正如安拉(SWT)制定了婚姻,祂也制定了离婚。其合法性的依据是《古兰经》、圣训和公议。至于《古兰经》,安拉(SWT)说:

Just as Allah (swt) legislated marriage He also legislated divorce. The basis of its legitimacy is the Kitab, Sunnah and Ijma’a. As for the Kitab, Allah (swt) said:

“离婚可以两次，之后，要么依照合理的方式（bilmaroof）挽留她，要么好言将她释放。”［黄牛章：229］至于圣行，有传述：欧麦尔·本·赫塔卜传述，先知ﷺ曾与哈芙赛离婚，之后又将她复婚。另有传述：阿卜杜拉·本·欧麦尔说：“我有一位妻子，我very爱她，但我父亲不喜欢她，便命令我与她离婚。我拒绝了。”他便将此事告诉了先知ﷺ。先知ﷺ说：“阿卜杜拉·本·欧麦尔啊，你休了你的妻子吧。”圣门弟子们一致公认离婚是合法的。

“The divorce is twice, after that, either you retain her on reasonable terms (bilmaroof) or release her with kindness” [Al- Baqarah: 229] As for the Sunnah it has been narrated on the authority of Umar b. al- Khattab that the Prophet (pbuh) divorced Hafsa then took her back. And it was narrated on the authority of Abdullah b. Umar who said: “I had under my charge a wife whom I loved but my father did not like her so He ordered me to divorce her. I refused.” He then mentioned it to the Prophet (pbuh). He (pbuh) said: “O Abdullah b. Umar divorce your wife.” The Sahabah reached an Ijma’a on the legitimacy of divorce.

离婚是对婚姻契约的解除，即解开婚姻之结。离婚的合法性并没有沙里亚（Shari'ah）上的因由（Illah）。允许离婚的经文，无论是《古兰经》的文本还是圣训，都没有包含任何因由（理由）。离婚之所以被允许，只是因为沙里亚允许了它，而非出于其他任何原因。 依照沙里亚的离婚由三次宣告构成，一次接一次进行。如果一个男人休了妻子一次，这便构成一次宣告。在等待期（Iddah）内，他可以不需要新的婚约而收回她（Raj'aa）。如果他第二次休她，第二次宣告便已发生。在这种情况下，丈夫仍可以在等待期内收回她，无需新的婚约。在这两种情况下，等待期届满而他没有收回她，她便对他成为不可撤销的（Bain），这被称为较轻的不可撤销（Baynuna Sughra）。此后他只有通过新的婚约和聘礼才能再娶她。如果他第三次休她，三次宣告便已完成，她对他成为不可撤销的，这被称为较重的不可撤销。此后他不得再娶她，除非她先与另一人结婚，且那人与她圆房，她又完成了对前夫的等待期。安拉（swt）说：

Divorce is an annulment of the contract of marriage i.e., the knot of marriage. The permissibility of divorce has no Shari’ah Illah. The texts which allow it do not include any Illah whether in the text (reason) of the Qur'an or the Hadith. It is allowed because the Shar’a has allowed it and not for any other reason. The Shari’ah divorce consists of three pronouncements, one after another. If a man divorced his wife once then that constitutes one pronouncement. It is allowed for Him to take her back (Raj'aa) during the Iddah (waiting period) without a new contract of marriage. If He divorced her the second time, then the second pronouncement has taken place. It is permitted for the husband to take her back during the Iddah without a new contract. When the Iddah has been completed in those two cases and He has not taken her back then she will become irrevocable (Bain) to Him, this being the lesser irrevocability (Baynuna Sughra). He is not permitted to take her back except with a new contract and dowry. If He divorced her a third time then three pronouncements have taken place, and she will become irrevocable to Him, this being the greater irrevocability. It is not allowed for Him to take her back except after she marries another person and He consummates the marriage with her and she completes her Iddah from Him. Allah (swt) said:

