Islamic Law of Divorce

Islamic Law of Divorce presents a concise and structured study of the juristic principles governing marriage dissolution in Islamic law. Written with particular attention to clarity and legal method, the work explains the foundations, procedures, consequences, and limitations associated with talaaq and related forms of marital dissolution. The study begins with the principal sources of Islamic law-the Qur'an, Sunnah, ijma and qiyas-before examining the distinctive legal character of the Muslim marriage contract. The author emphasizes that divorce is regulated by prescribed conditions and procedures rather than being an unrestricted act, and discusses reconciliation, arbitration, periods of purity, iddah, revocable and irrevocable divorce, and the consequences of multiple pronouncements. Further chapters address divorce by implication (kinayah), the right of re-taking, remedies available to a wife, conditions incorporated into a marriage contract, and tafwid ul talaaq, by which the husband may delegate authority to the wife under defined terms. The manuscript also compares juristic positions associated with the Hanafi, Maliki, Shafi'i, and Hanbali schools where relevant. A substantial concluding section considers judicial grounds for dissolution sought by the wife, including absence or disappearance of the husband, failure to maintain, failure to fulfil marital obligations, impotency, insanity, disease or defect, and cruelty. In doing so, the work illustrates the operation of juristic reasoning, necessity, and inter-madhhab legal consideration within Islamic family law. Originally intended to set out the basic rules of Islamic divorce law in a clear and accessible manner, this edition incorporates additional articles written after the first edition of 1983. Suitable for students of Islamic law, scholars of classical fiqh, legal researchers, Muslim family-law practitioners, seminaries, and academic libraries, this volume offers a compact study of divorce as a regulated legal institution within the classical juristic tradition.