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Husband's letter: "Open if I die."
Quranic principles[ edit ] According to the Quran, marriage is intended to be unbounded in time, as indicated by its characterization as a "firm bond" and by the rules governing divorce. In this system, women were particularly vulnerable. The Quran limited the number of repudiations to three, after which the man cannot take his wife back unless she first marries another man. Do not hold them back out of malice, to be vindictive. Whoso does this does himself injustice". Legal context[ edit ] Classical Islamic law is derived from the scriptural sources of Islam Quran and hadith using various methodologies developed by different legal schools. Upon talaq, the wife is entitled to the full payment of mahr if it had not already been paid. The husband is obligated to financially support her until the end of the waiting period or the delivery of her child, if she is pregnant. In addition, she has a right to child support and any past due maintenance, which Islamic law requires to be paid regularly in the course of marriage. The waiting period is intended to give the couple an opportunity for reconciliation, and also a means to ensure that the wife is not pregnant. Resumption of sexual relations automatically retracts the repudiation. The wife retains all her rights during the waiting period. The divorce becomes final when the waiting period expires. This is called a "minor" divorce al-baynuna al-sughra and the couple can remarry. If the husband repudiates his wife for the third time, it triggers a "major" divorce al-baynuna al-kubra , after which the couple cannot remarry without an intervening consummated marriage to another man. Making the third pronouncement irrevocable prevents the husband from using repeated declarations and revocations of divorce as a means of pressuring his wife into making financial concessions in order to "purchase her freedom". Because of this, and the financial obligations incurred, talaq could be a very costly and in many cases financially ruinous enterprise for the husband. Many repudiated women used the divorce payment to buy their ex-husband's share in the family house. In the historical record talaq appears to have been less common than khul'. This led to repudiation without good reason being considered socially improper. Talaq al-sunnah is further subdivided into talaq al-ahsan, which is the least disapproved form of talaq, and talaq al-hasan. The ahsan talaq involves a single revocable pronouncement of divorce and sexual abstinence during the waiting period. The hasan divorce involves three pronouncements made during the wife's state of ritual purity with menstrual periods intervening between them, and no intercourse having taken place during that time. Tafwid The husband can delegate the right of repudiation to his wife. Commonly, the contract gave the wife the right to "repudiate herself" if the husband married a second wife. It is justified on the authority of verse 2: If the woman gives back that with which she sets herself free. These are the bounds set by God; do not transgress them. It is further based on a hadith in which Muhammad instructs a man to agree to his wife's wish of divorce if she gives back a garden received from him as part of her mahr. A khul' is concluded when the couple agrees to a divorce in exchange for a monetary compensation paid by the wife, which cannot exceed the value of the mahr she had received, and is generally a smaller sum or involves forfeiting the still unpaid portion. If the husband pressures his wife to agree to khul' instead of pronouncing talaq, which would let him avoid attendant financial responsibilities, the divorce is considered to be invalid. Women employed a number of strategies to force a settlement from their husbands. Some neglected their marital and household duties, making family life impossible for the husband. Others demanded immediate payment of the deferred mahr, knowing that the husband had no means to comply and would be jailed if he failed to do so. Either spouse can petition a qadi court to obtain judicial divorce, but they must have compelling grounds for dissolving the marriage. The court starts the process by appointing an arbitrator from each of their families in order to seek a mediated reconciliation. If this effort fails, the court adjudicates the dispute by apportioning fault for the breakdown of the marriage with the associated financial consequences. Different legal schools recognized different subsets of these grounds for divorce. The most serious problem was abandonment, which was not recognized as grounds for judicial divorce. To address this, in some cases a man setting out for travel would leave his wife a letter authorizing talaq if he did not return within a specified period of time. In other cases, Hanafi judges invited a Maliki or Hanbali colleague to pronounce divorce, or the woman herself took the initiative to seek out a judge from one of these schools. The same approach was used to effect a divorce in cases of failure to provide maintenance. In the Ottoman Balkans a woman could file for divorce on the grounds that her husband was "not a good Muslim". Seventeenth-century sources indicate that non-Muslim women throughout the Ottoman Empire used this method to obtain a divorce. If he fulfils his oath, the marriage is dissolved; if he breaks it, the marriage continues. The husband is able to break the oath and resume the marriage. Breaking either oath requires expiation by means of feeding the poor or fasting. The wife is given an opportunity to take an oath denying infidelity, and if she does so and the husband persists in his accusation, the marriage is dissolved by a judge and the couple can never remarry. This oath can serve as a protection for the wife or as a threat by the husband, depending on the specified act. It was used to issue various threats to the wife as well as to make promises. In Ottoman Egypt marriage contracts commonly included stipulations of conditional talaq which were not otherwise recognized by the prevailing Hanafi school as grounds for judicial divorce, such as non-payment of maintenance or marrying a second wife. The wife obtains custody of the children until their majority whose definition varies according to legal school , while the father retains guardianship. A divorced woman could keep custody of the children unless she remarried and her husband claimed custody, in which case it generally passed to one of her female relatives. Under the Mamluks, women could waive the right to child support in order to obtain extended custody. Upon receipt, it becomes her sole property with complete freedom of use and disposal. The marriage contract is not valid without the mahr. The amount of the mahr generally depended on the socio-economic status of the bride. The payment of a portion of the mahr was commonly deferred and served as a deterrent to the exercise of the right of unilateral divorce by the husband, although classical jurists disagreed about the permissibility and manner of deferring payment of the mahr. If the husband asks for a divorce and intercourse has occurred, he pays full mahr; if the husband asks for a divorce and the intercourse has not occurred, the husband pays half the dower; if the wife asks for a divorce and intercourse has occurred, the husband pays half the mahr; and if the wife asks for a divorce and is still an intercourse has not occurred, then no mahr is required to be paid by the husband. Several scholars have argued that because these laws are more extensively specified in the Quran and hadith than others, it has been difficult for believers to accept deviating from these rules. The laws underwent codification by legislative bodies and were also displaced from their original context into modern legal systems, which generally followed Western practices in court procedure and legal education. Various reforms have been undertaken in an attempt to restrict the husband's right of unilateral repudiation and give women greater ability to initiate divorce. It also warned that those who divorce for reasons not prescribed under Shariat will be socially boycotted in addition to calling for boycott of those who use triple talaq recklessly and without justification. According to Al-Sakhawi, as many as three out of ten marriages in 15th century Cairo ended in divorce.
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