An Investigation into Non-Traditional Divorce in Imamiyya and Hanafi's Fiqh: Foundations and Solutions

Jurisprudential point of view about non-traditional divorce in Imamiyya and Hanafi’s jurists is one of the most serious and challenging issues in divorce. According to Imamiyya’s jurisprudential foundations such as following the absolutely clear text(Nas), practice (Sunnah) and consensus decrees that the four instances of divorce: divorce of woman in her monthly period, in her puerperal period, in her cleanliness in which sexual intercourse is done and sum divorce are prohibited, unlawful, non-traditional divorce and against the religious law; and emphasize on their nullity; while Hanafi’s jurists, under the same titles and the prophet companions’ behavior and comparison, insist on its permission and accuracy. But foundations of accuracy of non-traditional divorce, regarding with serious challenges, can’t only encounter foundations of nullity but there are evidences against it. Therefore the fundamental technique to solve the differences is to rely on traditional divorce on which is agreed and accepted by principles and rules of both jurisprudential approaches.