Essential Information About Divorce in Islam

Divorce is one of the most widespread social phenomena in recent times. What are the reasons behind its rise? What are the rulings and conditions for divorce between spouses?

What are the effects of divorce on both parties? Dear reader, follow along as we present a detailed report in the following lines. Stay with us.

What is Divorce?

Divorce is defined as the dissolution of the marriage contract, ending the marital relationship and severing the ties between husband and wife. Laws regarding divorce vary greatly around the world.

Each country has its own legislation and regulations concerning divorce, but they are generally similar in that the process requires going to court and following legal procedures.

These procedures address matters related to the separation of spouses, such as child custody, alimony, division of property, and determining visitation times for parents if children are involved.

Reasons for the Rise of Divorce Among Couples

Although divorce cases are similar across Arab countries and the number of separations is increasing, there are specific reasons behind this phenomenon.

Our research into the main causes found that:

• The primary and most significant reason for the rising divorce rates is the difficult economic and living conditions faced by most Arab countries.
• The impact of crises that have affected Arab societies in recent years.
• Health reasons, especially in light of the COVID-19 pandemic.
• Social disintegration resulting from various pressures people face across the Arab world.
• Domestic violence, lack of compatibility, and inability to bear responsibility.

The Definition of Divorce in Islam and Its Impact on Society

From an Islamic legal perspective, divorce is the dissolution of all or part of the marriage contract. Divorce is permitted as stated in the Qur'an.

However, it is considered disliked except in cases of necessity or compelling reasons, as Islam regards the family as one of the main pillars of society.

When divorce occurs and the phenomenon increases, it leads to significant disruption in the structure of the Muslim community, with negative effects on the husband, wife, and children.

What Are the Types of Divorce in Islamic Law?

The types of divorce in Islam differ in terms of wording, number, and circumstances, but there are two main categories.

Divorce can be revocable, meaning if the husband divorces his wife for the first or second time, he may take her back, provided it is before the end of her 'iddah (waiting period).

Or it can be irrevocable, which is divided into two types:

Major Irrevocable Divorce (Baynuna Kubra):

In this case, the husband pronounces the third divorce. She is not lawful for him unless she marries another man in a valid marriage and is then divorced from him.

Minor Irrevocable Divorce (Baynuna Sughra):

This occurs when the husband divorces his wife for the first or second time and her 'iddah has ended, or in the case of khul‘ (when the wife seeks divorce before consummation). The husband may remarry her, but only with a new marriage contract and mahr.

Conditions for a Valid Divorce

Islam has set conditions for the validity of a divorce, which include:

• There must be a valid nikah (marriage contract) between the husband and wife.
• The husband must be of legal age, as scholars agree that the divorce of a minor is not valid.
• The husband must be sane and not mentally incapacitated or insane.

With this, we have provided an explanation of the phenomenon of divorce, its main causes, the Islamic ruling on separation between spouses, and the negative effects of this disliked phenomenon.