A Critique on Jurist Views on Divorce According to Verses of the Qur'an

Divorce is one of the ways to end marital life and the last solution to resolve disputes between couples. In narrative texts, divorce is mentioned as the worst halal. Although, according to the texts of the Qur'an and Sunnah and from the viewpoint of the majority of the jurists, the principle in divorce is to forbid it and not to make it happen and to encourage the continuation of the marriage, but the ruling on the occurrence of some divorces, such as divorce while drunk, the triple divorces with one word and divorce while on period from the perspective of some jurists, is contrary to this general principle. Examining the verses of the Qur'an about divorce, it seems that according to the context of the verses of the Qur'an, divorce, which is permissible in the Shari'a and intended by the Shari'a, needs to take place during the stages and under certain conditions. The meaning of the word marrah in the verse ﴾al-ṭalāq marratān﴿, and some narrations, indicate the above-mentioned issue. The result of this approach is that, contrary to the view of the majority of the jurists, many divorces are not fulfilled as they are not based on the stages and observance of their conditions.