An overview:
Most non-Muslims, and even some Muslims, believe Islam is outdated regarding fundamental human rights, especially women‘s rights. They do not understand that Islam liberates rather than limits. Islam has laid out clear rules for the complex matter of divorce.
Although Allah sees divorce as one of the most unlikeable acts, it is still permissible. Both males and females can initiate divorce due to various reasons.
To further understand the concept of divorce and separation in Islam and its various rules and regulations, keep reading!
Islam’s Position on Divorce
According to Islam, marriage is a sacred union Allah prescribes between a man and a woman. Marriage aims to foster tranquillity, love, and compassion between both spouses. Prophet Muhammed (PBUH) advised all youngsters to marry early to avoid sin.
“Marriage is my precept and my practice. Those who do not follow my practice are not of me."Many verses in the Quran emphasize the importance of marriage and sound family life:
“And marry the unmarried among you and the righteous among your male slaves and female slaves. If they should be poor, Allah will enrich them from His bounty, and Allah is all-Encompassing and Knowing.” [24:32]
Allah has allowed divorce, albeit being one of the most detested acts. Prophet Muhammed (PBUH) said:
"Allah has not created on the face of this Earth anything more beloved by Him than freeing a slave, and He has not created anything on the face of this Earth more despised than divorce." Bukhari and Muslim
Therefore, before a couple of divorces, they must try several alternatives to mend their marriage. Islam provides ample time and opportunity for the spouses to rethink the divorce.
Types of Divorce in Islam
Islam has made everything related to Talaq clear and straightforward. There are many methods to go about the process and even many options regarding the type of Talaq to be chosen.
The process can be as simple as a woman approaching her husband and saying, “I don’t want to live with you anymore!” and the husband replies, “OK, let’s get a divorce.”
There are three types of Talaqs recognized in Islam:
Talaq Ahsan
This is the most laudable divorce, where the husband orally divorces his wife within the term of Tahr (purity. when the woman is not passing through the period of menses), during which he has not had sexual intercourse with her, and she is left to observe her ‘Idda.
"When you marry the believing women, and then divorce them before you have touched them, they do not have to fulfill a waiting period, the completion of which you may demand of them." (Al-Ahzab 49)
Talaq Hasan
This is a laudable divorce where a husband repeatedly divorces his wife, whom he has had relations with, over three Tuhrs, or purity.
"And the divorced women (after the pronouncement of the divorce) must wait for three monthly courses... and their husbands are fully entitled to take them back (as their wives) during this waiting period, if they desire reconciliation." (Al Baqarah 228)
Talaq Bid’a
Also called an irregular divorce, this is where a husband orally divorces his wife three times at once. According to most scholars, this Talaq holds good, but it is against the spirit of the Shari’ah. Furthermore, according to Islamic Law, the man who follows this course in divorce is an offender.
How to Divorce in Islam
According to Shariah, or Islamic law, the power of Talaq, or divorce, is granted to both parties involved, i.e., the spouses. There are different methods of divorce in Islam; they are as follows:
- Talaq: Granting of Divorce by the Husband
- Khula: Separation by way of consent between the parties
- Faskh-e-Nikah: Dissolution of Marriage
- Tafweedh-e-Talaq: When the power of Talaq is transferred to the Wife
Talaq
Talaq is the unilateral right of the man and can only be given by him. This right can never be taken away from the husband, but it can be limited at the time of the Nikkah.
The husband gives the talaq, first orally, and then sends a written notice legally to his ex-wife.
Once the iddat period is over, Talaq becomes effective for the spouses.
Khula
In many marriages in Asia, the wife is not granted her right to Khula, or divorce, on the marriage contract. This practice is not advised by the Prophet Muhammed (PBUH). She must apply for Khula through the court if this is the case.
Khula, which means ‘untying the knot,’ is the dissolution of marriage initiated by the wife and is granted by the court. To apply for Khula, the wife must file a suit for Khula in the Family Court, stating she feels she can no longer live with her husband ‘within the limits prescribed by Allah’.
