First of all, we note that divorce is the most hated of permissible things to God, because it destroys homes and their stability. However, sometimes divorce is the solution to end problems.
Article (52) Cases of Separation between Spouses
- Divorce.
- Khula
- Repudiation.
- Annulment of the Marriage Contract.
- Death of One of the Spouses.
Article (59) Types of Divorce
Divorce is of two types:
- Revocable divorce, which does not terminate the marriage contract until the waiting period has expired.
- Irrevocable divorce, which terminates the marriage contract upon its occurrence and is divided into two types:
A. Minor irrevocable divorce: If the divorce occurs for the first or second time and the divorcing husband does not take his ex-wife back during the waiting period, the divorced woman is not permissible for her ex-husband except with a new marriage contract and a new dowry.
B. Major irrevocable divorce: This is a divorce that completes three divorces. The divorced woman is not permissible for her ex-husband until her waiting period from another husband who has actually consummated the marriage with her has expired.
Article (65) Definition of Khul’
Khulu’ is a separation between spouses at the request of the wife and with the husband’s approval of the compensation offered by the wife or another party. Khul’ is a minor irrevocable divorce.
Article (69) Court annulment of marriage contract due to illness or harmful condition
If one of the spouses finds in the other a disease or a persistent illness that is repulsive or harmful, such as insanity, leprosy, or an illness that prevents sexual pleasure, such as impotence, horns, and the like, he may request the annulment of the marriage, whether that illness existed before the contract or occurred after it.
The right to annul the marriage is forfeited if he knew about the illness or defect before the contract or accepted it after it, explicitly or implicitly. However, the wife has the right to request annulment due to illness or defect preventing sexual pleasure.
If the disease or harmful ailment is incurable, the court shall annul the marriage contract without any need for a grace period. However, if it is possible to remove them, the court shall postpone the case for an appropriate period not exceeding one year. If the disease or ailment does not disappear within that period and the person seeking annulment persists, the court shall annul the marriage contract.