“离婚两次之后，要么按合理的条件挽留她，要么善意地释放她。你们不得拿回你们曾经给予她们的任何聘礼，除非双方都担心无法遵守真主所命定的界限。若你们担心二人无法遵守真主所命定的界限，那么如果她为了离婚而交还（聘礼或其中一部分），二人都无罪。这些是真主所命定的界限，你们不可违越。谁违越真主的界限，谁就是不义者。如果丈夫第三次休了她，那么在她嫁给另一个丈夫之前，她对他就不再合法。若后夫休了她，只要二人认为能够遵守真主所命定的界限，二人重新结合便无罪。这些是真主的界限，他为有知识的人阐明。”[《古兰经》2:229-230] 因此，在这段经文中，真主教导穆斯林如何离婚。先知ﷺ说：“离婚两次。”在教导他们离婚的方式之后，他给了他们选择：或者留住妻子，与她们以善意共同生活，并履行对她们的义务；或者以善良的方式释放她们，这是他们应尽的义务。然后他说：“如果丈夫第三次休了她，那么在她嫁给另一个丈夫之前，她对他就不再合法。”也就是说，如果在前两次之后他第三次休了她，那么在她嫁给另一个丈夫之前，他不得再娶她。然后他说：“若后夫休了她，二人重新结合便无罪。”也就是说，如果另一位丈夫休了她，那么前夫就可以以新的婚约和聘礼把她重新娶回。 主语“他休了她”（He divorced her）的指代，是离它最近的那个提及者，即表达式“另一个丈夫”，也就是第二任丈夫。而“她”（指下文的“s”）的主语则指第一任丈夫。也就是说，双方各自都没有阻碍与对方重新以婚姻结合。因此，丈夫对妻子拥有三次离婚宣告的权力：其中两次允许他将她接回；而第三次则不允许他将她接回，直到她嫁给另一个丈夫为止。

“The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you to take back any of the dowry which you gave them, except when both parties fear that they would be unable to keep the limits ordained by Allah. Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the dowry or a part of it for her Khula (divorce)). These are the limits ordained by Allah, so do not transgress them. Whoever transgresses the limits of Allah, then such are the Zalimin (wrong-doers). And if He has divorced her (the third time), then she is not lawful unto Him thereafter until she has married another husband. Then, if the husband divorced her, it is no sin on either of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the Limits of Allah, which He makes plain for the people who have knowledge” [Al- Baqarah: 229-230] So in the Ayah Allah (swt) has taught the Muslims how to divorce. He (pbuh) said: “The divorce is twice”. Then He gave them the choice after teaching them (the manner of divorce) either to hold onto their wives and live with them honourably and discharge their obligations to them, or release them in a nice way, which is incumbent upon them. Then He (pbuh) said: “And if He has divorced her (the third time), then she is not lawful to Him thereafter until she has married another husband”; i.e. if He divorced her a third time after the two previous times, it is not allowed for Him to marry her until after she had married another husband. Then He said: “Then, if the husband divorced her, it is no sin on either of them that they reunite”; i.e. if the other husband divorced her, then, it will be allowed for the first husband to take her back with a new contract and dowry. The subject of the second word 'He divorced her' refers to the closest person mentioned which is the expression: 'another husband'. i.e. the second husband. And the subject of s refers to the first husband i.e. there is nothing to prevent each of them from returning back to his/her companion by marriage. Therefore, the man has the authority of three pronouncements of divorce over the woman, two of which allow Him to take her back and the third of which does not allow Him to take her back until she has married another husband.

离婚的决定权在男人手中而不在女人手中;因此只有男人拥有离婚的权力,女人并不拥有这项权力。至于男人为何拥有这项权力,是因为安拉(SWT)将它置于他的手中。在沙里尔(Shar'a)中找不到对此的理由。因此,不应为之寻求拉因(Illa)。事实上,若思考婚姻与离婚的现实,便可发现婚姻是新的婚姻生活的开始,男女双方共同合作,各自选择自己希望与之结为配偶的人。每个人都有权与其想要的人结婚或拒绝结婚。然而,婚姻一经缔结,男人便被赋予家庭的领导权,并被授予对女人的监护权。因此,离婚也必然是男人的特权或权利,因为他是家庭的首领和户主。全部责任和家中的各项职责都落在他身上。所以,只有他应当有权解开婚姻的结。权力与责任相称,夫妻之间的分离掌握在对另一方拥有监护权的一方手中。然而,这只是对既存现实的描述,而非沙里尔律例的理由,因为沙里尔律例的拉因,不允许是沙里尔文本中所载之外的其他东西。

