Islam's great injustices against women when it comes to divorce

During the era of pre-Islamic ignorance in Arabia, a custom called "Ila (الإيلاء)" existed, which enabled men to exert control and manipulate their wives.

"Ila" involved a husband taking an oath to abstain from sexual relations with his wife for a minimum of four months. If he honored the oath, the marriage would be dissolved; failing to do so would keep the marriage intact.

Ila was essentially a tool wielded by husbands to manipulate their wives into complying with their demands. Women were treated as mere possessions, devoid of the autonomy to decide for themselves, and were entirely subject to the desires of their husbands for their future.

Given the absence of a higher divine authority and considering that Muhammad himself was the source of the revelations, coupled with his adherence to the prevailing customs of Arab culture during that era of ignorance, he incorporated Ila into Islamic Sharia law, thereby compromising justice.

Quran 2:226-228:

For those who swear not to have sexual relations with their wives is a waiting time of four months, but if they return [to normal relations] - then indeed, Allah is Forgiving and Merciful. And if they decide on divorce - then indeed, Allah is Hearing and Merciful. Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this period [even against the wishes and the consent of the wife] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them.
[Translation: Umm Muhammad, Sahih International, and Corpus Quran]

Islamic Sharia imposes oppressive measures on women through Ila, which include:

Subjecting the wife to a form of solitary confinement, where she is compelled to remain within her husband's household for a period of 4 months without receiving any love or attention.
Allowing a husband to inflict punishment on his wife by keeping her uncertain about her future for the entire 4-month duration. During this time, the wife remains unaware of whether her husband intends to continue their marriage or evict her from their home once the 4 months pass.
Ila effectively functions as a tool enabling husbands to blackmail their wives into complying with their demands.
Even if the husband is entirely at fault or has malicious intentions, and seeks to exploit Ila to manipulate and coerce his wife, she is left defenseless against this form of blackmail. Islamic Courts are not empowered to intervene and safeguard the wife from such manipulation by her husband.
If the husband decides to divorce his wife after the 4-month Ila period, the woman then faces additional hardships during the 'Idah (waiting period), which extends for an additional 3 months (or 3 menstrual cycles). Throughout this period, she once again experiences a form of isolation and is burdened by numerous restrictions, further highlighting the one-sided challenges placed upon women (Please read our article on ‘Iddah for details of these one-sided hardships upon the women). This implies that a husband has the potential to subject his wife to these restrictions for a total duration of 7 months if he chooses to punish her in this manner.
Reform of such abusive husbands is only possible when the wife has the freedom to leave his home rather than being confined and subjected to his cruelty. She should have the liberty to walk away from the abuse, and the husband should be aware that if he does not reform himself, his wife has the right to leave him.
Merely stating in the Quran that “women also have some rights” is only a recommendation, and leaving her at the mercy of her husband without any “practical measures” for her protection is foolishness.

In contrast to the wife, Islam provides the husband with the following privileges:

While the wife is confined in a situation akin to solitary confinement and is denied the right to experience love and attention, the husband himself is granted the complete freedom to enjoy his life, engage in intimate relations with his other wives, and even have sexual relations with his dozens of slave girls.
Additionally, Islam affords the husband the unrestricted right to reclaim his wife within a span of 4 months and engage in sexual intercourse with her, even if it goes against her wishes. This means, even after the punishing 4 months of solitary confinement, the poor woman still does not get the right to have a divorce from such an abusive husband.
Furthermore, Islam permits a husband, as a means of punishment, to "prolong" his wife's suffering by repeatedly employing the practice of Ila. This involves engaging in sexual intercourse with his wife before the initial 4-month period concludes, followed by a subsequent vow to abstain from physical contact for another 4 months. As atonement for each instance of Ila, the husband is only required to either provide food for 10 needy individuals or observe fasting for a duration of 3 days. In that way, a husband is able to keep his wife in a permanent solitary confinement situation and she has no chance to get her freedom.

The Earlier Verse of JUSTICE among multiple wives is Practically ABROGATED

When Allah (i.e. Muhammad) initially allowed men to have four wives, then it was conditioned with doing JUSTICE to all of them.

Quran 4:3:

فَٱنكِحُوا۟ مَا طَابَ لَكُم مِّنَ ٱلنِّسَآءِ مَثْنَىٰ وَثُلَٰثَ وَرُبَٰعَ ۖ فَإِنْ خِفْتُمْ أَلَّا تَعْدِلُوا۟ فَوَٰحِدَةً أَوْ مَا مَلَكَتْ أَيْمَٰنُكُمْ

... then marry those that please you of [other] women, two or three or four. But if you fear that you will not be able to do Justice (Arabic:تَعْدِلُوا۟) with them, then [marry only] one or those your right hand possesses (i.e. slave women).

