The definition of divorce: The linguistic meaning of the Arabic word “talaaq”, which translates in English to divorce, is untying a bond. The word is derived from the root word “al-itlaaq”, which means releasing or ditching. However, the term in Islam is used to refer to the termination of a marriage by uttering the words of divorce and the like of it.
2. The ruling of divorce: It is disliked for the spouse to resort to divorce for no valid reason [127] Some of the Hanafi scholars opined that the basic ruling pertaining to divorce is that it is not disliked, and its ruling can change and take any of the five rulings, namely permissible, recommended, obligatory and prohibited. Unfortunately, It is disheartening to see the high rates of divorce today especially among the youth, which occurs either due to the lack of understanding between the spouses, growing up in a bad environment, and the lack of understanding about the roles of the husband and that of the wife. Most marriages today lack compatibility and oftentimes spouses do not uphold realistic views about life and marriage life. Sadly, one of the main causes of divorces that happen today is constantly gazing upon prohibited things that show in the television, on the internet, in the mobile phones and so on. , which is the view of the Shafi’i, Hanbali and Maliki Madhabs. This is also the view of al-San’aanee, al-Shawkaanee, Ibn Baaz and Ibn ‘Uthaymeen.
3. The ruling of having a witness for issuing divorce: The four Madhabs agree that it is not obligatory to have witnesses on the divorce.
a. The ruling of documenting the divorce in conventional courts in non-Muslim countries: If a man divorces his wife and his divorce is deemed correct and valid in Islam, then there is no harm in documenting it in the conventional courts of the non-Muslim country. This is the verdict of the Assembly of Muslim Jurists in North America (AMJA).