Some of the scholars have mentioned five rulings of divorce: Obligation, recommendation, permissibility, dislike, and prohibition) and their explanations follow below:
Obligation
Talaaq (Divorce) could become obligatory in some circumstances, for example; when strong dissension occurs between a married couple leading to open conflicts and two just arbitrators are designated to mediate as commanded by Allaah -
"If you fear a breach between them twain (the man and his wife), appoint (two) arbitrators one from his family and the other from her's; if they both. wish for peace, Allah will cause their reconciliation" (Q4[Nisaa]:34)
If the two arbitrators appointed by the judge to intervene and resolve the matter after hearing the matter and efforts made both finally conclude that they be separated, then the ruling applies.
Another scenario is when a man abandons his wife by swearing an oath (called Eelaa, this will be discussed later - Allaah willing) and after the completion of the four month period, the man refuses to either take back the woman or set her free in divorce as prescribed by Allaah-
"Those who take an oath not to have sexual relation with their wives must wait four months, then if they return (change their idea in this period), verily, Allaah is Oft-Forgiving, Most Merciful. And if they decide upon divorce, then Allaah is All-Hearer, All-Knower". (Q2[Baqarah]:226)
Here, also, it would be obligatory that there is separation. Imaam an-Nawawee . (RAH) said:
"What is most authentic in our view is that it is obligatory on the judge to grant a revocable separation (i.e. such that they can still both remarry if they so' desire). Imaam Ibn Qudaamah al-Maqdisee (RA) also gave the same ruling.
Recommendation
Talaaq (Divorce) can also be recommended. an-Nawawee (RA) said:
"That is when the woman is not chaste or one or both of them is afraid not to be able to keep certain limits of Allaah."
Ibn Qudaamah (RA) adds:
"It is when the woman slackens regarding Allaah's ordainments over her like the prayers (salaah) and things like that and he is not able to make her change."
Imaam Ahmad bin Hanbal (rh) said: "He does not have to keep her (in such a case) and that is because it is a serious defect regarding her. Religion and he cannot vouchsafe her corrupting his bed and her bringing a misbegotten child to him. There is no blame if he is some harsh and strict with her in this circumstance to liberate her from it. Allaah the most High says:
"And you should not treat them with harshness, that you may take away port of the Mahr you have given them, unless they commit open illegal sexual intercourse. "" (Q4[Nisaa]:19)
Talaaq (Divorce) in these two situations may be obligatory.
Permissibility
This is at the time of necessity due to her bad character, unpleasant companionship, and causing him harm. "A man came to the Prophet (sallallaahu alayhi wasallam) and said: 'I have a wife' so he mentioned something of her being scornful and harmful. So, he (sallallaahu alayhi wasallam) said:
'Divorce her.'
He said: 'O Messenger of Allaah! She is one with companions and children?' He (sallallaahu alayhi wasallam) said:
'Keep her and instruct her for if she has goodness in her, she will obey but do not beat your spouses like you beat your slaves. '" (Ahmad). His complaint and the prophet's initial advice evinces the permissibility to divorce when a woman is scornful and harmful.
Dislike
When he divorces her without reason and their relationship is sound. 'Amr bin Deenaar (RAH) said: "Abdullaah bin Umar (RA) divorced one of his wives and she said to him: 'Do you find in me anything disgusting?' He 'said: 'No'. She said: 'So, for what reason is a chaste Muslim woman divorced?' He said: 'Return her. '"(Sa'eed bin Mansoor):
Prohibited
Talaaq (Divorce) is prohibited when a woman is in her menstrual period or in a state of purity in which he had cohabited with her. Mustapha al-'Adawee said:
"The scholars in all the cities and times are agreed on its prohibition and they refer to it as innovated divorce because the one divorcing has contradicted the Sunnah and abandoned the commands of Allaah, the most High, and His Messenger (sallallaahu alayhi wasallam)." (jaarni'u Ahkaam an-Nisaa).
This article was culled from the publications of Deen Communication Limited