Possible Vulnerabilities Faced By The Husband During And After Divorce
The problem isn’t this. If mutual consultation was that effective and everyone parted ways gracefully we wouldn’t even need laws. In practice, mutual consultation rarely works. These problems arise due to bad actors. General rules of justice have to follow some legislation. If you grant tanseekh-e-nikkah, you grant it because the woman wants separation. She doesn’t have to have a valid reason for it as far as I understand Mr.Ghamidi (Makaamaat). So, now what, man is deprived of his children and still has to financially support them? If a woman misuses those funds, as you said we would need competent investigation. Which in such cases would be impossible to judge, which rupee was spent where. There is no accountability mechanism here Also within marriage, a man has all the responsibility, but the woman doesn’t have to hold her end up legally. Let’s assume she doesn’t, if a man divorces her he would have to bear financial burden. If he doesn’t he still has to bear the burden for what?
Let us not overlook a basic reality of life. Human beings are diverse, and some will inevitably misuse the special positions or relationships they hold—whether within a family, a community, or society at large. Just as a clever woman may exploit laws that favor her, a shrewd friend, acquaintance, or even a stranger can manipulate someone to the point where the law itself becomes a tool in their hands. Laws can be twisted and exploited, and it is the responsibility of the state to minimize such loopholes. Yet no legal system can ever be completely foolproof. When it comes to human affairs, the reach of law is limited. Beyond a certain point, relationships and interactions depend on trust, fairness, integrity, and ultimately, accountability before God. If a person chooses to abandon these ethical foundations and deliberately exploits legal provisions for personal gain, they may well succeed in this world. This possibility exists in every sphere—marital, economic, political, and familial. Even the Prophet (sws) acknowledged that someone might deceive him in his role as a judge through clever arguments, but such deceit would not save them from accountability in the hereafter. We need to be realistic rather than idealistic. We should strive for better, more just laws, but we must never lose sight of the inherent limitations of this world.