Chapter on Divorce

Introduction

Ṭalāq (divorce) in the Arabic language is the verbal noun of ṭalaqa—pronounced with either a fatḥah or a ḍammah on the middle letter—and it means to release or to set free. In Islamic law it is the dissolution of all, or part, of the marital bond.

The grounds for its permissibility are the Quran, the Sunnah, scholarly consensus, and analogical reasoning. Just as the marriage contract is concluded for legitimate benefits, it may likewise be undone by divorce for a sound purpose; the relevant texts from the Quran and the Sunnah are well known.

Its rationale may be summed up in the words of Ustadh ʿAfīf Ṭabbārah: “The motives for divorce mentioned in the Quran are a spouse’s desire to separate and the refusal to continue cohabitation. Not every disagreement warrants divorce; only persistent discord that renders married life impossible justifies it. Even then, the marital bond must not be severed straightaway. Reconciliation must first be attempted, and arbitration held before divorce takes place, by appointing an arbiter from the husband’s family and another from the wife’s. This allows each spouse time to reflect and provides an opportunity for them to reconcile and withdraw from their stance. The two arbiters must spare no effort in working toward reconciliation between the couple.

“When every avenue of conciliation has been exhausted and the arbiters are convinced that separation will be more beneficial, separation is preferable in such a case. Allah says: ‘But if they separate, Allah will enrich each of them from His bounty’ (Quran 4:130).”