The divorce in language
It is: loosening the bonds, which is derived from the release; which is sending and leaving, It is said: I released the captive: If you loosen his chains and send him, It is said: So-and-so divorced the hand with goodness. i.e.: a lot of effort and giving, And it is said: He divorced the country if he left it, and it is said to a person if he is freed; divorced, that is: he became free; (Lisan al-Arab by Ibn Manzoor, vol. 4, p. 2693).
The divorce in Sharia
The dissolution of the marriage bond, and the termination of the marital relationship, the term divorce in its various derivatives in the Holy Qur’an fourteen times; (The Indexed Dictionary of the Words of the Qur’an, p. 427: p. 428).
The legality of divorce
First: the Holy Quran
God said
﴿ الطَّلَاقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ ﴾ [البقرة: 229]
Divorce twice, then withholding according to what is kindness, or lay off with kindness.” [Al-Baqarah: 229]
Glory be to Him said
﴿ لَا جُنَاحَ عَلَيْكُمْ إِنْ طَلَّقْتُمُ النِّسَاءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُوا لَهُنَّ فرِيضَةً ﴾ [البقرة:236]
There is no sin on you if you divorce women, As long as you do not touch them or impose a obligatory on them.” [Al-Baqarah: 236]
Almighty said
O Prophet, if you divorce women so they divorced them for their waiting period, so they divorced them for their waiting period.
Second: the evidence from the Sunnah
The two sheikhs narrated on the authority of Abdullah bin Omar, may God be pleased with them, He divorced his wife while she was menstruating at the time of the Messenger of God, may God bless him and grant him peace, Umar ibn al-Khattab asked the Messenger of God, may God’s prayers and peace be upon him, about that, and the Messenger of God, may God’s prayers and peace be upon him, said: ((Tell him to take her back, then to hold her, until she purifies, then menstruates, then purifies, Then, if he wills, he will be withheld after, and if he wills be divorced after that, before it touches, that is the kit that God has commanded that women divorce her)); (Bukhari, Hadith 5251, Muslim, Hadith 1471).
Third: Evidence from consensus
All Muslims agreed on the permissibility of divorce.
The wisdom of the legality of divorce
Imam Ibn Qudamah (may God have mercy on him) said: The lesson is indicative of the permissibility of divorce, because the situation may have deteriorated between the spouses, so the continuation of the marriage becomes pure corruption, and abstract harm by obligating the husband to spending and housing, Imprisonment of a woman with bad treatment, permanent rivalry without benefit, so it was required by the law that removes marriage; to remove the spoiler from it; (Al-Mughni, by Ibn Qudamah, vol. 10, p. 323).