Innovative divorce:A comparative study

Divorce is one of the most significant issues related to family life, and it is regulated in Islamic law through the Qur’an, the Sunnah, and scholarly consensus. Its primary purpose is to provide a lawful solution for marital difficulties that may arise between spouses. However, some husbands misuse this right, pronouncing divorce without its intended aim and in ways that contradict the guidance of Prophet Muhammad (peace and blessings be upon him). This practice, known as Innovative divorce (ṭalāq bidʿī), includes pronouncing triple divorce in a single statement, divorcing during menstruation, during a state of purity following intimacy, or during the wife’s waiting period (ʿiddah), whether revocable or irrevocable. Jurists have disagreed on the ruling of such divorces: some considered them effective but sinful, while others deemed them invalid. Legislations have also differed in their stance; for instance, Iraqi law has not fully adopted these rulings, which has had a clear impact on the stability of family and social life.