الطلاق بين الفقه الإسلامي والقانون الدنماركي: دراسة مقارنة [Divorce between Islamic Jurisprudence and Danish Law: A Comparative Study]

Abstract

Divorce is one of the most important legal and Sharīʿah-based institutions regulating marital relations when continuation becomes impossible. Islamic law provides a comprehensive system governing divorce as an exceptional solution resorted to in cases of necessity, aiming to remove harm and protect the family. In contrast, Danish law regulates divorce as a civil procedure intended to safeguard the individual freedom of both parties and secure the rights resulting from the dissolution of marriage. The study shows points of convergence between Islamic jurisprudence and Danish law, particularly in recognizing the principle of terminating marriage when cohabitation becomes unbearable, and in protecting the rights of women and children after divorce. However, divergence is evident in their legal foundations and procedures: Islamic law treats divorce as a unilateral legal act effective upon pronouncement—explicitly or implicitly with intent—whereas Danish law requires formal procedures and a separation period before granting divorce. Moreover, Islamic law differentiates between revocable, irrevocable, Sunni, and innovative divorces, while Danish law does not. The study concludes that the differences arise primarily from divergent intellectual and religious references: Islamic jurisprudence is rooted in revealed texts and higher Sharīʿah objectives, while Danish law is based on legal positivism and individual rights. Nonetheless, the comparison reveals common ground that may inform modern legislation, ensure family protection, reduce arbitrary divorce, and enhance women’s status in society. The research employs the inductive method to trace Sharīʿah texts and juristic opinions, and the comparative method to contrast these with the Danish legal framework, highlighting areas of similarity, difference, and potential benefit.