Judgment of Divorce
The five Islamic rulings regarding divorce apply based on the circumstances of the couple. The details are as follows:
- Divorce is obligatory for the husband who has taken an oath to abstain from intimate relations with his wife. He is granted a waiting period of four months, after which he must either reconcile or proceed with the divorce. Additionally, divorce becomes mandatory if the arbitrators determine it necessary in cases of discord.
- Divorce is recommended when marital life becomes untenable, such as when the wife neglects her religious duties, like prayer, and advice from the husband proves ineffective. It is also advisable in situations of persistent discord that make a harmonious relationship impossible. Moreover, if the wife requests a divorce, it is preferable for the husband to grant it to prevent further harm.
- Divorce is permissible when necessary, such as in cases where the wife exhibits poor character.
- Divorce is discouraged if there is no substantial reason for it, as it can cause harm to both the husband and wife and obstruct the objectives of marriage.
- Divorce is prohibited if not executed in accordance with Islamic law.
Types of Divorce
Divorce can be categorized based on the possibility of reconciliation into two main types:
- Revocable Divorce: This type allows the husband to reinstate his wife during her waiting period without the need for a new dowry or marriage contract, regardless of the wife’s consent. This form of divorce maintains the connection between them; for example, should one pass away, the other inherits. The wife may adorn herself for her husband during this time, but it is not permissible for her to accept proposals from others.
- Irrevocable Divorce: This further divides into two categories: minor irrevocable divorce, where the husband cannot reinstate his wife without a new dowry and marriage contract, and major irrevocable divorce, where he is unable to reinstate her at any time—either during her waiting period or after it—unless she marries another man, consummates the marriage, and then separates from him through death or divorce. Following this, her former husband may remarry her, provided a new contract and dowry are agreed upon.
Forms of Unlawful Divorce
Unlawful divorce is known as innovative divorce and can be classified into two categories:
- Innovative Divorce by Timing: This occurs when a husband divorces his wife during her menstrual period or postpartum bleeding, or during a period of purity in which they have recently had intimate relations without confirming a pregnancy. Such divorce is forbidden by Islamic law, yet it is still valid, and the individual committing it incurs a sin.
- Innovative Divorce by Quantity: This involves the husband pronouncing the divorce three times in a single instance, such as saying, “You are divorced three times,” or repeating the word ‘divorce’ three times. This form is also prohibited, though it counts as one divorce, and the offender bears responsibility for the sin.