Home
/
Isiam
/
Family
/
Rulings on Divorce - I
Rulings on Divorce - I
Dec 20, 2025 2:26 AM

  Allah The Almighty has made marriage a source of tranquility, affection and mercy. However, disputes may arise between the spouses which spoil a good relationship. The causes of dispute between spouses might be trivial and thus, remediable or avoidable. The wife should behave wisely and not be hasty to ask for divorce for the slightest causes. The Messenger of Allah, sallallaahu ‘alayhi wa salam, said: “Any woman who asks her husband to divorce her without a compelling reason, will not find the smell of Paradise.” [Ahmad, Abu Daawood, At-Tirmithi and Ibn Maajah]

  But, sometimes the causes of dispute might be too strong to solve by any endeavor to make reconciliation between the spouses. At that point, the only solution is to terminate the marital relationship, where the couple leave each other: {But if they separate [by divorce], Allah will enrich each [of them] from His abundance.} [Quran 4:130] divorce is the best way to terminate the marital relationship when it becomes too difficult to continue. It entails detaching the sound marital bond on the part of the husband with a specific expression.

  Allah The Almighty gave the husband the right of effectuating divorce for reasons that include:

  - Being keen on keeping the marital home from collapsing. Had the right of effectuating divorce been in the hand of the wife, who is known for being emotional, which sometimes makes her reckless, the family safety would have more likely been vulnerable to risk, but the man is wiser and less liable to becoming irritated.

  - Divorce brings about such financial obligations on the husband like the postponed dowry, maintenance during the term of ‘Iddah (waiting period), and a gift of compensation: and these things force the man to reconsider divorcing his wife, that is if the more significant reasons do not prevent him. Furthermore, the woman is entitled to put a condition that the right of effectuating divorce is in her hand. She also has the right to terminate her marriage if her marital life with her husband has become difficult, through other means such as Khul‘ and separation by the court if the cause is reasonable.

  The Islamic Sharee‘ah (Islamic legislation) restricted the man's right of divorce by limits, which include:

  1- Divorce should not occur for a trivial cause inconsiderable under the Sharee‘ah. The man has to know that he is responsible before Allah The Almighty for his indulgence in using that right. This is not an easy matter; and the Messenger of Allah, sallallaahu ‘alayhi wa salam, said: "Of all the lawful acts the most detestable in the sight of Allah is divorce." [Abu Daawood]

  2- Divorce should be during the woman’s period of Tuhr (state of purity from menses), in which the man has not had sexual intercourse with his wife. But, if he divorces his wife during the period of her menstruation, or during the period of her Tuhr in which he has had sexual intercourse with her, divorce would become effectuated and the divorcing husband would carry a sin according to a group of scholars. However, other scholars had a different opinion, seeing that divorce in such a state would not become effectuated.

  3- The three pronouncements of divorce should not be uttered simultaneously in the sense that only one pronouncement of divorce should be uttered. If one divorces thrice at one time, or in one session, it would be regarded as three divorces according to many scholars, and considered as only one divorce according to other scholars.

  Kinds of divorce:

  There are two kind of divorce:

  • Revocable divorce:

  This is when the first or second divorce is pronounced by the husband on his wife with whom he has consummated the marriage, on the condition that it is not in return for compensation (as in the case of Khul‘). This divorce entails no separation consequences so long as the wife is in the period of ‘Iddah, during which the husband has the right to take her back and she becomes lawful for him. However, if the period of ‘Iddah is over without taking her back she then becomes divorced from him and she is unlawful for him except with a new contract and dowry.

  • Irrevocable divorce:

  Irrevocability is divided into: minor irrevocability and major irrevocability.

  Minor irrevocability: This applies to the first and second divorce, after the period of ‘Iddah is over. It is called so because the husband has the right to remarry his wife but with a new contract and dowry; and he only has the right to the remaining number of divorces upon her. If he has divorced her once, two divorces remain; and if he has divorced her twice, only one final divorce remains.

  Minor irrevocable divorce applies in the following cases: Divorce before consummation of marriage, divorce in return for compensation (i.e. Khul‘) according to the scholars who consider Khul‘ as divorce, and divorce because of a defect in case of being the first or second time.

  Major irrevocability: This applies to the divorce for the third time, after which it is impermissible for the man to remarry his wife unless she marries another and he consummates the marriage with her and then divorces her, and she fulfills the term of ‘Iddah. In this case, if the first husband wants to re-marry her, a new contract and dowry are necessary.

Comments
Welcome to mreligion comments! Please keep conversations courteous and on-topic. To fosterproductive and respectful conversations, you may see comments from our Community Managers.
Sign up to post
Sort by
Show More Comments
Family
Get Married and Live Happily
  A Swiss university conducted a recent study on the health benefits of marriage.   The study proved that marriage protects men and women from chronic and occasional headaches. The psychological feeling of a lasting and stable relationship helps to reduce physical stress and increases the excretion of the happiness hormone in...
Before it is Too Late
  It was completely unpredictable that something was going to happen and that my young, gentle cousin would experience the most difficult trial or that her two young children would become orphans in less than a moment.   As usual, her husband dined and performed the ‘Ishaa’ prayer at home after a...
Divorce Rate Rivals Marriages in the Muslim World
  Ash-Sharq Al-Awsat newspaper hosted meetings with a number of scholars to discuss their opinions on the phenomenon of increasing divorce rates.   One of the scholars, Shaykh Saalim ibn Mubaarak Al-Mahaarifi, may Allah preserve him, thepreacher in Riyadh Air Base and the Imaam of Hamzah ibn Abdul-Muttalib' Mosque at the National...
Secret Marriage and Its Dangerous Impact
  Secret marriage is a new and dangerous phenomenon that is currently emerging in some Muslim communities. The danger of this phenomenon lies mainly in its secret occurrence. Hence, most people are unaware of it. Consequently, it takes them by surprise, harming the most valuable thing they have because it preys...
Ten Tips to increase Love Between the Spouses
  Everyone wants to increase the amount of capital in the bank and searches for the means to increase his wealth. Similarly, everyone wishes to increase the affection and love he shares with his wife, so he should search for suitable means to increase the amount of love and faithfulness between...
Balancing Socialization and Strangeness
  John Holt, one of the early advocates of home schooling, once remarked, "If I could give just one reason why children should not go to public schools, it would be the socialization they receive there. In general, the kind of behavior one finds most often in schools is petty, cruel,...
How to teach our kids Tawheed
  When we want to teach our kids Tawheed (i.e. Islamic monotheism) should we have to read classical texts and books in this regard?   No, this is not needed in the early stages of their lives because this requires long hours of attentiveness and hard work, which is difficult for children....
Our Daughters at Home
  The father should spend on his daughter with satisfaction and not be a miser or remind her of the favors that he does for her. It was narrated on the authority of ‘Aai’shah, may Allah be pleased with her, that she said, “Once, a woman who had two daughters came...
Homeschooling Resources
  Do you have access to enough resources?   Schools have libraries, a set-curriculum and teachers who give students a readymade list of resources and references. What do homeschooling mothers have? The number-one resource for homeschoolers is the internet, where you can find everything from book lists on homeschooling methodologies, forums for...
Observe Etiquettes With Your Spouse
  Without a set of rules and orders to be applied and respected, life would be chaotic and uncivilized. A home that is based on desires will be destroyed by them. A home that is built on water will sink into it. A house that is constructed in the path of...
Related Classification
Copyright 2023-2025 - www.mreligion.com All Rights Reserved