In both these kinds of divorce, badiʿ and ḥasan, the divorce is revocable (rajīʿ) after the first and second sentences, but it is irrevocable (bāʾin) after the third sentence. After both ḥasan and badiʿ divorces, the divorced wife cannot, under any circumstances, return to her husband until she has been married, and enjoyed, and divorced by another husband. Muḥammadan doctors say the law has instituted this (somewhat disgraceful) arrangement in order to prevent divorces other than t̤alāqu ʾl-aḥsan.
A husband may divorce his wife without any misbehaviour on her part, or without assigning any cause. The divorce of every husband is effective if he be of a sound understanding and of mature age; but that of a boy, or a lunatic, or one talking in his sleep, is not effective.
If a man pronounce a divorce whilst in a state of inebriety from drinking fermented liquor, such as wine, the divorce takes place. Repudiation by any husband who is sane and adult, is effective, whether he be free or a slave, willing, or acting under compulsion; and even though it were uttered in sport or jest, or by a mere slip of the tongue, instead of some other word. (Fatāwā-i-ʿĀlamgīrī, vol. i. p. 497.)
A sick man may divorce his wife, even though he be on his death-bed.
An agent or agents may be appointed by a husband to divorce his wife.
In addition to the will and caprice of the husband, there are also certain conditions which require a divorce.
The following are causes for divorce, but generally require to be ratified by a decree from the Qāẓī or “judge”:—
(1.) Jubb. That is, when the husband has been by any cause deprived of his organ of generation. This condition is called majbūb. In this case the wife can obtain instant divorce if the defect occurred before marriage. Cases of evident madness and leprosy are treated in the same way. Divorce can be obtained at once.
(2.) ʿUnnah, or “impotence.” (This includes ratq, “vulva impervia cœunti”; and qarn, “vulva anteriore parte enascens.”) In cases of impotency in either husband or wife, a year of probation can be granted by the judge.
(3.) Inequality of race or tribe. A woman cannot be compelled to marry a man who belongs to an inferior tribe, and, in case of such a marriage, the elders of the superior tribe can demand a divorce; but if the divorce is not demanded, the marriage contract remains.