Marriage and Divorce Between the Jahiliyyah and Islam and Their Impact on the Family: A Comparative Study

Abstract

Marriage and divorce in human societies have always been a fundamental part of social and cultural structures throughout history. They form the foundation of the community and provide the generations that may either contribute to building or destroying, depending on the environment in which a person is raised. In the pre-Islamic era (Jahiliyyah), marriage was often conducted according to traditional customs governed by tribal practices. Women were considered the property of men, and marriage was often seen as a way to strengthen tribal bonds, with gifts exchanged or alliances formed. Various forms of marriage existed, some similar in rituals to modern-day marriage, while others viewed women as commodities without value, their dignity and rights disregarded. Divorce in the Jahiliyyah was easy and based on numerous reasons, where men had absolute power over divorce without needing justification or consent from their wives.

With the advent of Islam, profound changes occurred in the concepts of marriage and divorce. First, marriage in Islam was viewed as a sacred contract that respected the rights of both parties, especially women, elevating and honoring them while prohibiting coercion. Islam imposed mutual duties and rights on both men and women, making marriage a legal bond based on love and mercy. Women gained rights to inheritance and participation in decision-making. As for divorce, Islam regulated the process and made it more restrictive, requiring several attempts at reconciliation by both families through dialogue, persuasion, and mediation before divorce could occur. Divorce was no longer an easy process, but required clear evidence and several steps, with the dissolution of the marriage occurring only after all efforts for reconciliation had been exhausted.

Another significant change brought by Islam was the definition of the waiting period (idda) for women after divorce, a solution to preserve relationships and the integrity of lineage in the case of pregnancy, giving women time to reconsider their decision and protecting them from injustice. Additionally, Islam defined the rights of children after divorce, the husband's obligations, and the required financial support, among other matters, contributing to the overall improvement of the family structure.