Divorce In Islam (Talaq)

Divorce in Islam can take a variety of forms, some initiated by the husband and some initiated by the wife.

The main traditional legal categories are talaq (repudiation), khulʿ (mutual divorce), judicial divorce and oaths.

The theory and practice of divorce in the Islamic world have varied according to time and place.

Historically, the rules of divorce were governed by sharia, as interpreted by traditional Islamic jurisprudence, and they differed depending on the legal school.

Historical practice sometimes diverged
from legal theory.

In modern times, as personal status (family) laws were codified, they generally remained “within the orbit of Islamic law”, but control over the norms of divorce shifted from traditional jurists to the state.

Divorce is permitted in Islam as a last resort if it is not possible to continue a marriage. Certain steps need to be taken to ensure that all options have been exhausted and both parties are treated with respect and
justice.

In Islam, married life is described as one filled with mercy, compassion, and tranquility. Marriage is a great blessing.

Each partner in the marriage has certain rights and responsibilities, which are to be
fulfilled in a loving way in the best interests of the family
Steps to divorce in Islam.

#1. Purity

Divorce should be given when the wife is in a ‘state of purity’, i.e. when she is clean after
her menstrual period and the husband had not had sexual intercourse with her. Giving divorce during the menstrual period of the wife has been forbidden in the hadith, on the good grounds that during the menstrual period a husband are not attracted towards his wife, and in her state of cleanliness thereafter he may turn towards her and may give up the idea of divorcing her.

#2. It Has to Come from the Husband

Only one divorce be given, that is the husband may say to the wife: “I divorce you”.

He should not add any numbers to his divorce. If the divorce is being written on paper then it may be clearly stated that it is one divorce (revocable).

#3. Witnesses

Divorce is given in the presence of two just witnesses. It is stated in Surah Talaq: And
call to witness two just men among you. (Surah At- Talaq-2)

#4. Term of Waiting

After the divorce, the woman will have to pass her term of waiting (Iddat). It is that
period in which a divorced woman cannot be re-marry and it is incumbent upon the
husband that he should not turn her out before the end of this period of iddat, and he
should provide for her maintenance during this time.

Similarly it is incumbent upon the divorced woman that she should pass her period of iddat in her husband’s house.

The term of iddat is for three menstrual periods. The Qur’an states: “Divorced women shall wait, keeping themselves apart, for three menstrual periods.” (Surah Baqarah-228).

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