Divorce
In linguistic terms, divorce refers to the dissolution of a bond, while in a legal context, it signifies the termination of a marriage contract through specific phrases such as “divorce.” It is understood as an action exclusively undertaken by the husband, executed without reason to sever the marital bond. The permissibility of divorce is well-supported by the Quran, the Sunnah, and scholarly consensus. For instance, in the Quran, Allah states: “Divorce is twice. Either retain [her] in a manner acceptable or release [her] with good treatment.” Additionally, the Sunnah exemplifies this through a narration about Abdullah ibn Umar (may Allah be pleased with him) who divorced his wife while she was menstruating. Umar ibn Al-Khattab (may Allah be pleased with him) inquired from the Prophet Muhammad (peace be upon him) regarding this matter, and the Prophet instructed, “Let him take her back, then he should keep her until she is clean, then she menstruates and is clean again. Then if he wishes, he may keep her, or if he wishes, he may divorce her before having relations. This is the prescribed waiting period for which women are to be divorced.” Consensus among scholars also supports the estate of divorce, acknowledging that circumstances between spouses may deteriorate, making the continuation of marriage detrimental, leading to unnecessary discord and harm. Thus, a mechanism for dissolving the marriage is essential to remove the sources of conflict.
Reasons for Divorce in Islam
Numerous factors contribute to divorce, reflecting the diverse conditions of people and varying societal contexts. Some principal reasons that lead to divorce include:
- The absence of harmony and affection between spouses, stemming from a lack of love or mutual animosity.
- Poor character by one of the spouses, undermining their relationship, such as a husband’s injustice towards his wife or a wife’s refusal to obey her husband respectfully.
- Conflict between one spouse and the in-laws, compounded by a lack of wisdom in managing these relationships.
- The involvement of one spouse in sinful actions or vices, such as substance abuse, leading to discord between the partners.
- The wife neglecting appearance and cleanliness, failing to adorn herself for her husband, potentially causing repulsion.
- Inadequate inquiries made by the woman’s family into the character of the husband before marriage, or the concealment of any flaws by the wife’s family, whether in her faith, character, or appearance.
- Lack of compatibility between spouses in religion, ethics, and social status, leading one spouse to exert negative influence over the other or to create feelings of superiority that will breed conflict.
- Excessive jealousy resulting in suspicion and distrust between the partners.
- A lack of understanding regarding each partner’s rights and obligations towards one another.
- The husband using divorce as a threat, either to compel the wife to act in a certain way or to prevent her from particular behaviors, which may result in the wife defying him, thereby provoking divorce.
Types of Divorce
Divorce can be categorized into several types, based on various perspectives. These classifications are outlined as follows:
- Explicit and Implicit Divorces: Divorces can be divided based on the phrasing used into explicit and implicit:
- Explicit Divorce: Scholars agree that explicit divorce refers to the use of universally recognized terms pertaining to divorce. It is valid even without intent, according to scholars, who include clear expressions such as “divorce” and its linguistic derivatives. The Shafi’i and Hanbali schools hold that three terms correspond to explicit divorce: “divorce,” “separation,” and “release.”
- Implicit Divorce: This refers to terms that do not explicitly state divorce but imply it. For a term to qualify as implicit, it must allow for interpretations other than divorce and necessitates intent for it to result in divorce. Some scholars consider contextual clues to hold the same weight as intent.
- Revocable and Irrevocable Divorces: Divorces can also be classified by their effects into revocable and irrevocable:
- Revocable Divorce: This type allows the husband to return to his wife during her waiting period without the need for a new contract. After the waiting period ends, reconnection would require a new marriage contract.
- Irrevocable Divorce: This constitutes a complete severance, classified into two categories:
- Minor Irrevocable Divorce: This occurs after one or two explicit divorces, allowing the husband to return to the wife during the waiting period, but subsequently necessitating a new contract thereafter.
- Major Irrevocable Divorce: This occurs after the third explicit divorce and prohibits the husband from reconciling with the wife unless she marries another man, consummates that marriage, and then is divorced from him, after which she must complete her waiting period.
- Immediate, Deferred, and Conditional Divorces: Divorce can also be categorized based on the timing of its effect into three types:
- Immediate Divorce: This encompasses any divorce free of conditions, resulting in an instant separation upon declaration.
- Deferred Divorce: This type includes stipulations that indicate a future time for the divorce to take effect, which remains valid only when the time arrives and other conditions are met.
- Conditional Divorce: This involves linking the occurrence of divorce to a specific condition being met, where it may involve actions from either spouse. If the condition is fulfilled, divorce is executed; if not, it does not occur, even if the stipulated event transpires due to coercion or forgetfulness, subject to differing scholarly opinions.
- Sunnah and Non-Sunnah Divorces: From a legal perspective, divorce can be divided into two categories:
- Sunnah Divorce: This aligns with propitious methods of divorce, whereby the husband issues a single divorce during a period of purity in which he has not engaged with her.
- Non-Sunnah Divorce: This occurs when the divorce is executed during a prohibited time, such as during menstruation or while the wife is in a state of purity where marital relations have occurred.