Abstract:

The widely accepted view in Islamic law regarding divorce is that it can be carried out through a unilateral declaration of intent by the husband. There is a right to three divorces, the first two of which are revocable. The use by the husband of clear words of divorce or the use of indirect or allusive words with the intention of divorce result in divorce. According to most, it is possible for the man to do a triple divorce at once by mentioning the number or by way of repetition of the pronouncement of divorce. Tying divorce to a condition or a time has been accepted as valid among jurists. Divorce of the intoxicated person is valid according to most jurists and some also see valid the divorce of the mukrah, madhush, haazil, and mukhti. The husband does not have to have witnesses for the divorce, the reversal of the divorce, nor does he have to register it with a court or share these decisions with his wife. The rule is for divorce procedures to be handled within the family while going to the court is the exception. However, in Islamic family laws, considering today’s circumstances, possibilities, and needs, stipulate the registration of the divorce with a court or going to the court to seek divorce. There are also some who require two witnesses for divorce or for the reversal of a divorce alongside registration. Multiple divorces by mentioning numbers or by repetition have been regarded as a single divorce. The divorce of the intoxicated, mukrah, madhush, haazil, and mukhti has been regarded as invalid. It has usually been preferred for declaration of divorce tied to a condition or a time to not result in a divorce. The main purpose of these changes is thought to be the interests of the family and legal protection.

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