In Islam, family has been seen as the building block of society and marriage as that of family, but divorce has been allowed when marriage could not be maintained. In Islamic law doctrine, talaq (divorce) has been organized around the husband. While marriage is instituted through the consent of both parties and with the dower to be paid by the husband, divorce has been regarded as a decision that the husband can take unilaterally, as giving up a right that he has. If the woman wants to get divorced, according to the Hanafi school, she cannot go to court except for a sexual problem with her husband such as impotence. If the woman got the power of divorce from her husband, she can get divorced using that power or she can get divorced in exchange for a certain compensation. Other schools of thought include incompatibility, harm, not providing livelihood, desertion among the grounds on which the woman can seek divorce in court.In a marriage, the man has a right to three divorces (talaq). While the first and second divorce can be either rij'i (revocable) or bain (irrevocable), the third constitutes al-baynuna al-kubra (major/final divorce). In rij'i talaq that happens through the husband's usage of a phrase of divorce, the husband can backtrack in the idda period and return to the marriage. Divorce before consummation, divorce in exchange for compensation, and most divorces through a judge's decision are bain talaq. After bain talaq, remarriage with the divorced woman is only possible after a new marriage and with her consent. A third divorce or a divorce through what most consider to be a valid triple divorce by mentioning a number of repetition of the phrase causes a separation that cannot be reversed even with re-marriage. In this case, they cannot remarry unless the woman gets married to a new man and that marriage is consummated first.Whether the divorce would still happen if the man was not conscious or did not mean to get divorced while still pronouncing phrases of divorce has been debated in classical fiqh. Most have regarded the divorce of a person intoxicated through haram to be valid. A divorce while excessively overwhelmed by rage has been seen invalid by some and valid by others. There are some opinions within some schools of thought that regard as valid the pronouncement of divorce under pressure or threat, saying it as a joke, accidentally, or even without knowing what one is saying.In fiqh schools of thought, tying divorce to a condition or time has been widely accepted. A husband can pronounce a conditional divorce such as "I divorce you if you do this" or "if you don't do that" to make his wife do something or make her stop doing something. Also, the condition can be tied to the husband himself or a third person doing or not doing something. Some oath phrases that people use in daily life that constitute swearing to get divorced are considered divorcing. In the pronouncement of conditional divorce for the purpose of taming, deterring, intimidating, sounding stronger, or asserting, one can add three or more numbers to the divorce to make the words sound even stronger. Divorces through phrases like "I divorce you next month" or "from such date on" are also seen as valid by some. Such opinions are thought to have the ability to cause unintended divorces.Based on the Quran and Sunnah, talaq is grouped into bid'i and sunni. Divorce during a woman's period, divorce between periods after sexual intercourse, and divorcing more than once in one instance has been seen as bid'ah. Opinions have been expressed about these divorces being haram or makruh but also that their results are nonetheless valid. There are also jurists who argue that pronouncement of divorce in ways prohibited in the Quran and Sunnah do not result in divorce. Pronouncement or more than one divorce in one instance has been regarded totally invalid by some and seen as resulting in only one divorce by others.The second ayah of Surah Talaq commands continuing the marriage or ending it by divorce in an honorable way and having two reliable people as witness. Most jurists have taken the commandment in the ayah as a recommendation and have regarded witnesses for divorce or for backtracking on a divorce as mandub. There are those who see witnesses as wajib too. Because registration has become only possible after certain societal developments, classical books of fiqh do not talk about the need to register marriage or divorce. It is obvious that the classical methods of divorce in which divorce or reversal of a divorce are done through the unilateral pronouncement of the husband without the consent of the woman or even the need to declare it to the woman can cause legal disputes under today's circumstances.In Islamic family laws there are new precautions that take into account today's circumstances and possibilities and that aim to raise legal protection to a higher level. Registration, which is very important in preserving the rights related to divorce, has become mandatory and it has become important that divorce is processed under judicial protection and regulation. The decision to divorce, which has important implications for the institution of family and the two parties, should be taken with a seriousness proportionate to its weight. This is why family laws regard as invalid the pronouncement of divorce when the husband is intoxicated, under duress or threat, overwhelmed by rage, joking, or saying things accidentally without knowing what he is talking about. Using a number with the pronouncement or repetition of the phrase within one instance has been regarded as a single divorce. Conditional divorces that have an intention other than declaring a divorce that has already been decided or divorces conditioned on a future date have been seen invalid. In some countries, because of requirements that any party that wants a divorce have to go to the court and that the court has to first try to reconcile the parties, the aforementioned situations are out of the question. The aim with this is to put the decision to divorce on a firm basis and protect the rights of the parties after divorce.
