(In Regard of the Return of the Divorced Woman of the Mouwahidoun Druze)
The Mouwahidoun Druze considered the Almighty saying, “A divorce is only Permissible twice”, is only but a training procedure adopted for a new society throughout its phase of preparation until it could practice freedom with full responsibility. Divorce could also be final and irrevocable in accordance with the detailed verses mentioned in Women sura, for the Almighty says, “Men are the protectors And maintainers of women, Because God has given The one more (strength) Than the other, and because They support them From their means Therefore the righteous women Are devoutly obedient, and guard In (the husband’s) absence What God would have them guard. As to those women On whose part ye fear Disloyalty and ill-conduct, Admonish them (first), (Next), refuse to share their beds, (And last) beat them (lightly); But if they return to obedience, Seek not against them Means (of annoyance): For God is Most High, Great (above you all).”
The Almighty said in his Holy Qur’an, “As to those women On whose part ye fear Disloyalty and ill-conduct, Admonish them (first),” is just a means to overcome the problem through preaching, an attitude of kindness and mercy; however, if this did not work, then “refuse to share their beds,” an explicit warning to abandon them; yet, if both did not work, then a tougher attitude is required only if methods of preaching, rebuke and abandonment did not work, “(And last) beat them (lightly); But if they return to obedience, Seek not against them Means (of annoyance).” This is all that could be done within the one family regarding the handling of husband in case the women did not guard what God wants them to in their husbands’ absence.
Shall the home familial procedure failed to settle the disagreement, the interference of arbiters from both families shall be sought until a final solution is achieved without violating the sanctity of marriage, the solemnity of legislation or the dignity of man. “If ye fear a breach Between them twain, Appoint (two) arbiters, One from his family, And the other from hers; If they wish for peace, God will cause Their reconciliation: For God hath full knowledge, And is acquainted With all things.” (Women sura -verse 35)
Ibn Kathir mentions in his interpretations of the scholars’ sayings: If disagreement taking place between husband and wife lasted for so long, and has become so complicated, then the judge shall seek someone reliable from his family and another from her family to meet, consider and the issue for the benefit of either separation or reconciliation.
Of course, the good offices of both arbiters – under the supervision of the legal judge – would be prompt, serious and sincere for reconciliation and returning the marital life back to normal.
In the Almighty’s saying, “If they wish for peace God will cause Their reconciliation,” the word, “they” refer to arbiters and “Their” refers to the reconciliation between husband and wife, so they live in intimacy and harmony again.
Shall we know that the will of both arbiters is that of peace, it is imposed as a condition that the failure of those arbiters to reconcile between husband and wife shall not impose their endeavors for peace, it shall rather emphasize that if there has been a way to achieve peace along with their good offices, God would have caused reconciliation between husband and wife; otherwise, what could the divine assertion “If they wish for peace God will cause Their reconciliation,” make sense. However, the existence of the causes of disagreement which started with the wife’s disloyalty and ill-conduct until it reached the arbiters interference and undertaking the responsibility of settling this issue along with the consideration of the husband and wife opinion, and in the auspices of the legal judge, made the scholars of Tawheed come to a conclusion that the final irrevocable marriage shall take place at the legal competence in charge of managing the affairs of the Mouwahidoun.
All this shall be subsequent to the gradual stages adopted to settle the marital disagreement; to the emphasis that reconciliation could not be achieved, despite the will for peace; and to the period given to reach the decisive resolution.
Shall the decisive resolution be reached, the return of the divorced woman would not be for the favor of her marital life security. Consequently, when the man asks his woman to return to her marital house, for any reason agreed upon, is but a messing to the issues of life, and does not help in building a good family which constitutes the core of a virtuous society.
The Personal Status Law of the Druze Sect in articles (47-48-49) stipulates the following:
Article (47): If a disagreement or dissension between husband and wife took place and one of the two parties referred to a judge, the judge assigns an arbiter from the husband’s family and another from the wife’s family; however, if none of their families enjoy the capacities of an arbiter, then the judge would choose another not from their families.
Article (48): Both arbiters shall know the reasons behind the husband and wife dissension and shall exert great efforts to settle the same; if reconciliation was impossible and negligence and persistence was from the part of the husband, the judge shall separate them and pronounce a judgment that gives the wife the right of her entire or partial deferred dowry; however, if the same was from the wife’s part, the judge shall pronounce the renunciation of all or part of the deferred dowry and the judge shall pronounce, in both cases, that the righteous of husband or wife shall bind the other with the indemnities imposed.
Article (49): Shall the judge find that the divorce is legally unjustified, he pronounces a judgment giving the wife the right of binding her husband with the indemnities imposed in addition to the deferred dowry provided that he considers the moral and material indemnities.
As to article (42) of the same law, it has to be discussed particularly.
Issued by the bureau of Mashyakhat Al-Akl
of the Mouwahidoun Druze sect
