Document Type : Research/Original/Regular

Authors

• Mohammad Reza Kaykha ¹
• Ayoub Shayesteh ²

¹ Associate prof., University of Sistan & Baluchestan,Iran

² University of Sistan & Baluchestan

Abstract

Divorce celebration is an emerging phenomenon that is expanding in today's society, especially in big cities. In addition to being investigated in terms of social and psychological effects, this type of events should also be explored for the Sharia. Especially since the majority of the great authorities of taqlid did not mention its ruling. This research, which was carried out using a descriptive and analytical method, shows that the positive evidence for the permission or negation of this emerging phenomenon has not been analyzed; Therefore, although due to the principle of obscenity, perhaps the permission of such a phenomenon comes to mind; However, due to the importance of this category and the existence of undeniable corruptions and consequences resulting from its promotion, it is necessary; The evidence should be examined. But from the three imagined points of view, permissibility, sanctity, and promises in detail, based on the criticism and examination of the evidences of each, it seems that based on the implication of some evidences such as similarity to the infidels and the rule of negation of the mustache, the verdict of non-permissibility is stronger.

Highlights

Background and Purpose

 The institution of marriage holds significant importance in the Islamic faith, as evidenced by the rigorous guidelines outlined in Shariah texts. The Holy Shariah exhibits a significant dislike towards divorce, to the extent that it is construed as the "most detested halal." The Holy Prophet (PBUH) expressed his disapproval of divorce by stating that there is no permissible action more detested by God (Nouri, 1987: 280). However, in contemporary society, some individuals engage in a ceremony known as a divorce celebration, during which they express their joy regarding the dissolution of a marriage. A divorce celebration is a ceremonial event that signifies the termination of the marital union and denotes the individual's (or individuals') status as single. The performance of this ceremony may vary, as it can be executed in multiple ways. It is possible for either one or both sides of the couple to be in attendance. This event features divorce cakes, caskets for wedding rings, and broken rings. The aforementioned ritual gained widespread popularity in Western societies, particularly in the United States of America. The initial announcement regarding the organization of this ceremony in Iran was disseminated in the year 2008 AH. Several officials, sociologists, and Honorable Sources of Emulation have voiced their stance and apprehension regarding the negative consequences of this matter.

Despite the passage of over a decade since the emergence of this phenomenon, there has not been a comprehensive and scholarly investigation into its Shariah ruling, prohibition, or legitimacy. The majority of reports within this field typically involve presenting the issue in various formats or conducting an inquiry into its outcomes and potential negative ramifications. Hence, it is imperative to conduct research in the jurisprudential realm and elucidate the ruling of the Holy Sharia concerning the aforementioned matter, taking into account the nature of the action and its impact on both the individual and society. Thus, the present study addresses whether the observance of such celebrations aligns with the prevailing principles of Islamic jurisprudence. Is it feasible to determine its admissibility by invoking certain principles, such as the principle of immortality? And if this celebration is Haram, what supporting evidence, documentation, and arguments form the foundation of this ruling? Ultimately, In the event that this act is established as being Haram and its occurrence results in disruptions to public order and social issues, would it be imperative to incorporate this matter within the legal framework and depend on legal and penal safeguards to forestall and forbid it?

Method

The present study is characterized as a descriptive-analytical investigation, which aims to examine the phenomenon of divorce celebration, an emerging trend. The study seeks to provide a detailed account of the conditions and consequences associated with this practice while also analyzing relevant jurisprudential evidence in order to arrive at a ruling on its permissibility.

Findings

Given that the celebration of divorce is a novel topic that has yet to be addressed in jurisprudence literature, it is possible to identify three potential perspectives on the jurisprudence of such an event. A comprehensive analysis of all potential outcomes is necessary to fully explore this matter.

1. The authorization of divorce celebration under Shari'a law.
2. The prohibition of celebrating a divorce.
3. The texts pertaining to the specifics of jurisprudence governing the divorce ritual.

