DIVORCE

Shari'ah does not look upon divorce with favor, but despite of that it recognizes its necessity and value in cases when the marital relations of the spouses are poisoned to a degree which makes a peaceful home life impossible. Shari'ah permits divorce as a last resort, i.e. when all efforts of peaceful living between the spouses miserably fail. The Shari'ah exhorts both spouses to think hundred and one times before making the final decision of separationand it has, therefore afforded all possible opportunities for reconciliation and provided ample time to reflect calmly over the pros and cons of the matter.

Divorce is the formal dissolution of the marriage bond to be granted only after the exhaustion of all possible means of reconciliation between the spouses.

1.) Dovirce should be pronounced in the period of purity (tuhr) in compliance with the verse of the Glorious Qur'an: "O Prophet! when ye do divorce women, divorce them at their prescribed period." (65:1)

The prescribed period mentioned in the just quoted verse means the period of purity. It is irregular to pronounce divorce while the wife is menstruating. The idea behind is that in the period of purity the husband is inclined to resume conjugal relations with the wife and the latter is in a rational frame of mind as menstruation has a disturbing effect on her. Any incipient differences between the spouses should not be forced to an issue at a time when sex is least attractive and almost repulsive. Everything shoudl be exhausted to strengthen the social and spiritual aspects of marriage because although divorce is permitted it is the most detested in the sight of Allah.

Prophet Muhammad (S.A.W.) said: "Of all things permitted by Allah, divorce is the most hateful in the sight of Allah."

2.) The pronouncement of divorce should be spread over three periods (three monthly courses) to give the spouses ample time to reflect calmly over the pros and cons of the matter.

Allah (SWT) said: "A divorce is only permissible twice: after that, the spouses should either hold together on equitable terms or separate with kindness." (2:229)

TALAQ RAJ'I (REVOCABLE DIVORCE)

It is a revocable divorce (talaq raj'i) because the husband has still the right to take his wife back into conjugal relation within the prescribed 'idda (waiting period) even against her will by just resumption of cohabitation with her and without need of a new contract of marriage. Talaq raj'i connotes a revocable divorce wherein the husband has the right to rejoin his wife during the prescribed 'idda. Upon failure of the husband to reconcile with his wife during the prescribed 'idda, the talaq raj'i shall ripen into an irrevocable divorce known as talaq ba'in sugra because the rule laid down by the Shari'ah is: should the husband fail to resume cohabitation with his wife within the prescribed 'idda for the talaq raj'i, the repudiation shall become irrevocable (talaq ba'in sugra). But ha can still rejoin his wife by entering with her into a new contract of marriage and stipulating with her a new dower (mahr).

Talaq ba'in Sugra arises when the husband repudiate his wife either for the first or the second time and fails to reconcile with her during the prescribed 'idda and so he cannot rejoin her without the benefit of a new contract of marriage.