Divorce is in the hands of the man rather than the woman; so the man alone has the power to divorce, a power she does not have. As for why the man has that power, this is because Allah (swt) has put it in his hands. No reasoning can be found for it in the Shar’a. Accordingly no reason (Illa) should be sought for it. Indeed, reflecting on the reality of marriage and divorce, one notices that marriage is the beginning of a new marital life, where the man and the woman cooperate in choosing each other as the spouse whom they respectively wish to marry. Each one has the right to marry or to refuse marriage with whomever he/she wants. However, once the marriage actually takes place, the man is given the leadership of the family and He is given guardianship over the woman. It is then inevitable that divorce too be the prerogative of the man, or his right, because He is the chief of the family and head of the household. The sole responsibility and the duties of the house have been placed on Him. Therefore only He should have the authority to untie the knot of marriage. The authority is commensurate with the responsibility, and separation between the spouses is in the hands of the one who has guardianship over the other. However, this is a description of the existing reality and not a reasoning for the Shar’a rule, because the Illa of the Hukm Shar'i is not allowed to be other than a Shari’ah Illa found in the Shar’a text.

然而,离婚权在丈夫手中,并不意味着妻子不能与丈夫离婚,或促成她与丈夫的分离。事实上,丈夫原本就无可争议地拥有这一权力,不受任何情况的限制。他甚至有权在没有理由的情况下与妻子离婚。然而,在伊斯兰教法(Shar'a)所规定的特殊情况下,妻子也有权与丈夫离婚,促成自己与丈夫的分离。伊斯兰教法允许妻子在以下几种情况下解除婚约:

Nonetheless, divorce being in the hands of the man does not mean that the woman cannot divorce herself or bring about a separation between her and her husband. Indeed he, originally and unequivocally, has the sole authority without being restricted by any situation. In fact, He has the right to divorce her even without a reason. However, the wife has the right to divorce herself from Him and bring about separation between herself and her husband in special cases as stated by the Shar’a. The Shar’a has permitted the wife to annul the contract of marriage in the following cases:

1. 如果丈夫将离婚的事交由妻子自主决定，在这种情况下，她有权依照丈夫授权她的内容与丈夫离婚。因此，她可以说："我与我的丈夫某某离婚"，或者对丈夫说："我与你离婚。"她不应说"我休了你"或"你已被休"，因为离婚是落在妻子身上的，而不是丈夫身上，即使离婚是由妻子提出的。丈夫将离婚的事交由妻子决定是被允许的，因为先知ﷺ曾让他的妻子们自行选择（留在他身边或离开），此外，圣门弟子在这一点上也有公议（伊জ玛尔）。

1. If the husband puts the issue of divorce under her authority. In this case she has the right to divorce herself from Him according to what He Himself has authorised her with. So she should say: I divorce myself from my husband such and such person or address Him saying: I divorce myself from you. She should not say I divorce you or you are divorced because divorce occurs on the woman and not the man, even if the divorce came from the woman. It is permitted for the husband to leave the issue of divorce to the wife because the Messenger (pbuh) gave his wives the choice (to remain as his wives or not) and also due to the Ijma’a of the Sahabah on this matter.

2. 如果妻子得知丈夫有某种妨碍性交的缺陷，例如阳痿或被阉割，而她自己没有此类缺陷，在这种情况下，她有权请求解除与他的婚姻。若法官确认了这一缺陷的存在，则会将此事推迟一年；如果他在此期间仍无法与她性交，她的请求便会得到允许，婚姻随之解除。据传，伊本·孟济尔曾在被阉割的情况下娶了一位妇女。欧麦尔对他说："你告诉她了吗？"他说："没有。"欧麦尔说："告诉她，并让她有选择的权利（可以请求离婚）。"还有记载说，欧麦尔为阳痿者设定了一年的期限。如果妻子发现丈夫的阴茎被割断或瘫痪，那么她的选择权立即生效，不必再等待，因为性交已无希望，等待也毫无意义。

2. If she learns of a defect in the husband which prevents intercourse, such as impotence or castration, and she is free from such defects herself. In such a situation, she has the right to request the annulment of her marriage to Him. If the judge confirmed the existence of this defect, He would delay the issue for a year, and if He was still unable to have intercourse with her then her request would be answered and the marriage would be annulled. It has been reported that Ibn Mundhir married a women while being castrated. Umar said to Him: “Have you informed her?” He said: “No.” He (Umar) said: “Tell her and give her the choice (to ask for divorce).” And it has been narrated that Umar delayed the impotent for one year. If the wife finds that her husband's penis is cut or paralysed then her choice is given at once. No delay would be imposed on her because sexual intercourse is hopeless and there is no point in waiting.

