Dissolution of Marriage (Divorce) under Islamic Law

Abstract

The aim of this paper is to be acquainted with the modalities of separation in marriage under Islamic law. The Holy Prophet (SAW) declared that among the things which have been permitted by law, divorce is the worst. Divorce being an evil, it must be avoided as far as possible. But in some occasions this evil becomes a necessity, because when it is impossible for the parties to the marriage to carry on their union with mutual affection and love then it is better to allow them to get separated than compel them to live together in an atmosphere of hatred and disaffection. The basis of divorce under Islamic law is the inability of the Spouses to live together rather than any specific cause (or guilt of a party) on account of which the parties cannot live together. A divorce may be either by the act of the husband or by the act of the wife. There are several modes of divorce under the Muslim law. Which will he discuss hereafter. In Islam, the husband pronounces the phrase “I divorce you” (in Arabic, talaq) to his wife. A man may divorce his wife three times, taking her back after the first two (reconciling). After the third talaq they can’t get back together until she marries someone else. Some do a “triple talaq”, in which the man says in one sitting “I divorce you” three times (or “I divorce you, three times”, “you’re triple divorced”). Many Islamic scholars believe there is a wailing Period involved hem between the three talaqs, pointing to various hadiths. However the practice of “triple talaq” at one sitting has been “legally recognized historically and has been particularly practiced in Nigeria.