Love is the foundation stone of the relationship between the spouses, but the marriage may get to an end due to unattained harmony reasons.
Divorce is a heavy – and intensely -debated topic in both the West and in the Muslim world.
Meaning of divorce
Divorce in the language
It is derived from the release; which in other words means to leave or let go, it is said: I released the captive
Divorce in the Islamic Law
It means to end the marriage bond or ending the relationship between two married couples. The word of divorce was mentioned in the Holy Quran with its derivatives’ meanings about 14 times
The wisdom of the legality of divorce
Imam Ibn Qadamah said: There is a moral of applying divorce, as the marriage may have corrupted between the couples, and become near to impossible to continue this relationship and cause lots of problems to the community, so it is required to end such a relationship to avoid the problems resulting from it.
Pillars of divorce
The divorce has four pillars, which are as follows:
1- The husband: If a man said: This girl will be divorced if I married her, then married her after, so this divorce is not true as divorce is not applicable before marriage.
2- The wife: Divorce is not true on the foreign women that he hasn’t married her, if a man divorces his maid, so this divorce does not count as a divorce; for she is not a wife.
3- divorce formula: The term that is related to ending the marriage contract whether it was explicit or euphemistic.
4- Intent: The husband must truly mean to divorce when saying any formulas of divorce. If a man wants to call his wife by her name, he said to her wrong: is divorced, his divorce does not occur.
Sunnah divorce and heresy divorce
A Muslim should know the difference between a Sunni divorce and a heresy divorce:
If a Muslim wants to divorce his woman because of harm that happened by one of them, and this harm can be wounded only by divorce, then the man must wait for her until she is menstruated and pure, if she was purity then he is permitted to divorce her by one word of divorcing formulas such as saying, for example, you are divorced, as said in the Quran in surah “the divorce” in the first verses:
O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands’] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter.
This means It is for a man to divorce his wife while she is menstruating, or to divorce her in a purity he has touched her in, or to divorce her three times in one word or divorcing her three times; such as saying to his wife: you are divorced, you are divorced, you are divorced. The scholars stated that this divorce isn’t legal and the man who does it is sinful
Rules of divorce
The divorce ruling varies by condition, as follows:
1- Wageb divorce “due or a must divorce”: such as when two judges from each family of the married couples state that divorce is a must, and the divorce of the Moli “the father or the brother of the wife or any of her living relations” after four months of being away from the wife and refusing to have sexual intercourse
2- Haram divorce: it is the divorce of a woman during her period of menstruation or in the purity in which the man has made sexual relation with his wife.
3- Hated divorce: it is a divorce without cause.
4- Delegate Divorce: such as the wife isn’t being polite, and he is afraid of falling into the Haram if she continues with him
5- Permissible divorce: such as a husband who does not want his wife, and does not like himself to bear her expenses without enjoying her
Prohibition of seeking a divorce without a legitimate excuse
Divorce only is acceptable when having a legitimate excuse; As narrated by Abu Dawood :
The Prophet (PBUH) said: If any woman asks her husband for divorce without some strong reason, the odor of Paradise will be forbidden to her.
Divorce pronouns are divided into two parts: explicit or euphemistic.
The explicit divorce word is a word that is understood from the meaning of speech when it is said and does not mean anything else but divorce, such as you are divorced, divorced, and all that is derived from the word divorce, and falls divorce, according to many scholars; That is what Abu Huraira narrated about that the Prophet (ﷺ) said:
There are three things which, whether undertaken seriously or in jest, are treated as serious: Marriage, divorce, and taking back a wife (after a divorce that is not final).
They are the words or the terms which mean divorce such as: get out of the house, go to your parents, you are free, I abandoned you, and you are prohibited to me and any other words that mean divorce. These terms and words of divorce don’t mean divorce unless it was intended to be a divorce “it depends on the intention of the husband”. If the man wanted and intended to divorce, then it is a divorce, if not then it does not fall as a divorce.
Islamic law is concerned with the rights of women, giving them special attention due to their great role in the family and society, as well as guaranteeing the rights of men. Therefore, each of them must know what duties they owe to the other, their rights, and the ways and means that achieve satisfaction with both, knowing That differences may arise between them; Due to negligence in performing duties, and the two cases lead to separation