This entry belongs to Shahrur’s glossary. Divorce, in Shahrur’s view, is not to be read as an arbitrary verbal act carried out by the man alone, but as a regulated process within the family, with stages, rights, and safeguards.
Meaning according to Shahrur
Divorce is a mutual right between the spouses, and it comes after attempts at reconciliation and arbitration when the relationship can no longer continue. For this reason, it is associated for him with separation, discord, dwelling, and financial rights, not merely with a phrase that ends the contract immediately.
Differences
- It differs from separation; separation is the end of the relationship after reconciliation has become impossible, whereas divorce refers to the legislative organization of this separation.
- It differs from absolute male privilege, because for Shahrur it is a regulated right for both parties.
- It is not detached from dwelling, maintenance, waiting period, and witnesses, because divorce is a structure of rights, not a mere utterance.