The Book of Divorce

Divorce is the dissolution of the marriage contract. It is legislated, and its legitimacy is rooted in the Book [Quran], the Sunnah, and consensus (ijma'). As for the Book, it is the saying of Allah the Exalted: "Divorce is twice, then either retain with kindness or release with goodness" (1). And the Exalted said: "O Prophet, when you divorce women, divorce them for their waiting period" (2). As for the Sunnah, it is what Ibn Umar narrated, that he divorced his wife while she was menstruating. Umar asked the Messenger of Allah (may Allah bless him and grant him peace) about that, and the Messenger of Allah (may Allah bless him and grant him peace) said to him: "Command him to take her back, then let him leave her until she becomes pure, then she menstruates, then she becomes pure. Then if he wishes, he may retain her afterwards, or if he wishes, he may divorce her before he touches her; for that is the waiting period which Allah has commanded that women be divorced for." This is agreed upon (3). This is in addition to many other verses and reports. People have reached consensus on the permissibility of divorce, and reason (i'tibar) provides evidence for its permissibility, for perhaps the situation between the spouses becomes corrupt, so that the continuation of the marriage becomes pure corruption (4) and unadulterated harm, by obligating the husband to provide maintenance and housing, and confining the woman, along with poor companionship and constant dispute without any benefit. This necessitated the legislation of that which terminates the marriage, so that the corruption resulting from it may be removed.

Section: Divorce is of five types: Obligatory (wajib), which is the divorce of the one who has sworn an oath of abstinence (ila') after the waiting period if he refuses to return, and the divorce by the two arbiters in a case of discord, if they see it necessary. Disliked (makruh), which is divorce without a need for it. The Qadi (judge) said: There are two narrations regarding it; one of them is that it is forbidden (haram), because it is harm to himself and his wife, and an elimination of the benefit attained by them without a need for it, thus it is forbidden,