Divorce (1/5)

Divorce is dissolving the wedlock or, part thereof.

The Wisdom of Divorce:

Islam lays great emphasis on the stability of matrimonial life and the strength of ties between the two spouses. Divorce is the last resort to an unsuccessful marriage. Marriage is one of Allah's graces. While divorce is called for only when harmony between the two spouses become impossible.

• Divorce is man's right only. It may be so due to the fact that, he is more anxious on the durability of the marriage which has cost him, financially, to maintain it. He is apt to be more cautious and patient, and he applies reason more than emotions. A woman on the other hand, has quicker temper, Iess endurance, and shorter sightedness. Moreover, she does not have to suffer the consequences as the husband does. Had divorce power been given to both, divorce cases, probably, would have multiplied.

• Divorce takes effect if it is issued by a free- willed, sane adult.

• Divorce is not valid if it is issued by a person who is forced to do so, drunk, or who does not realize what he is saying, neither is it valid from an angry person who is not aware of what he has uttered.

• Divorce that is given jestingly is ineffective, because divorce is an act requiring intention, and jesting person has neither will nor intention to materialize what he says. Jesting persons are comparable to an obliviant person, or the mistaken, or a person who says, or does things unconscientiously.

• Divorce may be called for by the wife's ill-temper, or her wickedness, or when marriage becomes injurious to either of the spouses.

• Divorce is unlawful to be issued when the wife is in her menstruation, or postnatal period, or when she is in neither of these two situations, but her husband has had an intercourse with her after her period was over.

• Divorce would be valid if it is issued by the husband, or by his representative. The latter may issue one divorce whenever he wishes unless the husband limits his power to certain number of divorces during a certain period of rime.

The Forms of Divorce:

1- The unequivocal divorce which is expressed by words such as: "You are divorced", or "You are a divorcee", or the like.

2- The indirect divorce, which is expressed by words that may be understood to mean divorce, or otherwise, such as saying "You are separated," or "You are unlawful to me" or "Go to your family", or the like.

Divorce becomes effective when it is expressed in direct and obvious words that do not need intention to clarify their meaning. As for divorce which is expressed by indirect speech, it requires intention to become effective.

3- The prompt divorce, when the husband says to his wife: ''You are divorced", or "I divorce you", because the husband, in that case did not attach the divorce term to anything else.

4- The deferred divorce, when the husband says to his wife: "You are divorced tomorrow", or, "On the first day of the month". Such divorce would rake effect on the date from which it is slated.

5- The suspended divorce, when the husband attaches a condition to it. It is of two types:

a- If the husband intends by this divorce to threaten, or force his wife to do a thing, or to refrain from doing it, or the like, by saying, for instance: If you go to such a place, you would be divorced, intending to stop her from going to that place. This type of divorce would be ineffective, but it would require an oath expiation if she did go to that place.  Expiation entails giving meals to ten people, outfitting them, or freeing a slave. If he cannot afford it' he should observe fast for three days.

b- To intend to divorce his wife upon having a certain condition fulfilled. Such as telling his wife, "If you waive the last installment of your dowry, you would be divorced." Or, "If you give me such a thing you would be divorced." Such divorce takes effect when the condition is fulfilled.

The Sunni Divorce and the Bid'ee Divorce:

The Sunni Divorce,[1] when the husband divorces his wife with whom he has already cohabited, a single divorce when she is pure from menstrual discharge, and when he did not have an intercourse with her during her purity period. He may reapproach her during her iddah. The iddah lasts for three purity periods. If her iddah ends before he reapproaches her, she would be divorced. She would be lawful to him only after new marriage contract, and new dowry. If he reapproaches her during her iddah, he would resume with her the marital status. If the husband divorces his wife for the second time under the same circumstances, he would still reserve the right of maintaining the marital status if he approaches her during her iddah, but if he does not, both spouses must separate. To remarry her, he must have a new contract and a new dowry. Once he divorces her for the third time she becomes unlawful for him to remarry before she has remarried another man under a proper marriage contract.

The bid'ee divorce,[2] the divorce which does not conform with the respective Islamic laws, that is, when the husband divorces his wife during her menstruation, or after having an intercourse with her when pregnancy cannot be verified at that point. Or when the husband trebly divorces his wife in one sentence, or when he issues the three separate divorces in one single session by saying for example: "You are divorced, you are divorced, and you are divorced." This type of divorce is unlawful, and a sinful act. Divorce becomes valid only when the husband issues a triple divorce whether in a single sentence, or in a single session during her purity period. It would be, however considered as one-term- divorce associated with a sin on the part of the husband for giving three-in-one divorce.

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