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Divorce in Islamic Law

by | Jul 11, 2015

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The accompanying verse can remove Divorce in Islamic law between the spouse and wife:

وَٱلْمُطَلَّقَٰتُ يَتَرَبَّصْنَ بِأَنفُسِهِنَّ ثَلَٰثَةَ قُرُوٓءٍ ۚ وَلَا يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ ٱللَّهُ فِىٓ أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِٱللَّهِ وَٱلْيَوْمِ ٱلْءَاخِرِ ۚ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِى ذَٰلِكَ إِنْ أَرَادُوٓا۟ إِصْلَٰحًا ۚ وَلَهُنَّ مِثْلُ ٱلَّذِى عَلَيْهِنَّ بِٱلْمَعْرُوفِ ۚ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ ۗ وَٱللَّهُ عَزِيزٌ حَكِيمٌ

Divorced women remain in waiting [i.e., do not remarry] for three periods, and it is not lawful for them to conceal what Allāh has created in their wombs if they believe in Allāh and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to them [i.e., the wives] is similar to what is expected of them, according to what is reasonable. But the men [i.e., husbands] have a degree over them [in responsibility and authority]. And Allāh is Exalted in Might and Wise.

(AlQuran 2:228)

It is clear that the Qur’an states there is a “degree” of contrast concerning the privileges of men and women related to Divorce in Islamic law, yet it is not clear for “how much” and “what” benefits a man is qualified.

Divorce In Islamic Law For Women:

There has been much twisting and engendering of mistrust around Divorce in Islamic law. However, it is just with self-instruction and familiarity with the Qur’anic verses that both men and women can come to know the reality of what God has endorsed and assessed:

وَإِذَا طَلَّقْتُمُ ٱلنِّسَآءَ فَبَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ سَرِّحُوهُنَّ بِمَعْرُوفٍ ۚ وَلَا تُمْسِكُوهُنَّ ضِرَارًا لِّتَعْتَدُوا۟ ۚ وَمَن يَفْعَلْ ذَٰلِكَ فَقَدْ ظَلَمَ نَفْسَهُۥ ۚ وَلَا تَتَّخِذُوٓا۟ ءَايَٰتِ ٱللَّهِ هُزُوًا ۚ وَٱذْكُرُوا۟ نِعْمَتَ ٱللَّهِ عَلَيْكُمْ وَمَآ أَنزَلَ عَلَيْكُم مِّنَ ٱلْكِتَٰبِ وَٱلْحِكْمَةِ يَعِظُكُم بِهِۦ ۚ وَٱتَّقُوا۟ ٱللَّهَ وَٱعْلَمُوٓا۟ أَنَّ ٱللَّهَ بِكُلِّ شَىْءٍ عَلِيمٌ

And when you divorce women and they have [nearly] fulfilled their term, either retain them according to acceptable terms or release them according to acceptable terms, and do not keep them, intending harm, to transgress [against them]. And whoever does that has indeed wronged himself. And do not take the verses of Allāh in jest. And remember the favor of Allāh upon you and what has been revealed to you of the Book [i.e., the Qur’ān] and wisdom [i.e., the Prophet’s sunnah] by which He instructs you. And fear Allāh and know that Allāh knows of all things.


Divorce in Islamic law in Quranic Surah:

يَٰٓأَيُّهَا ٱلَّذِينَ ءَامَنُوٓا۟ إِذَا نَكَحْتُمُ ٱلْمُؤْمِنَٰتِ ثُمَّ طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا ۖ فَمَتِّعُوهُنَّ وَسَرِّحُوهُنَّ سَرَاحًا جَمِيلًا

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


According to Divorce in Islamic law:

  1. The husband can give three divorces to his wife.
  2. After one or two divorces, he has the right to take back his Divorce
  3. Divorce within the iddah period, and after the iddah period, he can remarry with her.
  4. If he gives three divorces, the husband has no right to take back his Divorce
  5. After three divorces, the husband can not remarry with her Divorce until she marries another person and gets divorced from that person. The above-mentioned is called halalah in Islamic sharia.
  6. Iddah of a divorced woman is three menstrual periods. Only after this period can she marry anyone else.
  7. No iddah period is required if a woman gets a Divorce before sexual intercourse.
  8. Iddah of a widow is four lunar months and ten days. 
  9. Iddah of a pregnant widow or divorced woman is the period till she delivers the child.

Divorce in Islamic Law Started By The Wife:

It is known as khula”. If the spouse is not a shortcoming, it involves the wife giving her Dowry (Haq Mehr) to end the marriage because she is the “agreement” breaker.” But In the case of Divorce in Islamic Law, where the spouse is the “agreement” breaker, he must pay over the required funds in situations where they conceded all or a piece of it.

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