Definition & Legality

**Linguistic Definition:** At-Talaq means releasing, as it is said: "The she-camel was released" when she was let loose to go wherever she wished. **Technical Definition:** Dissolving the marriage bond or part of it. --- **Who Can Validly Pronounce Divorce:** Divorce is validly pronounced by a husband who is: - Adult - Sane - Discerning - Acting by choice (not coerced) - Understanding what he is saying Or by his proxy. Therefore, divorce is not valid from: - One who is not the husband - A child - An insane person - An intoxicated person - One under coercion - One in extreme anger who doesn't know what he is saying --- **Legality of Divorce:** The foundation of marriage is the continuation of marital life between the spouses. Allah has legislated many rulings and numerous etiquettes in marriage for its continuation and to guarantee its permanence. However, these etiquettes may not be observed by one or both spouses. At this point, the Wise Lawgiver has legislated the dissolution of the marriage bond in a way that does not waste the rights of either spouse, when the means of coexistence have become non-existent between them. **Divorce is legislated by the Quran, Sunnah, and Consensus:** **From the Quran:** - Allah says: "Divorce is twice: either retain with kindness or release with good treatment" [Al-Baqarah: 229] - Allah says: "O Prophet, when you divorce women, divorce them for their waiting period" [At-Talaq: 1] **From the Sunnah:** - Ibn Umar رضي الله عنه divorced his wife while she was menstruating. The Prophet ﷺ said: "Let him take her back and keep her until she becomes pure. Then if he wishes, let him divorce her" [Bukhari & Muslim] **Consensus:** The scholars of the Ummah have unanimously agreed on the permissibility and legality of divorce. --- **Wisdom of Divorce:** Divorce was legislated because it is a solution to marital problems when needed, especially when there is no harmony and enmity takes hold, making it impossible for the spouses to maintain Allah's limits and continue marital life. This is among the virtues of the Islamic religion.