Divorce and Year of the Elephant.

The title story from Year of the Elephant revolves around a woman coping with a divorce from an unloving husband. Despite this, the divorce comes as a shock, and she must learn to cope with what little she has left. Luckily in Islam the Prophet Mohammed spoke of divorce and set aside allowances for women that were not there before. Before the Prophet, divorce was in some places was illegal, while in others a man could leave his wife with nothing. But after, it became legal to divorce, although it was still seen as a terrible thing, and a last resort. In marriage, a woman gets to retain all the property she owns, and it belongs only to her and not her husband. Because of this, the narrator of Year of the Elephant is able to return to her hometown, where all she owns is a room. She is in shock from the divorce, and thinks repeatedly of her husband saying to her, "Your papers will be sent to you along with whatever the law provides." While this ends up being very little, and is still unjust, it is important to recognize that Islam was once revolutionary for setting aside these things for a divorced wife.

The Prophet Mohammed had said, "Among lawful things, divorce is the most hated by Allah." I really like this statement, because I think all people should think of marriage in terms similar to these. Whether a person believes in God or not, marriage should be seen as a life-long commitment. The important thing to recognize in the Prophet's statement, is that it is still legal. When you think about it, most things that are seen as bad in any culture are often illegal. The fact that Islam recognizes that problems can arise that make staying together impossible is very forward-thinking. Some of the reasons that are widely accepted as reasons for divorce are: infidelity, abuse of any kind, or refusal to fulfill marital duties. The last of these can be anything from refusal to work and support the family to refusal to "share the marital bed." This however, is not considered a valid reason if it is impossible due to physical limitations. There are, of course, exceptions to these rules, and women have been divorced for reasons beyond their control, such as being unable to have children.

Many people have heard of the notion that in Islam a man only has to say "Talaq" or "I divorce you," three time and a woman has no other choice in the matter. While this practice still exists in some places, it is seen as wrong and often condemned. Many countries, including Turkey, Tunisia, Algeria, Iraq, Iran, Indonesia, and Bangladesh have banned the practice completely. Other countries have governmental systems established to try and help people save their marriage, and a trial is necessary to receive a divorce.

Divorce laws in Islamic countries are changing and evolving all the time. I think it is important to remember that most people and their governments only want the best for women living in their country. Today in Morocco, where Year of the Elephant takes place, a woman by law no longer has to obey her husband, although divorce is still seen as shameful. However, in other parts of the Western Sahara, divorce is seen as a happy thing for women, and carries little to no stigma. Many men are happy to marry a divorcee, believing that she is "more experienced and sure of herself." For them, the new laws of Morocco, which govern them as well, are seen as a step back, not a step forward. Now a woman cannot divorce her husband without appealing to the courts, whereas before she had only to get a letter from an Islamic official.

http://www.religioustolerance.org/mohd.htm
http://muslim.families.com/blog/divorce-in-islam
http://news.bbc.co.uk/2/hi/africa/3532612.stm