1. WHO MAY EFFECT A DIVORCE
(The legal basis for the permissibility of divorce is the Quran, sunnah, and consensus of Muslims. As for the Quran, Allah Most High says,
“Divorce is two times … ” (Quran 2:229).
And as for the sunnah, there is the rigorously authenticated (sahih) hadith,
“No permissible thing is more detested by Allah than divorce.”
Our sheikh, Bajuri, says the meaning of permissible in the hadith is offensive, since it is permissible, meaning lawful, though detested by Allah.
Its integrals are five;
a) the spoken form;
b) the wife;
c) the authority to effect it;
d) the intention;
e) and the person who effects it (i.e. the husband).)
Divorce is valid from any:
a) husband;
b) who is sane;
c) has reached puberty;
d) and who voluntarily effects it.
A divorce is not valid from:
1. (non- (c) above) a child;
2. (non- (b) someone insane;
3. or (non- (d) someone who is wrongfully coerced to do it, as when one is threatened with death, dismemberment, being severely beaten, or even mere verbal abuse or a slight beating if the person being coerced is someone whose public image is important and would thereby suffer. (Someone being forced should use words that give a misleading impression for his ostensible “divorce.”)
A statement of divorce is legally effective when pronounced by a person whose mental faculties are lacking because of something inexcusable such as having become intoxicated or having needlessly taken some mind-altering drug (though someone who takes such a drug out of need for medical treatment is considered as an insane person, in that his statement of divorce is not legally effective).
The person conducting the divorce may affect it himself or commission another to do so, even if the person commissioned is a woman.
The person commissioned may affect the divorce at any time (provided the one who commissions him does not cancel the commission before the divorce takes place), though when a husband tells his wife. “Divorce yourself,” then if she immediately says, “I divorce myself,” she is divorced, but if she delays, she is not divorced unless the husband has said, “Divorce yourself whenever you wish.”
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