Book of Divorce

Al-ṭalāq (divorce) in the language of the Arabs means “to loosen a bond,” being derived from iṭlāq, which denotes letting go and setting free. In the Sharīʿah it refers specifically to the dissolution of the marital tie; the legal definition is therefore one particular instance of its broader linguistic sense. Imām al-Ḥaramayn observed that it is a pre-Islamic term which the Sacred Law endorsed and regulated.

The legitimacy of divorce is established by the Qur’an, the Sunnah, the consensus of the Muslim community, and sound analogical reasoning.

1. The Qur’an, for example, states: “Divorce may be pronounced twice; then one must either retain with honor or release with kindness” (Qur’an 2:229), along with other verses on the matter.

2. As for the Sunnah, the Prophet ﷺ said: “The most detested of lawful things to Allah is divorce,” in addition to his practical applications and tacit approvals of it.

3. The entire Ummah concurs on its lawfulness, and correct qiyās (analogy) confirms it.

Just as marriage is concluded by a contract for the benefits and aims it secures, that same contract may be annulled by divorce when sound purposes require it.

The basic ruling concerning divorce is that it is disliked, because of the aforementioned ḥadith and because it unfastens the bond of marriage—a bond the Lawgiver encouraged, praised, and made the cause of many religious and worldly benefits. Divorce, therefore, is a means of nullifying and spoiling those benefits, and Allah does not love corruption.

For this reason the Sharīʿah dislikes it; yet, when genuine need arises, it becomes a great blessing and a tremendous mercy, granting release from a bitter relationship and separation from one with whom it is no longer good to remain—whether due to weakness in faith, bad character, or any other cause that turns life into anxiety and companionship into misery. Allah is All-Wise, All-Knowing, Vast in mercy.

In this you perceive the majesty of Islam and the loftiness of its legislation—fully consonant with sound reason and aligned with people’s true interests. By legislating divorce in the balanced manner that follows, Islam stands between two extremes: that of the Jews and the pagans, who may divorce and take back their wives without limit or restriction, and that of the Christians, who do not permit divorce at all, leaving a wife fettered to her husband even if harmony is lost or the objectives of marriage are unmet. It is for this very reason that Europe and America eventually adopted divorce once they recognized its benefits and advantages. Allah is All-Wise, All-Knowing.