What is the correct opinion in regards to the ruling of divorce?

Answered by our Shaykh, the ‘Allaamah, the Sincere Adviser, Abu ‘Abdirrahman Yahya bin ‘Ali Al-Hajoori – may Allaah preserve him –

Question:

What is the correct opinion in regards to the ruling of divorce?

Answer:

Divorce is permissible, Allah the most high said:

“الطَّلاقُ مَرَّتَانِ فَإمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ”

The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness… [Al-Baqarah 229]

“وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُوفِ حَقَّا عَلَى الْمُتَّقِينَ”

And for divorced women, maintenance (should be provided) on reasonable (scale). This is a duty on Al-Muttaqun (the pious) [Al-baqarah 241]

And the Prophet ﷺ got married and he divorced. And some of the people of knowledge have only disliked it due to the hadeeth:

«أبغض الحلال إلى الله الطلاق»
The most disliked halaal to Allah is the divorce.

And the hadeeth has a weakness in it (i.e not authentic).

And what is left to be mentioned is that if separation occurs between the children and their mother (by divorce) and the mother is righteous, then it is better to refrain from this, because it is desirable to shaytaan, he sets up his throne on the ocean and sends out his army, then one will come to him and say “I did not leave such and such until he divorced his wife” he will then crown him and say to him: “you are good”.(1)

Nonetheless the origin of divorce is that it is permissible, as it has been mentioned previously.

(1)Hadeeth of Jaabir reported by Muslim.

Translated by : Abu Huthayfah Saamy Al-hindy