Divorce in Shi≠ism
Shì≠ìlaws on divorce treat women more favor-
ably than their Sunnìcounterparts. This is because
the Shì≠ìs do not accept the triple †alàq that the
Sunnìs adopted as a valid form of divorce. The
Shì≠ìs dismiss the triple †alàq as an innovation that
was introduced by ≠Umar. Shì≠ìrejection of this
form of divorce is favorable to women since the
triple †alàq allows the husband the right to unilat-
erally pronounce the divorce in one meeting. The
†alàq bars any further contact between the couple
until she is married to another person and termi-
nates the second marriage after consummating it.
Shì≠ìlaw is also stricter than Sunnìlaw with
regard to divorce. It considers as invalid any repu-
diation during a menstrual period, or when the
woman is pure but cohabitation has taken place
since her last period. In addition, Shì≠ìlaw also
requires the presence of two male Muslim wit-
nesses during the divorce and allows the man to
take back his wife during the waiting period (≠idda).
Even after the waiting period ends, the couple can
get back together by solemnizing a second marriage.
According to Sunnìlaw, any word indicating
repudiation may be used and witnesses are not
required for its validity. Shì≠ìlaw confines the hus-
band’s power of repudiation to defined limits. It
insists on a specific formula and a correct pro-
nouncement of †alàqis necessary. It is required that
the husband states, “You are divorced” or “She is
divorced,” so that the words recited indicate a clear
and unambiguous intention to dissolve the mar-
riage. Any divorce undertaken under duress, in
anger, or in jest is not deemed to be valid. The net
result of the stricter conditions and the rejection of
the triple †alàq has been a lower divorce rate in
many Shì≠ìcountries.
Since divorce proceedings are normally initiated
by the husband, women’s rights to seek divorce are
more circumscribed. Shì≠ìlaw allows a woman to
seek divorce under the khul≠(at the instigation of
the wife) form of divorce. Khul≠can be finalized
with the husband’s consent. For it to be valid, the
wife has to petition for divorce and is also required
to offer some form of compensation to the husband
(such as the return of the mahr). Khul≠operates as
a single, irrevocable divorce with an ≠iddaincum-
bent on the wife.
The wife can also nullify the marriage under cer-
tain circumstances without obtaining a formal
divorce. Nullification is possible if the husband has
no sexual organ, is impotent or insane, or if he has
leprosy or leucoderma.
The wife can also obtain divorce if the husband
is missing. The ruling on a missing husband is con-448 law: other schools of family law
tingent on his financial state. If he has assets from
which the wife can be maintained then it is not per-
missible for her to remarry under any circumstance
until she is certain of his death or of his divorcing
her. If he does not have enough assets to maintain
her then she can obtain a divorce through the judi-
cial process.
Like the ruling of the Màlikìschool, the Shì≠ì
position is favorable to women in this instance. The
judge is required to order a four-year waiting period
during which time he will initiate a search for the
husband. At the end of the period, the judge will
pronounce the divorce by using the authority
granted to him as the deputed agent of the occult
imam. After this divorce the wife will observe an
≠idda for four months and ten days, after which she
may remarry.Inheritance laws
The Qur±àn changed aspects of tribal laws that
were considered unjust. In pre-Islamic Arabia,
women were not accorded rights of inheritance.
The Qur±àn ameliorated this situation by allocating
certain inheritance shares to women who were now
to be counted as heirs of the deceased.
The Shì≠ìs refused to recognize any customary
law that was not explicitly endorsed by the Qur±àn.
Since the Qur±àn does not recognize the pre-
eminence of the male agnate relatives, the Shì≠ìlaw
of inheritance rejects the privileged position that
Sunnìinheritance rules accord to male blood rela-
tives, the agnates (or ≠asaba) of the deceased. Due to
this, the Shì≠ìlaw of inheritance is more favorable to
women. Shì≠ìlaw states that, regardless of their gen-
der, the closest relatives (qaràba) will inherit after
the division of Qur±ànic shares. This is in contrast
to Sunnìlaw, which accords distant agnates the
remains of the shares after the distribution to heirs
that is stipulated by the Qur±àn. The Shì≠ìs quote
Ja≠far al-Íàdiq as saying, “Dust in the jaws of the
≠asaba” to justify this exclusion.
The ramifications of the Shì≠ìposition on female
heirs in inheritance become evident from the fact
that under Sunnìlaw, a single surviving daughter
was limited to a maximum of half of the inheritance
no matter how distant the next eligible male-line
relative was. By excluding the agnates, Shì≠ìlaw
gave the same daughter the whole inheritance. The
inclusion of distant male relatives indicates that the
Sunnìs uphold the concept of the extended family,
whereas by giving more rights to parents and lineal
descendants Shì≠ìlaw stresses the nuclear family.
Shì≠ìinheritance laws also stipulate different lay-
ers or tiers of inheritance. These are: the lineal
descendants and parents of the deceased; brothers