Islamic jurisprudence addresses the dissolution of marriage through various legal pronouncements. These pronouncements, derived from the Quran, Sunnah (Prophet Muhammad’s teachings and practices), Ijma (scholarly consensus), and Qiyas (analogical reasoning), establish the permissibility of ending a marital union under specific circumstances. They outline the processes, conditions, and responsibilities involved for both parties. For instance, a husband may initiate a unilateral divorce (Talaq), while a wife can seek dissolution through a court procedure (Khula or Faskh) depending on the grounds.
The structured process surrounding marital dissolution provides a framework aimed at minimizing harm and injustice to both spouses and any children involved. Historically, these legal opinions have offered a mechanism for addressing irreconcilable differences and situations of abuse or neglect within a marital relationship. They intend to balance individual rights with the preservation of family stability, offering avenues for legal recourse when a marriage becomes untenable. They also prescribe measures related to financial support, child custody, and inheritance rights to ensure a just outcome following the termination of the marriage contract.
