Divorce in Islam and Types of Divorce in Islam: Important Insights

Hi, all readers! Are you looking for an explanation of divorce in Islam and the types of divorce? If your answer is "Yes," congratulations! You are now reading the right article. Why? Because that is what I will explain here. As Muslims, we must understand this topic well, which is why I wrote this article. So, make sure to read it to the end.

Specifically, there are nine important aspects of divorce in Islam and the types of divorce that I will discuss in this article. The nine important points are as follows:

What Does Divorce Mean in Islam?

The first important point about divorce in Islam and the types of divorce that I will explain now is "What does divorce mean in Islam?" I want you to understand this first because it is a fundamental aspect of this discussion that must be clearly understood. Additionally, there are some Muslims who may not grasp it fully.

If you want to know "What does divorce mean in Islam?", here is the definition:

حَلُّ عَقْدِ النِّكَاحِ بِلَفْظٍ صَرِيْحٍ أَوْ كِنَايَةٍ مَعَ النِّيَّةِ

Canceling the marriage contract (aqd an-Nikah) with clear or unclear words (satire or parable) with niyyah (intention) for divorce.

If we understand the definition of divorce, we can conclude that divorce in Islam is the annulment of the marriage using clear words, such as "I am divorcing you," or unclear speech (innuendo or parables), such as "You are like my mother," along with the niyyah for divorce.

That is a brief explanation of "What does divorce mean in Islam?" As Muslims, we must understand this.

What Are the Rules of Divorce in Islam?

The second important point about divorce in Islam and the types of divorce that I will explain now is "What are the rules of divorce in Islam? It is essential to understand this because it determines whether the divorce a husband gives to his wife is legal or not.

When we read some Islamic legal literature on divorce, we find explanations that there are two rules for divorce in Islam:

• The husband giving the divorce must be baligh (adult), not forced, and aware.
• The first rule is that the husband who gives the divorce is baligh (adult), is not coerced into divorce, and is aware that it is a divorce. In other words, if your husband is immature, he cannot divorce you. If he is forced or unconscious, then the divorce is invalid, unless a court is enforcing it.

The divorced wife must be in a chaste condition and not after sex.

The second rule of divorce states that the divorced wife must be in a chaste condition and not after sex. In other words, if you are in an impure state, such as menstruating or postpartum, or if you have had sex with your husband, the divorce is technically legal but is considered haram: your husband should not give you a divorce if you are menstruating, postpartum, or after sex.

That is a brief explanation of "What are the rules of divorce in Islam?" As Muslims, we must understand this.

Types of Divorce in Islam

The third important point about divorce in Islam and the types of divorce in Islam that I will explain now is the types of divorce in Islam. I want you to understand this because some Muslims do not grasp it well or completely.

In general, we can categorize the types of divorce in Islam in two ways:

1. Permissible divorce and impermissible divorce.
2. Bid'ah divorce and irrevocable divorce.

The types of divorce that are permissible and those that are not allowed are as follows:

• Sunnah divorce (divorce that is carried out under permissible conditions).

Sunnah divorce refers to divorce that is executed under permissible conditions, such as when the wife is not menstruating and not after sexual relations.

• Bid'ah divorce (divorce conducted under conditions that are not allowed).

Bid'ah divorce refers to a divorce carried out under conditions prohibited in Islam, such as when the wife is menstruating.

That is a brief explanation of types of divorce in Islam. As Muslims, we must understand this.

When Is Divorce Not Valid in Islam?

The fourth important point about divorce in Islam and the types of divorce in Islam that I will explain now is "When is divorce not valid in Islam?" I want you to understand this well because not all divorces that a husband pronounces to his wife are valid.

In general, if we examine several Islamic legal texts, we find an explanation that the conditions for a valid divorce are that the adult husband must consciously pronounce the divorce (either clearly or indirectly) with the intention (niyyah) to divorce. If the husband does this, then the divorce he pronounces is considered valid.

In other words, if you ask me, "When is divorce not valid in Islam?" the answer is as follows:

• If the husband who pronounces the divorce is not yet an adult (not baligh).
• If the husband is forced to pronounce divorce, and the coercion does not come from the court.
• If the husband unknowingly pronounces divorce.
• If the divorce sentence is spoken without the intention of divorce or not with the niyyah for divorce.

That's a brief explanation of "When is divorce not valid in Islam?" As Muslims, we must understand this.

Can You Give Divorce by Text?

The fifth important point about divorce in Islam and the types of divorce in Islam that I will explain now is "Can you give divorce by text?" I want you to understand this because some Muslims do this, while others may not fully grasp it.

In general, divorce is given by a husband to his wife through spoken words. For example, when a husband says to his wife, "I am divorcing you," this speech is clear and easily understood. However, divorce communicated through text is different. According to the majority of Islamic jurists, text is not considered a clear expression. Text serves as another form of expression but lacks the clarity needed for this context.

Thus, a divorce expressed in text will be valid only if there is the niyyah for divorce. In other words, if you write a divorce sentence to your wife with the intention of divorce, then the divorce is valid. However, if there is no niyyah for divorce, then it is invalid.

That's a brief explanation of "Can you give divorce by text?". As Muslims, we must understand this.

Can You Give Divorce Over the Phone?

The sixth important point about divorce in Islam and the types of divorce in Islam that I will explain now is "Can you give divorce over the phone?" I want you to understand this because it is an important question in this discussion.