But later Allah (i.e. Muhammad) abrogated this condition of Justice, and gave a licence to men to usurp the rights of their wives in the name of "settlement/reconciliation".

(Quran 4:128-129):

وَإِنِ ٱمْرَأَةٌ خَافَتْ مِنۢ بَعْلِهَا نُشُوزًا أَوْ إِعْرَاضًا فَلَا جُنَاحَ عَلَيْهِمَآ أَن يُصْلِحَا بَيْنَهُمَا صُلْحًا ... وَلَن تَسْتَطِيعُوٓا۟ أَن تَعْدِلُوا۟ بَيْنَ ٱلنِّسَآءِ وَلَوْ حَرَصْتُمْ

And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them (i.e. woman agrees upon leaving some of her rights) … And you will never be able to do Justice (Arabic: تَعْدِلُوْا) between wives, even if you should strive [to do so].

The background of this verse is that, after gaining power and wealth in Medina, Muhammad married several new, young, and beautiful women, and then began to find the presence of his elderly wife, Saudah, burdensome, as he had to spend a night with her on her turn. Subsequently, he claimed the revelation of a verse that granted him the right to divorce any of his wives “without any reason.” And out of all his wives, the only one he chose to divorce was the unfortunate elderly Saudah. Despite having been with him since the time in Mecca, caring for his daughters when he was weak and poor, Muhammad selected to divorce her, showing no regard for her age or her past loyalty. He was prepared to leave her homeless, knowing well that no man would marry her at her age to provide support.

Saudah also knew very well that all this revelation is only a DRAMA, and the main issue wasn’t divorce itself, but rather the desire to spend nights with his young, newly-wed young wives. So, she approached Aisha and offered her own night’s turn to her, requesting that Muhammad not divorce her.

When Muhammad learned that Saudah had given her night’s turn to Aisha, he became happy and he promptly claimed another revelation (Quran 4:128-129), which granted men the permission to “settle” with their wives by threatening them with abandonment, Ila, or divorce, essentially enabling them to “blackmail” their wives and force them to relinquish their rights. As for “justice,” it became a mockery, as the verse stated that a man cannot achieve justice among his wives, even if he tries.

For more details, please read our article: Muhammad's journey from 4 marriages to 9 marriages with the help of Revelation

Muslim Excuse: Limiting Ila to 4 months is an achievement of Islam and a favour to women

It is unfortunate that Muslim scholars are entirely immersed in religious brainwashing. The extent of this brainwashing is evident from the fact that, rather than acknowledging the oppressive nature of Islamic Ila toward women, they actually present it as an achievement of Islam.

I was astonished while reading the commentaries and writings of Islamic scholars, where they were misleading the public by claiming that, in the era of ignorance, there was no fixed duration for Ila, and it could exceed 4 months. But they portray it as an achievement of Allah and a favor to women that Ila was restricted to just 4 months.

One can only hold their head in dismay at the mental state of these Muslim scholars and feel saddened at how they have turned Allah’s clear injustice and oppression toward women into a supposed favour for them.

Muslim Excuse: Ila period provides a chance for both husband and wife to reflect on their actions and correct mistakes.

Response: While a temporary separation may indeed help improve a relationship, Ila is solely a tool wielded by husbands, often leading to increased control over their wives. If the husband is the one at fault, Ila does little to reform his behavior. Instead, it may even encourage further mistreatment by allowing him to misuse this power, worsening the wife’s situation rather than fostering positive change.

Moreover, Muslims also assert that:

The West gave women "Equal Rights". But they consider it a mistake.
For Muslims, women don't need "Equal Rights", but they need rights on the basis of "JUSTICE".

However, this assertion by Muslims lacks validity. The divine Allah they worship did not bestow women with equitable rights, nor did it establish these rights on the foundation of justice. Yes, their Allah is UNJUST and he gave rights to women neither on the bases of equality nor on the basis of justice.

Consequently, women remain vulnerable to the tyranny and manipulation of their male counterparts, without adequate safeguards.

In contrast, the Western world, driven by human intellect, recognized women as equal beings to men. It bestowed women with parallel rights, including the crucial right to divorce, thus thwarting any potential for malevolent individuals to exploit and blackmail them. This approach from the West ensures comprehensive protection for women against all forms of oppression and coercion.