The accurate method of separation, divorce and its legitimacy in the light of Quran and Sunnah, a research study

علیحدگی کا درست طریقہ ،طلاق کا وقوع اور مشروعیت نص قرآنی اور سنت کی روشنی میں ایک تحقیقی مطالعہ

Abstract

Islam, being a religion of nature, addresses all human needs, including the essential institution of marriage. In Islam, marriage is established by a simple contract consisting of two words, binding two individuals in a union as intimate as garments to the body. This metaphor signifies a relationship of closeness, protection, and mutual concealment of faults. However, when the marital bond becomes untenable, Islam provides for divorce (Talaq) as a structured and thoughtful process, much like the establishment of marriage. This process involves not just the couple but also their families, ensuring time and deliberation. Unfortunately, many in contemporary societies view marriage and separation through cultural lenses rather than Islamic principles. Joint family systems often exacerbate these issues, with couples denied privacy and autonomy, leading to dissatisfaction, especially among women. The growing issue of intolerance within relationships has led to an increase in impulsive divorces, often regretted later. Some resort to un-Islamic practices like Halala, while others seek secular solutions. This article explores the Quranic perspective on marriage and divorce, focusing on verses from Surah An-Nisa (4:34-35), Surah Al-Baqarah (2:229-230), and Surah At-Talaq (65:1). It also examines the stages of marital discord within the Quranic framework, providing guidance for conflict resolution in line with Islamic teachings. Additionally, the article critiques the modern scholars who, under the pretext of ijtihad, have attempted to alter the well-established understanding of Talaq in light of the Quran, exposing the errors in their interpretations.