatever she brought along. This is the right way to follow.

The waiting period of four months is also useful in fixing the parentage of the child if conception had already taken place from the first husband. However if the woman is found to have already conceived the waiting period extends upto the birth of the child. This helps solve the matter of inheritance, and responsibility of the upbringing of the child on the father. On the same basis in case of death of the husband, the widow is enjoined to observe waiting period of four months and ten days and only after the completion of this period she can remarry, if so she desires. The waiting period of a widow who has already conceived also extends upto the childbirth.