What are the classifications of divorce regarding legal ruling?
General Chapter
Al-Mughni
Book of Divorce
Primary text
Divorce is classified into five types. It is obligatory when a man who has sworn *Ila'* (abstention from intercourse) refuses to reconcile after the stipulated period, or when arbitrators rule for it in cases of severe marital discord (*Shiaq*) if they deem it necessary. It is discouraged (*Makruh*) when it occurs without a necessary reason. It is permissible (*Mubah*) when necessitated by the wife's bad temper, poor conduct, or harm inflicted upon the husband without achieving the objective of the marriage. It is recommended (*Mandub*) when the wife neglects obligatory duties to Allah, such as prayer, and the husband cannot compel her, or if the wife is not chaste. In the case of a non-chaste wife, Imam Ahmad stated that the husband should not retain her due to the potential harm to his religious practice and the risk of her introducing illegitimate offspring. It may be obligatory in this context or in cases where the wife seeks *Khul'* (redemption) to escape harm.
Supporting text
Some scholars hold that divorce without necessity is forbidden (*Haram*) because it constitutes harm to oneself and the wife, eliminating existing benefits without cause, akin to destroying wealth, based on the principle: 'There should be no inflicting harm nor reciprocating harm.' Conversely, the view exists that it is merely disliked (*Makruh*) because the Prophet (peace be upon him) called it the 'most detestable of lawful things,' yet it remains lawful, and it nullifies a marriage that encompasses recommended benefits.