Islamic Marriage Dissolution: Legal Frameworks, Divorce, and Repudiation

Dissolution of Marriage in Islamic Law

Islamic law governs the dissolution of marriage through specific legal formulas, primarily 'divorce' and 'repudiation'. Repudiation encompasses cases of dissolution imposed unilaterally by one spouse or those resulting from the mutual agreement of the spouses.

Methods of Islamic Marriage Dissolution

In addition to cases of absolute and relative nullity, and dissolution due to the death of either party, an Islamic marriage is primarily dissolved in three ways:

• Unilateral repudiation
• Mutual agreement
• Judicial dissolution (either ex officio or upon request by a party)

The Husband's Prerogative in Dissolution

The husband holds the primary right to terminate a marriage. Even when the dissolution results from a mutual agreement between spouses, is imposed by a judge, or initiated by the wife, the prevailing idea is that it is the husband who ultimately divorces and breaks the marriage bond.

Unilateral Repudiation: Without Reason or Consent

In some forms of repudiation, the husband may exercise this right without stating a specific reason and without the wife's consent.

Forms of Repudiation in Islamic Law

More than a dozen forms of repudiation are known. Some are considered legal, conforming to the regulations imposed by the Sharia. Others are known as irregular or less legal (bid'a), often practiced classically, not fully compliant with the Quran or Sunna, yet accepted by jurisprudence and doctrine.

Conditions for a Husband's Repudiation

To exercise the power of repudiation, the husband must meet specific conditions:

• Muslim: Islamic law applies only to people of that faith.
• Of Legal Age (Puberty): The act of repudiation is a personal act and cannot be exercised by anyone other than the husband, even by those who arranged the marriage for a minor or ward.
• Of Sound Mind: This excludes cases of dementia and idiocy.
• Legally Married: This condition poses no major inconvenience in Islamic law, as there is a principle that validates any marital union, even if consummation was flawed.

Repudiation Validity and Intent

For the exercise of repudiation to be valid and have the appropriate effect, there must be repudiatory intent by the husband. However, this intention becomes irrelevant when a formal declaration of dissolution is used, as such a formulation, by itself, gives rise to the ordinary effects of repudiation.

Types of Extrajudicial Repudiation

The legal system provides various forms of extrajudicial repudiation, which can be either revocable or irrevocable.