A Maqasid al-Shariah Approach to Divorce Due to a Spouse’s Mental Illness: Legal and Rights-Based Insights from Islamic Family Law

This study examines the issue of divorce arising from a spouse’s mental illness through the lens of Maqasid al-Shariah within the framework of Islamic Family Law in Malaysia. Recognising that mental health disorders can seriously disrupt marital harmony and family welfare, this research explores the extent to which Islamic law accommodates the rights and well-being of both spouses in such circumstances. The study uses a qualitative methodology to analyse primary sources, including the Qur’an, Hadith, classical fiqh literature, and relevant Malaysian statutes. The findings demonstrate that Islamic law permits divorce on the grounds of harm (darar), which encompasses severe mental illness, provided that established legal and ethical conditions are satisfied. By situating this ruling within Shariah’s higher objectives, notably the preservation of life, dignity, and family stability, this paper highlights how Maqasid al-Shariah ensures a balanced and compassionate approach. Furthermore, the study discusses related rights such as maintenance (nafaqah), child custody, and the ‘iddah (waiting period), underscoring Islam’s commitment to justice and social welfare. The insights contribute to greater awareness of how Islamic Family Law can address contemporary mental health challenges while upholding its foundational values.