This entry belongs to the Shahrur Glossary. For Shahrur, divorce is not understood as an arbitrary verbal pronouncement in the hands of the man alone, but as an organized process within the family, with stages, rights, and safeguards.
Meaning in Shahrur’s Thought
Divorce is a mutual right between the spouses, and it follows attempts at reconciliation and arbitration when the continuation of the relationship becomes impossible. He therefore links it to separation, discord, domestic dwelling, and material rights, rather than to a mere phrase that immediately terminates the contract.
Distinctions
- It differs from separation: separation is the end of the relationship after reconciliation has proven impossible, whereas divorce denotes the legal regulation of this separation.
- It differs from an absolute male privilege, because for Shahrur it is a right regulated for both parties.
- It is inseparable from dwelling, maintenance, the waiting period, and witnesses, because divorce is a structure of rights, not a mere utterance.