Establishing a Social Order: The Sunnah Way
Humans have been created as social beings that require company. The creation of Adam ‘alayhis salaam was complemented by Hawwa ‘alayhas salâm, our first mother. Allah provided the first man a partner with whom to experience and witness His bounties.
Not all marriages are ‘made in heaven’ though. It so happens that couples may have problems in their marital relations.
Sometimes issues may be resolved through a reconciliatory process. In other instances, however, it happens that reconciliation remains elusive, if not impossible. Our Creator made it permissible for couples to separate in the interest of preservation of their faith, other higher goals and wider community interests.
The Jamiatul Ulama South Africa has a dedicated Social Department that looks at cases which are filed by spouses under different circumstances. Processes are instituted in order to resolve marital problems. In situations where all avenues have been explored in the pursuit of reconciliation, the department facilitates conclusion of a marriage under terms agreeable to contending parties within the framework of Shari'ah.
Settlements include matters of custody of children as well as their maintenance, access rights of either of the parents and maintenance of a divorced wife in the period of ‘iddah. Where the validity of a marriage is doubted under Shari‘ah, the department determines its status.
Annulment of marriages may also be an option in situations where a husband continues to keep a wife against her wishes based on valid reasons of Shari‘ah. This is yet another service from the Jamiatul Ulama South Africa which is rendered according to Shari‘ah, without recourse to costly civil court battles.