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and noble purposes which must be fulfilled. <strong>Islam</strong> does not<br />

accept or recognize any marriage which is not functional and<br />

effective. There can be no nom<strong>in</strong>al or idle marriage. There<br />

must be successful marriage or no marriage at all. Marriage<br />

is too solemn a contract to be stationary or non-effective. So<br />

i t i t does not serve its purpose or function properly, it may<br />

be term<strong>in</strong>ated by divorce with conservation of all rights of<br />

the parties concerned. This is because there is no po<strong>in</strong>t <strong>in</strong><br />

keep<strong>in</strong>g a nom<strong>in</strong>al and worthless contract, and to save hu-<br />

man k<strong>in</strong>d from be<strong>in</strong>g tied by vows which cannot be honored.<br />

When the Isiamic marriage, which i s based on the said<br />

regulations and governed by the said precautions, does not<br />

function properly, there must be some very serious obstacles<br />

<strong>in</strong> the way. someth<strong>in</strong>g that cannot be overcome by reconcili-<br />

ation. In a situation like this. divorce is applicable. However,<br />

it is the last resort because it is described by the Prophet as<br />

the most detestable of all iawful th<strong>in</strong>gs <strong>in</strong> the Sight of God.<br />

But before tak<strong>in</strong>g this f<strong>in</strong>al and desperate step. some atte-<br />

mpts must be made <strong>in</strong> the follow<strong>in</strong>g order:<br />

1<br />

.<br />

The t wo parties <strong>in</strong>volved must try to settle their dis-<br />

putes and solve their problems between themselves.<br />

2. If they fail, two arbitrators, one from the husband's<br />

relations and the other from the wife's. must be commis-<br />

sioned to try to make peace between them and settle their<br />

differences.<br />

3. If this attempt also fail s, divorce might be applied.

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