What Are the Rules of Divorce in Islam? A Complete Overview

Hi, dear readers! Are you looking for an explanation of "What are the rules of divorce in Islam?"? 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. That's why I wrote this article, so you should read it to the end!

Specifically, there are two important points about "What are the rules of divorce in Islam?" that I will discuss in this article. The two important points are as follows:

Divorce in Islam

The first important point I will explain about "What are the rules of divorce in Islam?" is divorce in Islam. Specifically, I will cover the basic concepts surrounding divorce in Islam. I want you to grasp this information before diving deeper into the explanations, as some Muslims may not understand it well.

By the way, have you read the article titled "What does divorce mean in Islam?" that I wrote previously? If you haven't, I highly recommend reading it, as it contains very important foundational information about divorce in Islam.

In that article, I explained the literal meaning of divorce. In short, divorce is literally the separation of one spouse from the other (the separation of husband and wife). Meanwhile, divorce in Islam, or in Islamic law, involves canceling the marriage contract (aqd an-nikah) using clear or unclear words (whether direct or figurative) with the intention (niyyah) of divorce.

In Islamic legal literature, there are many explanations about divorce, including the rules of divorce, types of divorce, reversible divorces, irreversible divorces, and the rights of the wife after divorce, among others. I will explain a few of these topics in the upcoming articles, insha Allah.

Divorce in the Quran

The Quran is the main reference for Muslims. Within the Quran, there is a verse that is used to understand the laws of various matters. That's why we can find explanations about divorce in the Quran. Some of the Quranic verses regarding divorce are as follows:

وَاِنْ عَزَمُوا الطَّلَاقَ فَاِنَّ اللّٰهَ سَمِيْعٌ عَلِيْمٌ

And if they decide on divorce, then indeed, Allah is Hearing and Knowing. (Al-Baqarah [2]; 227).

اَلطَّلَاقُ مَرَّتٰنِ ۖ فَاِمْسَاكٌۢ بِمَعْرُوْفٍ اَوْ تَسْرِيْحٌۢ بِاِحْسَانٍ ۗ وَلَا يَحِلُّ لَكُمْ اَنْ تَأْخُذُوْا مِمَّآ اٰتَيْتُمُوْهُنَّ شَيْـًٔا اِلَّآ اَنْ يَّخَافَآ اَلَّا يُقِيْمَا حُدُوْدَ اللّٰهِ ۗ فَاِنْ خِفْتُمْ اَلَّا يُقِيْمَا حُدُوْدَ اللّٰهِ ۙ فَلَا جُنَاحَ عَلَيْهِمَا فِيْمَا افْتَدَتْ بِهٖ ۗ تِلْكَ حُدُوْدُ اللّٰهِ فَلَا تَعْتَدُوْهَا ۚوَمَنْ يَّتَعَدَّ حُدُوْدَ اللّٰهِ فَاُولٰۤىِٕكَ هُمُ الظّٰلِمُوْنَ

Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep [within] the limits of Allah. But if you fear that they will not keep [within] the limits of Allah, then there is no blame upon either of them concerning that by which she ransoms herself. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah - it is those who are the wrongdoers. (Al-Baqarah [2]; 229).

يٰٓاَيُّهَا النَّبِيُّ اِذَا طَلَّقْتُمُ النِّسَاۤءَ فَطَلِّقُوْهُنَّ لِعِدَّتِهِنَّ وَاَحْصُوا الْعِدَّةَۚ وَاتَّقُوا اللّٰهَ رَبَّكُمْۚ لَا تُخْرِجُوْهُنَّ مِنْۢ بُيُوْتِهِنَّ وَلَا يَخْرُجْنَ اِلَّآ اَنْ يَّأْتِيْنَ بِفَاحِشَةٍ مُّبَيِّنَةٍۗ وَتِلْكَ حُدُوْدُ اللّٰهِ ۗوَمَنْ يَّتَعَدَّ حُدُوْدَ اللّٰهِ فَقَدْ ظَلَمَ نَفْسَهٗ ۗ لَا تَدْرِيْ لَعَلَّ اللّٰهَ يُحْدِثُ بَعْدَ ذٰلِكَ اَمْرًا

O Prophet, when you [Muslims] divorce women, divorce them for [the commencement of] their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their [husbands'] houses, nor should they [themselves] leave [during that period] unless they are committing a clear immorality. And those are the limits [set by] Allah. And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a [different] matter. (Ath-Thalaq [65]; 1).

