Arabian Tongue Institute Blog (Divorce in Islam )

Divorce in Islam

Marriage is indeed a sacred bond that brings together a man and a woman by virtue of the teachings of the Quran and the Sunnah. Thus, each partner in this sacred relationship must treat the other beautifully and properly but unfortunately things don't always go right.

The Arabic word for divorce is talaq which means "freeing or undoing the knot"

Islam tolerates divorce and separation of a husband and wife under specific conditions; however, Islam regards divorce as abhorrent and reprehensible.

 Prophet Muhammad (peace and blessings be upon him) cautioned against senseless exercise of divorce when he said, “Among lawful things, divorce is most hated by Allah.” (Abu Dawud)

If the spouses pursue a divorce, the Quran encourages the parties to attempt to mediate their problems rather than rush into a situation where there is a contested trial. Both spouses are to appoint an arbitrator to determine how property should be divided and how issues regarding their children should be decided. Both spouses and the community are involved in this process

Divorce is of three kinds: the Ahsan, or most laudable, the Hasan, or laudable, and the Bid'a or irregular.

Talaq Ahsan or the most laudable divorce is where the husband repudiates his wife by making one pronouncement within the term of Tahr (purity. when the woman is not passing through the period of menses) during which he has not had sexual intercourse with her, and she is left to observe her 'Idda.

Talaq Hasan or laudable divorce is where a husband repudiates an enjoyed wife by three sentences of divorce, in three Tuhrs

Talaq Bid'a or irregular divorce is where a husband repudiates his wife by three divorces at once. According to the majority of the jurists, the Talaq holds good, but it is against the spirit of the Shari'ah, and, therefore, the man who follows this course in divorce is an offender in the eye of Islamic Law

Islam outlines certain steps that need to take place both before, during, and after a divorce. The needs of both parties are considered. Any children of the marriage are given top priority. Guidelines are given both for personal behaviour and the legal process. Following these guidelines may be difficult, especially if one or both spouses feel wronged or angry. Strive to be mature and just. Remember Allah’s words in the Quran: “The parties should either hold together on equitable terms or separate with kindness.” (Surah al-Baqarah, 2:229)