divorce (الطَّلاقُ)
الفقه أصول الفقه
التعريف :
To terminate a marriage contract immediately or in future, making a particular statement.
المعنى الاصطلاحي :
Dissolving the marriage contract wholly or partially on the spot or at a later time using specific words or metaphors that replace them.
الشرح المختصر :
"Talāq" (divorce) is the legitimate termination of a marriage (as per the Shariah) by removing the knot of marriage wholly, as in irrevocable "talāq", or partially, as in revocable "talāq". To be dissolved, the marriage must be valid in the first place; a defective or invalid marriage is not subject to "talāq". To untie the marriage knot, certain words must be pronounced, and they are of two types: 1. Explicit, such as: "I divorced you" or: "You are divorced". 2. Implicit, which are metaphors of "talāq", on condition that the intention of divorcing exists when they are pronounced.
التعريف اللغوي المختصر :
"Talāq": untying, removing restraints. "Tallaqa": he divorced his wife, i.e. undid her marriage contract. Derived from "itlāq", which means setting free, letting go.