Divorce and its Islamic perspective

The term used for dissolution of marriage in Islam is “Talaq”, which means to ‘release from the knot’ or ‘to undo’. Dissolution of marriage is a right, which is granted to both men and women. This right can be exercised if a married person whether man or woman, is not satisfied with his/her marital life. It has been clearly mentioned in the Holy Quran that if it is not possible for a couple to continue the matrimonial relationship, they can seek dissolution of marriage through divorce.

“If they disagree and must part, Allah will provide abundance for all from His all reaching bounty. For Allah is He who cares for all and is wise.” (4:130 Quran)

However, the right to dissolve marriage should be used only in such circumstances when there are no other options available for the married couple. It is in the interest of husband and wife to solve any of their issues through dialogue and other possible means prior to pronouncing or seeking divorce. The following Hadith would provide a clear insight into this matter.marriage_by_funkymarshstomper-d4jddnw

Prophet Hazrat Muhammad (SAW) said: “Of all the permitted things divorce is the most abominable by Allah. And marry and don’t divorce, undoubtedly the throne of the beneficent Lord shakes due to divorce.”

Procedure to pronounce a divorce

As far as pronouncing a divorce is concerned, there is no specific word as described by the Islamic jurists or Quran and Sunnah. However, in order to pronounce a divorce a husband must utter such words, which express his feelings that he want to dissolve the marriage. There are certain requirements to pronounce a divorce including the age of such a person and his mental condition at that time. A hadith is quoted as under to give you an idea in this matter.

Our Holy Prophet Hazrat Muhammad (PBUH) said: “Any Divorce is lawful except the divorce given by a person whose intellect is overpowered.”

The most important thing to consider here is that whether we can consider a divorce given in the state of anger or intoxication as a valid divorce or not. . In the view of Malikite, Shafites and Hanbalite school of thoughts, such a divorce is not admissible. On the other hand, the Hanifite school of thought consider it as a valid divorce.2898797929_f209eeb4a4_z

 Kinds of Talaq

There are two kinds of a Talaq according to Islamic jurisprudence, which are described as under.

  • Talaq Al Bidi (irrevocable divorce)
  • Talaq Al Raji (revocable divorce)

 

Talaq Al Bidi is a type of divorce in which three repudiations are pronounced at any time not considering a specific time. It is an irrevocable divorce and this method of pronouncing Talaq, is not approved by our Holy Prophet Hazrat Muhammad (PBUH).

Talaq Al Raji on the other hand is a revocable type of a divorce and it may be pronounced once or twice. The waiting period of three months starts just after the pronouncing of a first Talaq. Almost all of the Islamic jurists approve this method of pronouncing Talaq.

 

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