Those are some Quranic verses about divorce in the Quran. As Muslims, we must understand this.

Divorce in Hadith

The Hadith is the main reference for Muslims after the Quran. This means that if Muslims do not find a legal explanation in the Quran, they should look for an explanation in the Hadith if it exists. Likewise, there are explanations about divorce in the Hadith. Some Hadiths regarding divorce are 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, may Allah be pleased with them, that he divorced his wife while she was menstruating during the time of Allah's Messenger (Prophet Muhammad), and this was a single divorce. Umar ibn Khattab, may Allah be pleased with him, then asked the Messenger of Allah about this. The Messenger of Allah became angry and said: "Tell him to return to his wife (cancel the divorce), then tell him to maintain her until she is pure (after her menstruation), then she will have a second period, then she should become pure again. If after that he wants to keep her, then he may do so. If he wants to divorce her, then he may do that as well. 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: "Tell him to return to his wife and then divorce her while she is in a state of purity or when she is pregnant."

عَنْ عَائِشَةَ رَضِيَ اللهُ عَنْهَا أَنَّ رَسُوْلَ اللهِ صَلَّى اللهُ عَلَيْهِ وَ سَلَّمَ قَالَ : لَا طَلَاقَ وَلَا عَتَاقَ فِي إِغْلَاقٍ

From Aisha, may Allah be pleased with her, that the Messenger of Allah (Prophet Muhammad) said: "There is no divorce or freeing (of slaves) in a closed state."

One important aspect of the second Hadith regarding divorce that I want to explain is that there is a difference of opinion about the meaning of the phrase "in a closed state (إِغْلَاقٍ)" in the Hadith:

• Ash-Shafi'i, Masruq, Ahmad, Abu Daud, and Al-Qadli Ismail explain that what is meant by "in a closed state (إِغْلَاقٍ)" is anger. Thus, divorce is invalid in a state of anger.
• Some Islamic jurists explain that "in a closed state (إِغْلَاقٍ)" refers to insanity. Therefore, divorce is invalid if one is in a state of madness.
• Some other Islamic jurists explain that "in a closed state (إِغْلَاقٍ)" refers to compulsion. Therefore, divorce is not valid under conditions of necessity.

This is a brief explanation of divorce in hadith and divorce in Islam. As Muslims, we must understand this.

What Are the Rules of Divorce in Islam?

The second important point regarding "What are the rules of divorce in Islam?" that I will explain now is a specific answer. I want you to understand this clearly so that you have a complete grasp of our discussion.

If we read some Islamic legal literature on divorce, we will find that there are two primary rules regarding divorce in Islam:

• The husband who initiates the divorce must be baligh, not forced, and fully conscious.

The first rule states that the husband who issues the divorce must be baligh (of legal age), not coerced into divorcing, and aware that he is doing so. In other words, if your husband is immature, he cannot divorce you. If your husband is forced or unconscious, then the divorce is invalid, unless mandated by the court.

• The divorced wife must be in a state of purity and not after sexual relations.

The second rule is that the divorced wife must be in a state of purity and not following sexual intercourse. This means that if you are in an impure state, such as menstruating or after having had sexual relations with your husband, the divorce may be legally valid, but it is considered haram. Your husband cannot issue a divorce if you are menstruating or immediately after sex.

That is a brief explanation of "What are the rules of divorce in Islam?" along with some important points related to it. Do you understand? If you have any questions, please feel free to ask!

I think that’s enough for this article. I hope you find it useful. Ameen.

See you again in the next article!