In her new book, Professor Zaynab Abū al-Faḍl (Ṭanṭā University) proposes significant reforms in relation to the practice of divorce in contemporary Muslim-majority societies. The author argues that many in modern society have deviated from the spirit of Islamic law around divorce in a way that harms women, families, and the broader community. This summary and review was written by Ḥabība al-Ganāynī, a third-year business student at Ḥelwān University with an interest in the place of women in modern society and the Islamic tradition.

Excerpt:

Professor Zaynab Abū al-Faḍl’s 2025 book, Divorce before the Judge (Ar. al-ṭalāq āmām al-qāḍī fī dawʾ ḍawābiṭ tashrīʿ al-ṭalāq wa maqāṣiduhu), was on sale at the 2026 Cairo International Book Fair. It is the latest in a series of books the author has published with the Moroccan publishing house, Dār al-Maghribiyya. The series includes books presenting Islamic perspectives on human rights, environmental protection, ethics, and other important subjects. Professor Abū al-Faḍl teaches Islamic jurisprudence at Ṭanṭā University in Egypt.

In the book, the author laments the spread of divorce among modern Muslim families and describes how women often seem to experience the negative consequences of marital and familial breakdown more acutely. For this reason, women are often the first to consult a muftī for guidance when their husbands divorce them, hoping to hear a different judgment that will preserve their families. She also addresses how divorce in modern society often happens in a way that conflicts with Islamic ethics.  Modern divorce is often not committed to taqwā, or righteous piety, which is crucial. The author emphasizes that women also have the right to end their marriages if they feel harmed. If there wasn’t no harm, they have the right to a khulʿ divorce in exchange for their dowry and are not obligated to specify the reason for the end of their marriage.

In the book, the author analyzes the question of divorce in detail, viewing it from a number of different perspectives. She includes the opinions of Shaykh Muḥammad ʿAbduh (d.1905), one of which is that divorce can only be decreed before a formal judge. She expressed her support for this solution, noting that this concept was the result of the chaos found in ʿAbduh's time which is still present to some degree today.

The author argues that supporting ʿAbduh's position does not take away the husband's rights but conditions those rights according to God’s intent in the Qurʾān. Respecting those conditions in practice should alleviate the negative consequences that emerge as a result of the lack of adherence to them. Using legislation from the time of ʿUmar ibn al-Khaṭṭāb (d.644) to support her arguments, the author stressed that if people misuse the rights that God gave them, the ruler has the right to put limits on those rights or suspend them for a greater good.

The book is comprised of three primary chapters, each of which has multiple sections. The first chapter has four sections dealing with the following issues:

• Divorce must be carried out in stages.
• Divorce must be issued with deliberate intent and determination.
• Consideration must be given to the wife's mental and physical condition.
• The husband bears the responsibility of adhering to and achieving the objectives of divorce legislation.

The second chapter has two sections, dealing with the rights of women in relation to divorce:

• The right to request divorce because of poor marital conduct.
• The right to request a khulʿ divorce.

Finally, the third chapter has two sections, dealing with the following issues:

• The stance of Islamic on divorce documentation.
• The necessity of divorce before the judge with the mutual consent of both spouses.