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The Arabic word for divorce is talaq which means"
freeing or undoing the knot" (Imam Raghib). In the
terminology of the jurists. Talaq signifies the dissolution of
marriage, or the annulment of its legality by the
pronouncement of certain words.
Divorce is of three kinds: the Ahsan, or most laudable, the
Hasan, or laudable, and the Bid'a or irregular.
Talaq Ahsan or the most laudable divorce is where the
husband repudiates his wife by making one pronouncement within
the term of Tahr (purity. when the woman is not passing
through the period of menses) during which he has not had
sexual intercourse with her, and she is left to observe her 'Idda.
Talaq Hasan or laudable divorce is where a husband
repudiates an enjoyed wife by three sentences of divorce, in
three Tuhrs
Talaq Bid'a or irregular divorce is where a husband
repudiates his wife by three divorces at once. According to
the majority of the jurists, the Talaq holds good, but it is
against the spirit of the Shari'ah, and, therefore, the man
who follows this course in divorce is an offender in the eye
of Islamic Law.
The right of woman in demanding the dissolution of marriage
is known as Khula' (meaning, literally, the putting off or
taking off a thing). It is a kind of facility provided to the
wife in securing Talaq from her husband by returning a part or
full amount of the bridal gift.
We have described before that, according to Islam, marriage
is a civil contract; yet the rights and responsibilities
consequent upon it are of such importance to the welfare of
humanity that a high degree of sanctity is attached to it.
But, in spite of the sacredness of the character of the
marriage tie, Islam recognises the eternity of divorce in
cases when marital relations are poisoned to a degree which
makes a peaceful home life impossible. But Islam does not
believe in unlimited opportunities for divorce on frivolous
and flimsy grounds, because any undue increase in tht
facilities for divorce would destroy the stability of family
life. Therefore, while allowing divorce even on genuine
grounds, Islam has taken great care to introduce checks
designed to limit the use of available facilities. The French
legists Planiol and Ripert have explicitly emphasised Islam's
point of view in regard to divorce in these words:"
Divorce is a mischief. However, it is a measure that cannot be
avoided for the welfare of the community, because it is the
only remedy for another harm which may be wore dangerous The
prohibition of divorce, whatever harm it may imply, is like
the prohibition of surgery, because the surgeon is compelled
to amputate some of the limbs of the patient's body. However,
there is no danger whatsoever, in legislating for divorce (in
accordance with the practice established by Islam) since it is
not divorce that spoils married life and dissolves its sacred
tie, but the misunderstanding that arises between the married
couple and hinders the strengthening of this (union by
marriage) and demolished it. Divorce alone puts an end to the
hatred that may occur between the husband and his wife before
it is aggravated and becomes an intolerable mischief to
society" (quoted by Hasan Ibrihim Hasan, Islam,
Religious, Political. Social and Economic Study, p. 274).
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