3. 如果妻子在性交之前或之后发现丈夫患有某种疾病，这种疾病使她无法在不担心受到伤害的情况下与他同住，例如麻风病、痔疮、梅毒或肺结核，她可以向法官申诉，要求与丈夫离婚。若该疾病的存在得到证实，且在规定的时间内没有治愈的可能，法官会支持她的请求。她的选择是永久性的，而非暂时性的。这是依据《穆宛塔》中马立克所传的以下记载：赛义德·本·穆萨耶卜说：“如果一个男子娶了一个女子，而他患有精神病或身体有缺陷，她有选择的权利。如果她愿意，可以留下；如果她愿意，可以与他分开。” 4. 如果丈夫在婚姻缔结之后精神失常，妻子有权向法官申诉，要求与他分开。法官会将离婚推迟一年。如果在这一期间他的精神病未愈，而妻子坚持请求，法官则会判决离婚。这也是依据上述《穆宛塔》的圣训。

3. If it became apparent to the wife before or after intercourse that the husband had a certain disease that does not permit her to reside with Him without fear of harm, such as leprosy, burs, syphilis or tuberculosis, she can refer to the judge and demand separation between her and her husband. Her request would be answered if the existence of this illness was established and there was no possibility of a cure within a specified period of time. Her choice is permanent and not temporary. That is due to what has been mentioned in the Muwatta on the authority of Malik that Said ibn al- Musayyab said: “If a man married a woman, and He was insane or had a physical defect, she has the right of choice. If she wished she could stay, and if she wished she could separate from Him.” 4. If the husband became mentally insane after the contract of marriage the wife has the right to refer to the judge and demand separation from Him. The judge would delay the separation for the period of a year. If his insanity did not cease in this period and the wife was insistent, then the judge would give a verdict of separation. This is according to the aforementioned Hadith of Muwatta.

5. 如果丈夫外出到远方或近处，且未能返回，他的消息中断，她也无法获得抚养费，在这种情况下，她在尽力寻找他并打听他的下落之后，有权要求与他解除婚姻关系。这是因为先知ﷺ所说的（关于一位对丈夫说的妻子的话）：“给我吃的，否则就与我离婚。”他将无法供养作为离婚的理由。

5. If the husband travelled to a place either distant or close, and failed to return, and reports of Him cease and obtaining maintenance became impossible. In such circumstances she has the right to demand separation from Him after trying her best to search for Him and making inquiries about Him. That is due to the saying of the Messenger (pbuh) (about the wife who said to her husband) “Give me (something) to eat or divorce me.” He made the absence of feeding the Illa of divorce.

6. 如果丈夫停止供养妻子,而他却很富有,并且妻子无论以任何方式都无法取得他的财产以用于供养,那么她有权要求离婚,法官有义务立即、毫不迟延地判其与丈夫离婚。这是因为先知ﷺ说:“你所供养的妻子应当说:给我吃的,或者与我离婚。”又因为欧麦尔(愿真主喜悦他)曾致信那些长期离开妻子的人,命令他们要么供养妻子,要么与她们离婚。圣门弟子知晓此事,也没有违背他的决定。因此,这表明了伊占玛尔(公议)。

6. If the husband stopped maintaining his wife and He is wealthy, and it became impossible for her to reach his wealth for the purpose of maintenance in any way whatsoever, then she has the right to demand divorce and the judge is obliged to divorce her from Him at once without delay. This is because the Messenger (pbuh) said: “Your wife whom you support should say: give me (something) to eat or divorce me.” And because Umar (ra) wrote to those who were absent from their wives and ordered them to give them their maintenance or divorce them. The Sahabah knew this and they did not go against his decision. Thus it indicates Ijma’a (consensus).