The precise technical calculation of the ruling that divorce celebration is considered Haram holds significant importance. The absence of clarity in this regard may further intensify doubts and suspicions regarding its permissibility. Nonetheless, the observance of said celebration appears impermissible because of the prohibition against Resemblance to Unbelievers and the principle of Nafi-Sabil (Fāḍil al-Miqdād, 1991:44). Additionally, the Proportion of Ordinance and Subject is deemed impermissible. Resemblance to Unbelievers is the main reason for the prohibition (Makaram Shirazi, 2013: 379), as it is clearly implied by the hadiths in this context that it is not permissible to resemble unbelievers in customs.

The excellent hadith of Imam Sadiq (peace be upon him), which was quoted before, provides the best justification since the statement " لاَ تَسْلُکُوا مَسَالِکَ أَعْدَائِی " (Refrain from following the paths of my enemies.) implies a prohibition, and the prohibition implies being forbidden.  And famous Usulies believe that the structure of prohibition implies being Haram (Khū'ī: 86). Therefore, there is no question that the divorce celebration is one of the obvious examples of Resemblance to Unbelievers in customs, and according to the clear narration, it is not permitted, particularly if the risks and harms to people and society are added to its evidence (Mellati et al., 1400: 135). According to this opinion, the three pieces of evidence—the narrations of resemblance, the implication of the Nafi-Sabil principle (Mousavi Bojnouardi, 1998: 187), and the proportion of ordinance and subject—are sufficient to demonstrate the ruling of being Haram even though the implication of some of the evidence (the first three reasons) is not absolute.

The prevailing media environment, accompanied by the release of films and photographs depicting the post-divorce celebration of couples, has been observed to have a detrimental impact on society. This is due to the fact that such depictions tend to portray divorce in a positive light, thereby instilling the notion among young people that it represents an end to the marital relationship while maintaining a friendly connection with one's former partner. By celebrating and destigmatizing divorce, the anti-value gradually becomes a value, which reduces people's motivation to get married and establish a family and encourages them to form friendships outside the Sharia. Additionally, statistical data indicates a rising trend of divorce in Iran. It is noteworthy that divorce is deemed unacceptable in religious teachings and runs counter to the moral principles upheld by Iranian society. According to Chaboki (2012: 160), certain scholars posit that globalization has altered the significance of traditional values that promote the preservation and stability of families, thereby contributing to a shift in societal attitudes towards divorce.

Discussion and Conclusion

The jurisprudential ruling regarding permitting divorce based on the aforementioned evidence, in reference to the principle of permissibility and other cited principles in the absence of evidence, is deemed incorrect. The validity of citing such principles is contingent upon the absence of legal evidence and is only permissible within the temporal confines of Adam al-Dalīl (absence of evidence). The conclusive evidence indicating the prohibition of the subject matter leaves no ambiguity. The acquittal principle (Birraah), which has been cited in this context to seek permission, is open to questioning. The evidence can only be cited in cases of uncertainty, following careful examination and despair of proof, since the superiority of Ijtihad evidence over jurisprudential evidence, including the acquittal principle, is apparent. Therefore, based on the evidence of the prohibition of resembling unbelievers and the negation of domination rule (Nafy-e-Sabil), as well as the proportion of ordinance and subject, it can be concluded that the principles and rules that suggest permissibility are not applicable. Consequently, the act of conducting a divorce ceremony is deemed impermissible and is regarded as a punishable crime owing to its detrimental consequences. The arguments presented in support of Qawl bi al-fasl appear to serve the purpose of rationalizing, legitimizing, and imbuing this act with a religious dimension. However, the same criticisms leveled against the arguments for permissibility apply to these justifications as well. Hence, there is no Islamic justification for legitimizing this celebration.

Keywords

• Divorce celebration
• kingship
• abaha
• resemblance to infidels
• psychological

20.1001.1.23452692.1402.11.2.4.2

Main Subjects

• women law
• divorce