The Conditionality of Witnessing (Ishhād) in Divorce : A Comparative Analysis of Imamiyyah and Ahl al-Sunnah Juristic-Interpretive Differences

Articles in Press

Document Type : Original Article

Authors

Meissam Shoaib ¹

Mahmud Akbari, ²

¹ PhD student, Department of Jurisprudence and Fundamentals of Islamic Law, Faculty of Theology and Islamic Studies, Ferdowsi University of Mashhad, Mashhad, Iran

² Assistant Professor, Department of Law, Faculty of Islamic Sciences, Ayatollah Boroujerdi University, Boroujerd, Iran

10.22067/jfiqh.2025.93007.1948

Abstract

Verse 2 of Surah Al-Ṭalāq, commanding witnessing by two just witnesses, is a key legal verse in family jurisprudence, sparking fundamental differences between Imamiyyah and Ahl al-Sunnah. This study, using a descriptive-analytical approach, investigates whether witnessing is a condition for the validity of divorce and revocation. Imamiyyah jurisprudence, relying on the verse’s apparent meaning, the Surah’s context on proper divorce procedures, and narrations from the Ahl al-Bayt, deems witnessing obligatory and essential for divorce’s validity, but strongly recommended for revocation to ease reconciliation. Conversely, Ahl al-Sunnah, drawing on textual proximity, analogy with witnessing in sales, and practical reports, views the command as recommendatory, not conditional, for either act. The analysis highlights the Imamiyyah position’s strength in blending textual and rational arguments, supported by Sharia objectives. This debate remains significant due to its impact on family law and contemporary calls for reevaluating dominant views.

Keywords

: Witnessing in Divorce (Ishhād fī al-Ṭalāq)

Divorce (Ṭalāq)

Conditionality (Sharṭiyyah)

Surah Al-Ṭalāq Verse 2

Comparative Jurisprudence (Fiqh Muqāran) / Shia-Sunni Differences

Subjects

• Contemporary jurisprudence

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