7. 如果夫妻之间发生争端和冲突，在这种情况下，妻子有权要求离婚。法官随后有义务从妻子的家族中指定一名仲裁人，并从丈夫的家族中指定一名仲裁人。这个家族仲裁会将听取双方的申诉，并竭尽全力促成和解。如果双方无法和解，那么该仲裁会根据其调查结果，以其认为合适的方式将二人分开。主（圣洁，至高无上）说：

7. If dispute and conflict appeared between the spouses. In this case she has the right to demand separation. The judge is then obliged to appoint an arbitrator from the wife's family and an arbitrator from the family of the husband. This family assembly will listen to the complaints of both parties and do its outmost to bring a reconciliation. If a reconciliation between them was not possible, then the assembly would separate them from each other in the manner that it sees fit, according to the findings of its investigation. He (swt) said:

“如果你们担心夫妻之间发生破裂，就派一位仲裁者出自男方家属，一位出自女方家属；如果双方都希望和解，安拉必使他们和睦。”[《妇女章》：35] 因此，正是在这些情况下，伊斯兰教法赋予妇女在第一种情况下自行离婚的权利，并在其余情况下赋予她请求与丈夫离异的权利。这些情况的实际状况表明，伊斯兰教法将妇女视为丈夫在婚姻生活中的伴侣。家中发生的任何困扰和引起厌恶的原因，都会像影响丈夫一样影响她。因此，伊斯兰教法必须确保她能够通过解除婚姻的契约，摆脱家中的痛苦。因此，伊斯兰教法没有抛弃她，也没有在和睦的婚姻生活已变得不可能时强迫她继续与丈夫生活。所以，伊斯兰教法允许她在导致无法维持体面或安宁生活的情况下解除婚约。

“If you fear a breach between them appoint arbitrators, one from his family and the other from hers; if they both wish for peace, Allah will cause their reconciliation” [An- Nisa: 35] So, it is in these situations that the Shar’a has granted the woman the right to divorce herself in the first case, and the right to request separation between her and her husband in the remaining cases. The reality of these cases, shows that the Shar’a has looked upon the woman as a companion of the husband in marital life. Any distress and cause for aversion which takes place in the house, affects her just as it affects the husband. Therefore it became necessary that the Shar’a would ensure that she can free herself from the misery that takes place in the house by untying the knot of marriage. Therefore, the Shar’a did not abandon her, nor did it force her to remain with a husband when a peaceful marital life has become impossible. So the Shar’a has permitted her to annul the contract of marriage in situations which lead to the impossibility of an honourable or tranquil life.

由此可见,真主(SWT)将休妻之权交给男子,是因为他是女子的监护人,并且对家庭负有责任。真主(SWT)也赋予女子解除婚约的权利,使她不至于在婚姻中承受痛苦,也使这个本应是安宁与稳定之所的家庭,不至于变成痛苦与焦虑之地。

In this way, it becomes clear that Allah (swt) has placed divorce in the hands of the man because He is the guardian over the woman and He is responsible for the house. He (swt) has also given the woman the right to annul the marriage so that she does not suffer misery in her marriage, and that the house, which is a place of tranquillity and stability, does not become a place of misery and anxiety.

关于离婚合法性的“伊莱”（理由），我们已经指出，沙里尔（立法者）的经文并未给离婚指定一个伊莱，因此离婚并无伊莱。然而，我们可以阐明离婚立法的实际情况，以及经文提及离婚有效性的方式，及其所涉及的内容。婚姻的实质表明，它是为了建立家庭，并为这个家庭带来安宁。如果婚姻生活中发生了任何威胁这种安宁的事情，以致夫妻双方已无法维持婚姻生活，那么就必须有一条途径让夫妻双方彼此分开。不允许强迫他们维持这一双方或其中一方都厌恶的关系。因此，真主（SWT）立法了离婚。祂（SWT）说：

