Traditional Legal Categories of Repudiation as Divorce in Islamic Law

Abstract

The term talaq is commonly translated as «repudiation» or simply «divorce». In classical Islamic law it refers to the husband›s right to dissolve the marriage by simply announcing to his wife that he repudiates her. It requires neither justification nor court approval. Classical jurists imposed certain restrictions on valid repudiation. For example, the declaration must be made in clear terms; the husband must be of sound mind and not coerced. Changing social conditions have led to increasing dissatisfaction with traditional Islamic law of divorce since the early 20th century. 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.