Section: The Rulings of Divorce

In the Arabic language, ṭalāq signifies “letting go.” The Arabs would say, “ṭaliqat al-nāqah” when a she-camel was released to wander wherever she pleased. Legally, it means dissolving all—or part—of the marital bond.

Its legal judgment changes with changing circumstances. At times it is merely permissible, at others reprehensible, recommended, obligatory, or outright unlawful; thus the five well-known rulings all apply to it.

1. Permissible: when the husband has genuine need—such as the wife’s bad character or the harm she causes him—so that the aims of marriage can no longer be achieved while the union continues.

2. Reprehensible: when there is no such need and the couple’s relationship is sound. Some jurists even deem it forbidden in this situation, drawing on the ḥadīth, “The most detested of lawful things to Allah is divorce,” reported by Abū Dāwūd and Ibn Mājah with trustworthy transmitters.

In that narration the Prophet—may Allah bless him and grant him peace—describes divorce as lawful while also calling it detested by Allah, which shows that, in such a circumstance, it is disliked though still legally permissible.