Divorce, no doubt disintegrates the family unity and, of course, it is an evil in itself, but it is a necessary evil. The Quranic injunction says ‘Either retain them with humanity or dismiss them with kindness’ .Therefore, if marriage breaks down irreparably and reaches to a point of no return, Islam recommends extra-judicial divorce.
The judicial divorce was recommended only when the marriage breaks down irreparably and the party at fault insists that the marriage tie should continue to subsist. This approach of Islam is in conformity with the Modern Law.
The breakdown theory of Modern Law tells us that the Court should not go into the causes of break down and instead of finding out as to wherefrom the bitter water flows, it should grant ‘Quick Divorce’. More or less, on the similar lines of thinking operates the extra-judicial and judicial dissolution of marriage under the Islamic Law. The Prophet of Islam, at the first place, did not want the matter to be taken to the Court and only as a last resort did he prescribe the judicial intervention. He warned his people to keep away from the path which would ultimately lead them to a point of no return and breaking down of the marriage tie. But where it was to happen, unavoidably, he wanted the husband or wife (whoever might be aggrieved) or both to act quickly and privately. The ‘break down theory’ and ‘quick divorce’ finds their due place in the Islamic Law.