عنوان مقاله [English]
نویسندگان [English]چکیده [English]
Under Islam, divorce is a legitimate means of dissolution of marriage. Based on a hadith by Prophet Muhammad, the right to apply for a divorce is only vested on the husband. According to some jurists, the husband may divorce his wife at any time and under any circumstances while the wife has no such right. This has given the enemies of Islam a pretext to criticize Islam at the same time as raising questions about legitimacy of such right among the ordinary Muslims. Islam is founded on justice and equality and there is no discrimination between man and woman under Islam. Certain answers have been given to the said questions but they are mostly based on the assumption that women are emotional and irritable and are not convincing to the modern human. So as regards wajib divorce, although Islamic jurisprudence considers divorce as a unilateral contract and vests the right to conclude such contract only in the husband, Islam binds the husband to divorce the wife both when the continuation of marital life has become unbearable for the wife and when the wife makes it obligatory for the husband to divorce her by repudiating her right to marriage portion, thus making divorce an obligatory for the husband. Thus, as with any other material issues that are governed by a certain rule of Islamic jurisprudence (not prohibited but at the same time not recommended, prohibited, recommended, execrable but not prohibited and allowed), the five rules apply to the divorce.