As for the Illa (reason) re the legality of divorce, we have stated that the Shar’a texts do not give an Illa for divorce, so it has no Illa. However, it is possible to clarify the reality of the legislation of divorce and the manner in which its validity has been mentioned in relation to marriage and what it entails. The reality of marriage indicates that it exists for the creation of the family and to provide tranquillity for this family. If anything happens in this marital life which threatens this tranquillity and the situation reaches a point where it becomes impossible to lead a married life, then there must be a way by which the spouses can separate from each other. It is not allowed to compel them to maintain this bond which is hated by both or by one of them. Thus Allah (swt) has legislated divorce. He (swt) says:

"离婚可以两次，此后，或者以合理的条件挽留她，或者善意地放她离去"[《古兰经》2:229]。这样做是为了不让苦难在家中持续下去，也为了使夫妻之间能够保持婚姻的安宁。如果由于二人不合，或因某种事情发生而扰乱了共同生活，以致二人之间无法建立安宁，那么应当给予each一方机会，与另一个伴侣寻求婚姻的安宁。然而，伊斯兰并没有把仅仅存在的不满和厌恶作为离婚的理由。相反，它命令夫妻以体面的方式共同生活，并鼓励他们忍受厌恶，因为其中或许蕴含着某种益处。安拉（SWT）说：

“The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness” [Al- Baqarah: 229] In order that misery does not continue in the house and so that marital tranquillity may exist between couples. If it becomes impossible to establish tranquillity between the two, due to their incompatibility or because of something which befell them causing disorder in their life together, then each should be given the opportunity to find marital tranquillity with a different partner. However, Islam did not make the mere existence of discontent and aversion a reason for divorce. Rather it ordered the spouses to live together honourably, and encouraged them to bear the aversion because there may be some good in it. He (swt) said:

“你们要善待她们。如果你们厌恶她们，那么或许你们厌恶的事物，真主却使其中蕴藏着许多益处。”[《妇女章》：19] 真主（SWT）命令丈夫们采取一些方法，以减轻妻子悖逆时所引发的怒火。于是真主（SWT）说：

“And live with them honourably (Bilmaroof). If you dislike them, it may be that you dislike a thing and Allah brings through it a great deal of good” [An- Nisa: 19] He (swt) ordered the men to use means by which they can lighten the fury of the woman's disobedience. So He (swt) said:

“至于那些你们看到她们有不良行为的妇女，你们应当劝诫她们（首先），（其次）与她们分床而睡，（最后）轻轻地打她们；但如果她们顺从了，你们就不要再想办法为难她们。”[《妇女章》：34] 据此，伊斯兰教法命令采取一切温和与非温和的手段来解决夫妻之间出现的问题，以寻求有助于他们避免离婚的解决办法。即使共同生活已不再体面，其他严厉的手段也无济于事，事情已超出厌恶、叛逆和不顺从的程度，发展为夫妻之间的争端和决裂，伊斯兰教也没有把离婚作为第二步，尽管双方的危机十分严重。相反，它命令将此事交由夫妻双方以外的家族中的人士处理，以便他们尽力促成双方和解。所以安拉（至圣）说：

“As to those women on whose part you see ill-conduct, admonish them (first), (next), separate from them in the beds, (and last) beat them (lightly), but if they return to obedience, seek not against them means (of annoyance)” [An- Nisa: 34] In this manner the Shar’a ordered the taking of all lenient and non-lenient means to solve the problems which occur between spouses in order to find a solution which helps them to avoid divorce. Even when living together is not honourable and other stern means do not help, and the matter has gone beyond dislike, rebellion and disobedience to a state of dispute and breach between them, Islam did not make divorce the second step, despite the intensity of the crisis between them. Rather it ordered that the issue be referred to persons other than the spouses from their families. This is so that they could undertake an attempt to bring about a reconciliation between them. So He (swt) said:

“如果你们惧怕夫妻之间发生破裂，就从男方的家属中派一位仲裁人，从女方的家属中派一位仲裁人；如果他们两人愿意和解，安拉必使他们和睦。安拉确是全知的，彻知万事的。”{绝大多数人都认同：安拉以此为原则。}[安-尼萨：35] 如果这两位仲裁人无法使夫妻和解，那么经过这一切努力之后，夫妻之间就再没有维持婚姻生活的余地了。因为他们之间的问题除了分离之外别无解决之道。在这种情况下，离婚已不可避免，这样他们或许能在另一段婚姻中找到婚姻的安宁，或者问题也可能因离婚而得到解决。安拉（SWT）说：