If we review some Islamic legal texts regarding giving divorce by telephone, we find that the majority of Islamic jurists hold the opinion that it is permissible if there is the niyyah for divorce, the husband is not coerced, he is aware that he is pronouncing a divorce, and the husband is an adult (baligh). The reason is that divorce does not require witnesses like marriage does, and the annulment of the first and second divorces does not require witnesses.

That's a brief explanation of "Can you give divorce over the phone?" As Muslims, we must understand this.

Can You Give Divorce During Pregnancy?

The seventh important point about divorce in Islam and the types of divorce in Islam that I will explain now is "Can you give divorce during pregnancy?" I want you to understand this well so that you have a complete understanding of our discussion.

Before I elaborate on "Can you give divorce during pregnancy?", I will quote a hadith that is specifically related to our discussion. The hadith I refer to is as follows:

عَنْ عَبْدِ اللهِ بْنِ عُمَرَ رَضِيَ اللهُ عَنْهُمَا : أَنَّهُ طَلَّقَ امْرَأَتَهُ وَهِيَ حَائِضٌ عَلَى عَهْدِ رَسُوْلِ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ [تَطْلِيْقَةً وَاحِدَةً] ، فَسَأَلَ عُمَرُ بْنُ الْخَطَّابِ رَضِيَ اللهُ عَنْهُ رَسُوْلَ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ عَنْ ذَلِكَ ، (فَتَغَيَّظَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ ثُمَّ) قَالَ رَسُوْلُ اللهِ صَلَّى اللهُ عَلَيْهِ وَسَلَّمَ : (مُرْهُ فَلْيُرَاجِعْهَا ، ثُمَّ لْيُمْسِكْهَا حَتَّى تَطْهُرَ، ثُمَّ تَحِيْضَ ، ثُمَّ تَطْهُرَ ، ثُمَّ إِنْ شَاءَ أَمْسَكَ بَعْدُ ، وَإِنْ شَاءَ طَلَّقَ قَبْلَ أَنْ يَمَسَّ ، فَتِلْكَ الْعُدَّةُ الَّتِيْ أَمَرَ اللهُ أَنْ تُطَلَّقَ لَهَا النِّسَاءُ . مُتَّفَقٌ عَلَيْهِ . وَفِيْ رِوَايَةٍ لِمُسْلِمٍ قَالَ : مُرْهُ فَلْيُرَاجِعْهَا ، ثُمَّ لْيُطَلِّقْهَا طَاهِرًا أَوْ حَامِلًا

From Abdullah ibn Umar radiyallahu anhuma, he mentioned that he divorced his wife while she was menstruating during the time of Allah's Messenger (Prophet Muhammad) sallallahu alaihi wa sallam (divorced one). Umar bin Khattab radliyallahu anhu then asked the Messenger of Allah (Prophet Muhammad) sallallahu alayhi wa sallam about it. (Allah's Messenger sallallahu alayhi wa sallam then became angry). Then Allah's Messenger said, "Tell him to return to his wife (announce the divorce), then tell him to keep her until she is pure (after menstruation), then she has her second period, then she is pure again (after menstruation). After that, if he wishes to retain her, he may do so. If he wishes to divorce her, he may divorce her. These are the rules about divorcing wives that Allah has commanded." This hadith was narrated by al-Bukhari and Muslim. In a narration by Muslim, it is explained (another hadith editor), "Tell him to return to his wife and then divorce her when she is in a state of purity or when she is pregnant."

All readers! If we understand the hadith above, we can conclude that it is permissible to give divorce while pregnant.

That's a brief explanation of "Can you give divorce during pregnancy?" As Muslims, we must understand this.

Can You Give Divorce During Ramadan?

The eighth important point about divorce in Islam and the types of divorce in Islam that I will explain now is "Can you give divorce during Ramadan?" I want you to understand this because some Muslims may not grasp it well.

Before I elaborate on "Can you give divorce during Ramadan?", I want to emphasize that Ramadan is one of the noble months in Islam. Muslims are encouraged to engage in good deeds during Ramadan. While divorce is lawful, it is something that is highly disliked by Allah.

In Islam, divorce can be executed at any time, except when the wife is menstruating or after sexual relations. There is no specific month designated for divorce. Therefore, you can divorce during Ramadan if your wife is not menstruating or has not engaged in sexual relations. That's the answer.

That's a brief explanation of "Can you give divorce during Ramadan?" As Muslims, we must understand this.

Can You Give Divorce in Anger?

The ninth important point about divorce in Islam, as well as the types of divorce, which I will explain now, is "Can you give divorce in anger?" This is an important question in our discussion because some Muslims issue divorce when they are angry.

One crucial point I want to reiterate is that divorce can be given under any conditions except when the wife is menstruating or after sexual intercourse. If all the conditions for the divorce are met, then the divorce is valid.

So, if you ask me, "Can you give divorce in anger?", what must be understood is: Are you a mature husband? Are you aware that what you are doing is getting a divorce? Are you not being forced to do so (unless it is by the courts)?

If you are angry, you are a mature husband, you understand that what you are doing is a divorce, and you are not forced to do it (unless the court is compelling it), then the divorce you give in anger is a valid divorce.

That's a brief explanation of "Can you give divorce in anger?" As Muslims, we must understand that.

This is a summary of divorce in Islam, the types of divorce, and some important aspects surrounding it. Do you understand? If you have any questions, please feel free to ask.

I believe that’s enough for this article. I hope it is useful. Amen.

See you again in the next article.