Divorce in ISLAM

Divorce in view of Islam

Divorce (Talaaq) In Islam And Quran - Introduction

Marriage and divorce are two basics of our family system. Beginning of a new family starts when two male and females decide living together after a formal marriage contract. In Islam, marriage can not become a valid legal contract till both male and female (infront of at least two males or one male & 2 females as witness) freely agrees on it. Willing of the bachelor female's wali (her father or other legal patron) is another requirement for the assistance of the female as she alone could not select the right life partner for her. However, it is no more required if she is re-marrying after the divorce or the death of her husband. Marriage of a minor or underage girl can be done by her wali's wish alone. Quran allows such marriage of minor girls in surat talq-4. According to Islamic scholars, such minor girl have the right to cancel her marriage as when she becomes adult if she is not yet handed over to her husband.

Hadiat on Divorce
Allah did not make anything lawful more abominable to Him than Divorce. Of all the lawful acts the most detestable to Allah is Divorce.(Sunan Abu dawud: Book #12, Hadith #2172-2173)


Types of Divorce
1. The first type is by unilateral… by unilateral agreement, between the husband and wife - Both may say… 'Okay, we are not compatible… let us part'.

2.The second type, is by the unilateral will of the husband, that is called a 'Talaq', in which, he has to forgo his 'Meher'. If he has not paid it, he has to pay it to her… and including the gifts, he has given to her.

3.Third type, is by the unilateral will of the wife - I repeat, by the unilateral will of the wife… if she mentions it in her marriage contract. If she mentions it in her Nikah-Nama… in her marriage contract, that she has the right to give unilateral divorce, she can give it - It is call as 'Isma'. I have never heard of anyone speaking of an 'Isma' - It is called as 'Isma' - Even a woman can give divorce, 'Isma'.

4. Fourth category is, if the husband ill-treats her, or not give her equal rights, she has the right to go to a Kazi or court for divorce, and nullify the marriage - It is called as 'Nikah-e-Fask'. In this, according to the Kazi, he may ask the husband to give the full 'Meher', or part of the 'Meher', depending upon the Kazi.

5.And the last is 'Khulah'- that even though the husband may be a very good husband, the wife has got no complaints against the husband, but for personal reasons, she does not like the husband - she can request the husband, to divorce her - and that is called as 'Khulah'.

Quranic Verses about Divorse

1)And divorced women shall wait (as regards their marriage) for three menstrual periods, and it is not lawful for them to conceal what Allah has created in their wombs, if they believe in Allah and the Last Day. And their husbands have the better right to take them back in that period, if they wish for reconciliation. And they (women) have rights (over their husbands as regards living expenses) similar (to those of their husbands) over them (as regards obedience and respect) to what is reasonable, but men have a degree (of responsibility) over them. And Allah is All-Mighty, All-Wise. (Al-Baqara-228)


2)The divorce is twice, after that, either you retain her on reasonable terms or release her with kindness. And it is not lawful for you (men) to take back (from your wives) any of your Mahr (bridal - money given by the husband to his wife at the time of marriage) which you have given them, except when both parties fear that they would be unable to keep the limits ordained by Allah (e.g. to deal with each other on a fair basis). Then if you fear that they would not be able to keep the limits ordained by Allah, then there is no sin on either of them if she gives back (the Mahr or a part of it) for her Al-Khul' (divorce). These are the limits ordained by Allah, so do not transgress them. And whoever transgresses the limits ordained by Allah, and then such are the Zâlimûn (wrong-doers). (Al-Baqara-229)


3)And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allâh, which He makes plain for the people who have knowledge. (Al-Baqara- 230)


4)O you who believe! When you marry believing women, and then divorce them before you have sexual intercourse with them, no iddah (divorce prescribed period) have you to count in respect of them. So give them a present, and set them free (i.e. divorce), in a handsome manner. (Al-Ahzab-49)

5)O Prophet! when ye do divorce women, divorce them at their prescribed periods, and count (accurately), their prescribed periods: and fear Allah your Lord: and turn them not out of their houses, nor shall they (themselves) leave, except in case they are guilty of some open lewdness. Those are limits set by Allah: and any who transgresses the limits of Allah, does verily wrong his (own) soul: thou knowest not if perchance Allah will bring about thereafter some new situation.

Thus when they fulfil their term appointed, either take them back on equitable terms or part with them on equitable terms; and take for witness two persons from among you, endued with justice, and establish the evidence (as) before Allah. Such is the admonition given to him who believes in Allah and the Last Day.  And for those who fear Allah, He (ever) prepares a way out

And He provides for him from (sources) he never could imagine.  And if anyone puts his trust in Allah, sufficient is (Allah) for him.  For Allah will surely accomplish His purpose: verily, for all things has Allah appointed a due proportion.

Such of your women as have passed the age of monthly courses, for them the prescribed period, if ye have any doubts, is three months, and for those who have no courses (it is the same): for those who carry (life within their wombs) their period is until they deliver their burdens: and for those who fear Allah, He will make their path easy.

That is the Command of Allah which He has sent down to you: And if anyone fears Allah He will remove his ills from him, and will enlarge His reward.

Let the women live (in ‘iddah) in the same style as ye live, according to your means: annoy them not, so as to restrict them.  And if they carry (life in their wombs), then spend (your substance) on them until they deliver their burden: and if they suckle your (offspring), give them their recompense: and take mutual counsel together, according to what is just and reasonable.  And if ye find yourselves in difficulties let another woman suckle (the child) on the (father’s) behalf.

Let the man of means spend according to his means: and the man whose resources are restricted, let him spend according to what Allah has given him.  Allah puts no burden on any person beyond what he has given him.  After a difficulty, Allah will soon grant relief.

How many populations that insolently opposed the command of their Lord and of His messengers did We not then call to account― to severe account?― And We imposed on them an exemplary Punishment.

Quran 65:1- 8


Rules of Islam about Divorce

1. Husband can give maximum three divorces to his wife.

2. After one or two divorces, he has right to take back his divorcee within iddah period and after iddah period he can re-marry with her.

3. If three divorces have been given, husband has no right to take back his divorcee.

4. After three divorces, husband can not re-marry with her divorcee till she marries with another person and get divorce from that person. This is called halalah in Islamic shariyat.

5. Iddah of a divorcee woman is three menstrual periods. Only after this period, she can marry to any one else.

6. No iddah period is required if woman is divorced before sexual intercourse.

7. Iddah of a widow woman is four lunar months and ten days.

8. Iddah of a pregnant widow or divorce woman is the period till she delivered the child.

Instruction of Islam

1. Do not divorce a woman during her menstrual periods. Divorce should only be given in her that neat and clean period in which sexual intercourse is not done. Woman can be divorced if she is pregnant. It should be noted that divorce will be still valid if it is granted against these quranic instructions. However they will be considered as sinful.

2. After having divorce, woman should stay to her husband's home till the end of iddah i.e. three menstrual periods. She should not leave her husband's home nor should her husband force her to leave home.

3. While divorcing a woman, man should witnessed two persons. Please note that witnessing is better for both parties. Otherwise divorce will be legally valid without witness too.

4. Iddah period of old women is three lunar months if she is no more menstruating.

5. Iddah period of a minor or underage girl is also three lunar months if she has not yet started menstruating. Quran here not only allows marrying with such minor girl but also allows sexual intercourse with underage wife. Because there is no iddah period of untouched divorced wife as mentioned surah Al-Ahzab-49.

6. During iddah period, husband is responsible to bear expenses of his divorced wife.

7. If divorced wife is pregnant, the man is responsible to bear all her expense till delivery and expense of his child after birth as well.