“If you fear a breach between them appoint arbitrators, one from his family and the other from hers; if they both wish for peace, Allah will cause their reconciliation. Indeed Allah is Ever All-Knowing, Well-Acquainted with all things” [An- Nisa: 35] If these two arbitrators cannot reconcile the two spouses, then there is no room for the marital life to remain between them after all these attempts. For the problem between them has no solution except separation. In this case divorce is inevitable, so they might find marital tranquillity in another marriage or perhaps the problem is solved by the divorce. He (swt) said:

“但如果他们分离，安拉会以他的恩惠使他们每个人都得到丰足。安拉是无所不包的，是至睿的。”[妮萨厄：130]然而，在离婚这件事上，给夫妻留下了复合的余地，使他们之间的分离并非确定不变。他们被赋予了第一次和第二次复婚的权利。第一次和第二次离婚宣告之后，夫妻可能会重返婚姻生活：第一次离婚宣告后可以复合一次，第二次离婚宣告后再复合一次，第三次则不可再复合。因此，我们看到，伊斯兰教法将离婚分为三个阶段：“休妻两次，此后，或者以合理的方式挽留她，或者以善良的方式释放她。”[黄牛：229]如此一来，夫妻双方都有机会挽回对方，回归内心所存的安拉的敬畏。这样，他们便可能再次尝试，重建婚姻生活，获得之前未能得到的婚姻安宁、舒适与心灵的平静。由此可见，伊斯兰允许丈夫在第一次和第二次离婚宣告后挽回妻子。因此，教法规定了一项措施，帮助夫妻彼此挽回，并比以往更认真地重新审视与考虑这件事。伊斯兰将离婚后的待婚期定为三个月经周期，约为三个月，若妇女怀孕，则延续至分娩之时；并规定丈夫在待婚期内有义务为离异的妻子提供生活费并供给住所，禁止丈夫在待婚期未满之前将其赶出家门。其目的在于促成双方和解，为他们留出相互挽回、重新开始安宁生活的机会。 从这一点来看,《古兰经》中已有明确的劝诫。真主(SWT)说:

“But if they separate, Allah will provide abundance for everyone of them from his Bounty. And Allah is Ever All-Sufficient for his creatures needs, All-Wise” [An- Nisa: 130] However, in this issue of divorce an opportunity has been left for the spouses to reunite, in a way that the separation between them is not definite. They have been given the right to go back a first time and a second. The first and second divorce might cause the spouses to return to marital life, for a second time after the first pronouncement of divorce, and for a third time after the second pronouncement of divorce. Therefore, we find that the Shar’a made divorce in three stages: “The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness” [Al- Baqarah: 229]. In this way, each one of the spouses has the opportunity to take the other back and return to the Taqwa of Allah which is entrenched in his/her heart. Thus they may attempt to go back again and try to have a marital life and attain marital tranquillity, and ease or peace of mind which they could not attain before. Consequently, we find that Islam permitted the husband to take back his wife after the first and second pronouncement of divorce. Thus Shar’a has legislated something that will assist the spouses to take each other back and review the matter and re-consider it more earnestly than they had done before. Islam made the period of the Iddah after divorce into three menstrual cycles which is approximately three months or until the time of delivery, (in the case of a pregnant woman) and imposed on the man the duty of providing maintenance to the divorcee and housing her throughout the period of the Iddah, and prohibited the man from expelling the woman that is observing her Iddah until she completes it. This is for the purpose of bringing reconciliation between them and making room for an opportunity by which they can take each other back and resume a new and peaceful life. From this point of view, a clear admonition has been given in the Qur'an. He (swt) said:

“当你们休妻，她们已届满待期，你们或应以善道挽留她们，或应以善道释放她们，不要为了欺负她们而挽留她们，谁这样做，谁确已亏负自己。”[古莱布：231] 如果这些程序没有效果，或者在第一次和第二次宣告离婚后曾有效果，而尽管如此，第三次离婚仍然发生，那么问题就更加根深蒂固、复杂，并且争议更加激烈。回头已无意义，更不必说继续维持婚姻。在这种情况下，彻底分离是不可避免的，并且必须在另一次婚姻结合之后，才能重新与之结合，而不能再次尝试同样的婚姻。正因如此，第三次宣告离婚被定为决定性的一步。安拉（SWT）说：

