Reconciliation in Muslim Law on Divorce: Scrutinizing the Quranic Mandate and Its Role in Safeguarding the Welfare and Education of Children

Abstract

The Muslim Law is often criticized and termed as archaic. It is often alleged to be violating constitutional provisions and conflicting with the constitutional guarantees, thus not suitable for the deeply revered, contemporary legal system. But a closer scrutiny of the law presents a rather confounding actuality. An in-depth study of the most admonished part of Muslim Law i.e.,divorce will provide you with a realistic and rather modern law of divorce, which was much ahead of its time. One such notable aspect of the Muslim Law on divorce is the Quranic mandate of Reconciliation (Tahkim) in case the parties fear a breach in their marital tie. The primary and most significant source of Muslim Law mandates the parties to marriage to appoint two arbiters, one from each side and opt for reconciliation. The law not only discourages divorce but also warrants that the parties settle their dispute through Tahkim so that the marriage may continue peacefully, a mechanism which was later adopted by nearly all the legal systems. Through this instant academic venture, an effort has been made to delve into and comprehend the Quranic mandate of Tahkimand its intricacies. The article altogether discusses the topic’s background and is divided into four main parts for ease: The first part exploring the importance attached to Tahkim, the second part analyzingits procedural aspects whereby who may be appointed as an arbiter, who can appoint, the arbiter’s authority and role, the third part discussing the approach of the Indian judiciary towards it, the fourth part tries to understand the impact of the divorce on the welfare and education of the children and how tahkim is useful in preventing it and lastly, the fifth part elucidating how distant the Muslim society actually is from the pristine purity of their religious laws , along with suggestions deemed to strengthen the Quranic mandate in discussion.