What is the difference between separation due to harm and separation due to discord?
Separation between spouses due to harm (darar) refers to a judge divorcing a wife who is being harmed by her husband through physical abuse, verbal abuse, or unjust abandonment. If the wife is unable to prove the harm, the judge appoints two arbitrators to examine their situation and attempt reconciliation. If reconciliation is not possible, they separate the couple, and this is called separation due to discord (shiqaq). The Maliki school of thought permitted separation due to discord or harm to prevent conflict, and based on the general meaning of the Prophet’s saying, "There should be neither harming nor reciprocating harm." A woman brings her case before the judge; if she proves the harm, he divorces her. If she is unable to prove it, the case is dismissed. If she repeats the claim, the judge appoints two arbitrators, one from his family and one from hers, for them to do what is best, either bringing them together or separating them, based on the verse: "And if you fear a breach between them, appoint an arbitrator from his people and an arbitrator from her people."
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