“And when you have divorced women and they have fulfilled the term of their prescribed period, either retain them on reasonable terms or set them free with kindness. But do not retain them back to hurt them. And whoever does that, then He has wronged Himself” [Al- Baqarah: 231] If these procedures did not have an effect, or it had an affect after the first and second pronouncements of divorce and then the third took place despite all of this, then the issue is more deep rooted, complicated and intensely disputed. There is no point in going back, let alone in continuing the marriage. In this case a complete separation is inevitable and resuming another marital union is necessitated without re-attempting the same marital union, before trying another marital union. That is why the third pronouncement of divorce has been made the decider. He (swt) said:

“以及如果他（第三次）休了她，那么在此之后她对他来说就是不合法的，直到她嫁给另一位丈夫。”[《黄牛章》：230节] 丈夫在第三次离婚后被绝对禁止再次与妻子复合，直到她与另一位丈夫共同生活，且这位丈夫与她圆房。她必须品尝他的甘露，他也品尝她的甘露，即与她发生性行为，从而完整地体验夫妻的结合。如果她自然地与他人建立另一段婚姻，而她在这第二段婚姻中并未找到安宁与内心的平静，并且她与第二任丈夫之间发生了分离，那么她便有可能回到与第一任丈夫的婚姻中，因为她已经经历了与第二任丈夫的婚姻尝试，并对两者进行了比较。此后当她选择回归时，她是带着更清醒的认识而做出的决定。因此，我们看到，立法者允许她在与他人结婚之后，回到那位曾三次休她的第一任丈夫身边。真主（至高无上）说：

“And if He has divorced her (the third time), then she is not lawful unto Him thereafter until she has married another husband” [Al- Baqarah: 230] The husband has been absolutely forbidden to take back his wife after the third divorce until she has lived with another husband other than Him who consummates the marriage with her. She must taste his honey and He tastes hers i.e. to have sexual intercourse with Him, in order to experience the marital union completely. If she tries another marital union with someone else naturally, and she does not find ease and peace of mind in this second marital union and separation takes place between her and the second husband, it is then possible for her to return to marital union with the first husband because she has passed the second attempt of a marital union with the second husband and she has compared between the two. Then when she chooses to return, she does so with a better awareness. Consequently, we find that the Legislator permitted her to return to her first husband who divorced her three times after her marriage to another husband. He (swt) said:

“且若他休了她（第三次休妻），那么在她与另一个丈夫结婚之前，她对他就不再合法了”［《古兰经》2:230］。随后，他（SWT）在同一节经文中紧接着说：“如果后夫也休了她”，即指第二任丈夫，而不是第一任丈夫：“那么两人重新结合，并无罪过”，即指前夫与被第二次休的妇人：“如果他们认为能够遵守真主的法度”，即两人各自再次与对方结为夫妻。

“And if He has divorced her (the third time), then she is not lawful unto Him thereafter until she has married another husband” [Al- Baqarah: 230] Then after that He (swt) immediately said in the same verse: “And if He has divorced her”. i.e. the second husband and not the first: “It is no sin on both of them”. i.e. the first husband and the woman who has been divorced for the second time: “That they reunite”. i.e. each one returns to the other in marriage.

这正是离婚立法的程序所暗示的。由此可见,离婚的立法内容、立法程序以及离婚发生的方式,蕴含着深远的智慧,并且对社会生活有精准的洞察,从而保障家庭生活的安宁与舒适,使人获得平静。如果这种舒适已经丧失,且无望恢复,那么夫妻分开就不可避免。这正是真主(SWT)以我们所阐明的形式制定离婚律法的原因。

This is what the procedure of divorce legislation alludes to. Thus it appears that what is contained in the legislation of divorce, the procedure of its legislation and the manner of its occurrence, has a far-reaching wisdom and an accurate view towards the social life, so as to ensure for it the peaceful comfortable life in a way that imparts tranquillity. If this comfort is lost and there is no hope to restore it, then it is inevitable that the spouses should separate. That is why Allah (swt) has legislated divorce in the form which we have clarified.