A Critical Comparison between the Classical Divorce Types of Ḥanbalī and Ja‘farī Schools

Islamic law seeks the harmonious continuation of families and family structure, setting out detailed principles life in main sources sharī‘a, Qur‘an Sunna. That said, termination marriage is considered an acceptable solution by jurists, if spouses do not fulfil their obligations toward each other due to inharmonious relationship or existing dissention where there no hope reconciliation. This paper compare types divorce within Ḥanbalī Ja‘farī schools order shed light on classical period practices methodologies these two schools. Successful divorces are categorised into wājib, mubāh, makrūh, ḥaram according legal validity. In addition this, also divided four which extend from implementation procedural methods; ṭalāq, khulʿ, ṭāliq tafwīḍ, tafrīq. The research aims unilateral right man (ṭalāq), woman-initiated (khulʿ), conditional (ṭāliq tafwīḍ) judicial (tafrīq) focusing opinions authoritative scholars. Applying textual comparative methodology perceptual analysis, study uncover existent connection between different when scholars address any problems issues related practice. Although both use sources, similarity rulings prevail over differences fact that marital concerning mainly solved with (aslī) rather than secondary (fer‘ī). research, therefore, lights similarities clarify regarding interpretation sources. At same time, identify convergences divergences Comparative analysis intents offer a broad perspective explore contemporary Muslim countries whose citizens followers Instead making general comparison Sunnī Shi‘ī traditions, school forms basis Saudi jurisprudence Iranian jurisprudence. brings influence upon modern jurisprudences Arabia Iran.