Topics: Talaq

The Ruling on Divorce in Islam: Understanding the Ḥadīth and its Authenticity

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The Ḥadīth 'The most despised of all ḥalāl affairs to Allāh is divorce': An Examination of its Authenticity and the Rulings on Divorce in Islam

The Ḥadīth ‘The most despised of all ḥalāl affairs to Allāh is divorce’: An Examination of its Authenticity and the Rulings on Divorce in Islam

Sheikh Abū Muhammad Abdulhamīd Al-Zu’ korī -may Allāh grant him success said:

This ḥadīth is NOT AUTHENTIC. Bukhārī and others have said it is defective.

Divorce may be wājib at times, like, if the man engages in immoral acts, or if the husband is negligent in fulfilling his rights towards his wife, she can request a divorce. And the same if he/she is negligent in fulfilling the great rights of Allāh, like offering Ṣalāh and so on. Although, some of the scholars see that the marriage is automatically annulled due to (one of them) abandoning Ṣalāh.

Divorce may also be mustardḥabb (recommended), or even harām at times.

In fact, all of the five rulings apply.

(I.e. It may be:

1. wājib (obligatory)
2. Mustahabb (recommended)
3. Mubāh/Ḥalāl (permissible)
4. Makrūh (disliked)

5. Ḥarām (forbidden).

For example, it is Ḥarām for him to divorce her during her menses or postpartum, or while she is clean – if he had intercourse with her during this period. Or, if he disregards her and divorces her for no reason.