Divorce means the separation of the spouses from each other in an official and legal manner, and scholars of jurisprudence defined it as: “The dissolution of the marriage contract with an explicit wording, or a metaphor with the intention, and the expressions of explicit divorce are: (divorce, separation, and release). The metaphor is: “every word that may be subject to divorce and other things,” such as: join your family, or I have nothing to do with you, and so on. If he intended to divorce occurred, otherwise not. And his method is for a man of sound mind to pronounce the word divorce or (the oath of divorce) in front of his wife in her presence, or in her absence, or pronounce it before the judge in her absence according to the law of Islam and most of its schools. This is done with the agreement of the two parties, or by the will of one of them, and it is present in many cultures of the world, and divorce has many types and legitimacy, namely, revocable or irrevocable, minor, irrevocable, major, khul’, and judge’s divorces.
- It is forbidden if it occurred during menstruation or during purity, touching her during it.
- And it is makrooh if it is for no reason with the integrity of the case, and this section is the one in which the disagreement has preceded whether the principle is forbidden, or makrooh.
- And it is obligatory if the two judges, from his family and her family, see that.
- And be a delegate, if not chaste.
- And it is permissible if he does not want it and does not like to bear its provisions without achieving the purpose of enjoyment, and this nuclear division was denied because, in his view, divorce is not permissible on the level of the two parties.
- Disliked divorce does not count, because he did not want divorce, and the scholars cited the words of the Prophet: “Actions are but by intentions.”
- Divorce due to incompetence of parentage.
Types Of Divorce According To Ahl Al-Sunnah Wal-Jama`Ah
Divorce has multiple provisions for the Sunnis and the group.
Minor Baynunah Divorce
- It is for a man to divorce his wife by saying for one time the word: You are divorced, or you are divorced, or other words that have the same significance. Ibn Taymiyyah also mentioned that if a man divorces his wife in the same place and time three times, or says to her: “You are divorced three times, or you are divorced, you are divorced, you are divorced”, then the divorce does not take place except once.
- A man who has divorced his wife is entitled to take her back whenever he wants without a dowry, contract or witnesses, if she has not completed the waiting period, which is three readings (i.e. three menstrual cycles).
- A man does not have the right to take back his wife, whom he divorced irrevocably, if the minor Baynunah has exceeded the period of three readings.
- Big Baynunah Divorce.
- It is for the right sane man to divorce his wife three times at different times, or to divorce her with one time and the wife’s waiting period of three months has ended.
It is an agreement between the husband and wife to terminate the marriage, in return for the wife’s payment to liberate the marriage contract, and this liberation may be by the woman giving up part of the dowry or all of the dowry that they agreed upon at the beginning of the marriage contract. Although the law of Islam made divorce in the hands of the man alone, but it opened many avenues for the woman who is oppressed or who cannot bear to live with her husband to be freed from the marriage covenant, and to start another life with another husband, and among these ways is the ruling (khul’) which was approved by Islamic Sharia and made it a means of relief. About the wife who wants to be saved from a life of misery with her husband, by giving him some of her material rights in exchange for divorce, and this is what the Prophet did with the wife of the companion Thabet bin Shammas when she came to him complaining to him of her misery with her husband who does not love him and that she lives with him under compulsion, so he ordered her to respond His garden, which was a dowry for her, and ordered him to divorce her once.
It is for the judge to divorce the wife from her husband in multiple cases, such as if the husband is absent and his fate is unknown, such as if he is a prisoner, kidnapper, or traveler, or the husband has deserted his wife for a long period without spending on her, or a divorce of competent lineage while in the case of an Arab marriage of A foreigner, with the consent of her father and the dissatisfaction of the others in the group, shall divorce the judge if any relative of the girl, among the cousins or brothers, raises his objection to the marriage.
Infallibility Of Divorce
The law of Islam imposed that divorce be in the hands of the man, because he sees the man controlling his emotions most of the time, and because of the expenses and obstacles that he owes.