When filing for Khula, the wife usually has to return Haq Mehr and other benefits received from the husband.
Fask-e-Nikah
Faskh-e-Nikah is the dissolution of a marriage by an Islamic Court. This route is taken when the wife wants to divorce, but the husband unreasonably refuses to grant the Talaq. This refusal by the husband opposes the spirit of divorce in the Quran.
In the case of Faskh-e-Nikah, any outstanding Haq Mehr must be paid to the wife.
Tafweedh-e-Talaq (Mutual Divorce)
In this form of divorce, there is no need to approach the courts or file a case for Khula, etc. The marriage can be dissolved rapidly, cheaply, and with few procedural problems. In this case, both partners may sign a Mutual Divorce Deed.
When is Divorce Allowed in Islam?
The Prophet Muhammed (PBUH) said about divorce:
“Among lawful things, divorce is most hated by Allah.” (Abu Dawud)
Islam does not view divorce favorably. The Prophet, on various occasions, preached for couples to try and accommodate and compromise with each other rather than go through a divorce. Therefore, divorce should be a last resort and only be considered when all other alternatives have been exhausted.
Some valid reasons in Islam for divorce are:
- Physical, mental, or emotional abuse or torture. If either of the spouses resorts to violence and will not stop, this is valid grounds for divorce.
- Failure to fulfill the objectives and purposes for which marriage was initiated. This can be an incompatibility between the partners and differences in temperaments, likes, and dislikes.
- Marital infidelity or adultery. This is a significant cause for the dissolution of marriage, for marriage is built on trust and confidence. And if either of the spouses is involved in extramarital affairs, it can lead to a marriage breakdown.
- Failure of the husband to provide. The man is considered the provider and maintainer of the family, and if he fails to shoulder his responsibilities, the wife can divorce him.
What is Halala in Islam?
“So if a husband divorces his wife (for a third time), he cannot, after that remarry her until after she has married another husband and he has divorced her. In that case, there is no blame on either of them if they re-unite, provided they can keep the limits ordained by Allah. Such are the limits ordained by Allah which He makes plain to those who know”. (2:230).
If a man divorces his wife thrice over a period of three Tahrs, then the divorce has been finalized between the two. She has entered her Idda’ period. After her Idda’ is over, she can marry someone else.
If her second marriage also ends in divorce, she can marry another man, including her first husband.
The critical point here is that a Halala cannot be plan in advance, which will be unlawful.
The Prophet Muhammed (Pbuh) has cursed both such men who perform Halala and for whom Halala is performed.
Is Halala Allowed In Islam?
Pre-planned Halala is not allowed in Islam.
Everything depends on Niyat (Intention), and if someone marries a woman to divorce her, then he is a sinner in the eyes of the Almighty.
The Prophet (PBUH) said:
This intentional plotting and planning for arranging the temporary marriage of the divorced wife with another person, is absolutely impermissible and a grave sin in the sight of Allah.
Conclusion
There is no doubt that divorce is a very upsetting matter for both spouses. It is a profoundly emotional matter as much as it is a legal matter. It results in the break up of the family unit, which holds great importance in Islam. Islam considers the family unit as the cornerstone of the social network, and when a divorce occurs, it deeply affects the husband, wife, and children.
The family is so essential that Prophet Muhammed (PBUH) stressed its importance in his final sermon:
Anas reported that the Messenger of Allah (s) said in his illness before he passed away, “Your family relations! Your family relations!” (Ṣaḥīḥ Ibn Ḥibbān 463)
This is why Allah has proclaimed divorce one of the most detested acts. All Muslim couples should try their best to avoid divorce at all costs. May Allah guide all couples to a happy and fulfilling life! Ameen
FAQ’s
Can a woman ask for a divorce in Islam?
Yes, Allah has granted women the right to initiate divorce. Khula is the route a woman can take if she wants to divorce her husband.
Can a man divorce his wife during pregnancy?
Yes, according to all scholars, a pregnancy divorce is permissible and valid.
