Divorce

Islam is a practical religion that acknowledges the realities of human life. While marriage is sacred, Islam recognises that not all marriages can last. Divorce is therefore permitted as a reality of life, and this permission itself is a mercy, for it prevents prolonged unhappiness by allowing people to end marriages that have become a source of pain rather than peace.

Reflection period

The Qur'an establishes a slow pace to divorce in order to prevent rash decisions being made in the heat of the moment. The process begins for those men "...who abstain from their wives..." (2:226), then they are to "...be given four months..." (2:226) reflection time to consider their decision. "If they renounce..." (2:226) their decision and wish to reconcile within this period, then there is no harm done and they will continue as before. This initial phase is strictly for contemplation and reconciliation.

Divorce must not be taken lightly and should be the last resort. Attempts must be made by family members to reconcile between the spouses during the four month reflection period and only when those options have been exhausted, then divorce should be considered. The Qur'an advises "...if you fear a permanent rift between them, then send a judge from his family and a judge from her family. If they want to reconcile, then Allah will bring them together...." (4:35).

If, however, the four months pass and "...they insist on the divorce..." (2:227), the divorce is declared. The Qur'an makes it clear that this process of divorce "...may occur twice..." (2:229), each time allowing a breathing space and the subsequent four month reflection period for reconsideration and potential reconciliation without a new contract.

It must be made clear that nowhere does the Qur'an support the well-known 'triple-talaq' utterances practiced in parts of the Muslim world today. The Qur'an establishes that the three potential declarations of divorce are intended to be separate events, with the opportunity for reconciliation and a waiting period in between each one. This respects the entire lifespan of the marriage and means the individual declarations can be spaced out within one year or even over decades.

After the first or second declaration, the couple must either "...remain together equitably..." (2:229, 2:231) or "...part ways equitably..." (2:231) and "...with goodness..." (2:229). However, after the third process, there is no further opportunity for immediate reconciliation, as remarriage is no longer possible "...until after she has married a different husband..." (2:230), and then only if her new husband "...were to divorce her..." (2:230). 

If they choose the option of divorce, then the couple must "...part ways with goodness..." (2:229), showing there must always be mutual respect between the couple despite the challenging circumstances both parties are facing. 

The Qur'an gives a stern warning to those who intend to reconcile with their spouses only to "...harm them out of animosity..." (2:231) as Allah states by doing so, a person is "...doing wrong to his soul..." (2:231) and taking "...the revelations of Allah as mockery..." (2:231).

It is important to stress that a woman can also initiate a divorce by effectively ransoming herself out of an unhappy marriage. If she fears that she will "...not uphold the boundaries of Allah, then there is no sin upon them for what is given back..." (2:229) of the dowry and thereby initiating a divorce. Throughout the divorce process, the woman will have rights "...similar to those owed by them..." (2:228)

Waiting period

Once the four month reflection period has ended and the husband "...insist on the divorce..." (2:227), then there is a waiting period for the woman before she is able to marry another man. The waiting period is dependant on the situation the woman is in at the time of the divorce.

For women of child bearing age, they must "...wait for three menstruation periods..." (2:228). This is to ensure that she is not pregnant at the time of divorce, and if she were, then the identity of the father of the baby can be established. During this waiting period, the woman must be clear and transparent on her condition as "...it is not permissible for them to conceal what Allah has created in their wombs..." (2:228).

If it is established that the woman is pregnant before the expiration of the three menstruation periods, then their waiting period changes from three menstruation periods to "...until they give birth..." (65:4). 

"As for those who have reached menopause from your women..." (65:4), the waiting period "...shall be three months..." (65:4). This is only "...if you have any doubts..." (65:4), meaning if the woman was going through menopause recently. This three month waiting period can be forgone if it has been established the woman no longer menstruates. 

Finally, if the marriage is dissolved "...before having intercourse with them, then there is no interim required of them..." (33:49) essentially ending the marriage immediately without any requirement for the woman to observe a waiting period before remarriage..

All other women must observe the prescribed waiting period before finalising a new marriage contract.

Leaving the house

During the waiting period, the woman retains full rights to the marital home as before without any concessions. The Qur'an instructs the husbands "...do not evict them from their homes..." (65:1) and at the same time instructs the woman "...nor should they leave..." (65:1). This simply means that she should not relinquish her marital home as her permanent residence for the duration of the waiting period. The importance of this is reinforced when Allah instructs the husband "you shall let them reside in the dwelling you were in when you were together, and do not coerce them to make them leave..." (65:6). The wisdom behind this arrangement preserves dignity for both parties and provides a private space for reconciliation and out of the public eye. 

Some interpret these instructions to mean the woman is confined to the house during the waiting period and cannot physically leave. This interpretation is inconsistent given the context is one of eviction from the home and residency rights. Being locked up in the house would mean a woman potentially being under house arrest for up to nine months in situations where she is pregnant at the time of the divorce starting and "...until they give birth..." (65:4). This would cause all sorts of issues given that she will be pregnant. This would be akin to house arrest and a form punishment even though she is not at fault. The implications resulting from such confinement would go against the way of Allah who "...has made no hardship for you in the system..." (22:78). 

The command from Allah is to ensure that the woman retains the marital home as her permanent residence during the waiting period rather than a physical confinement that prevents her from stepping outside. The wisdom behind this is so that it does not make any potential future reconciliation difficult. Retaining the marital home guarantees stability which in the event the couple do choose to reconcile and '...remain together equitably...' (65:2), they can seamlessly carry on with their marital relationship as before without any change to their living arrangements.

Similar wording is used in regards to widows who are to "...be provided with support for one cycle, if they do not leave..." (2:240) from the deceased husbands estate. This does not mean that the woman's right to support ends as soon as she steps outside the house. Instead it means that she is entitled to stay in her marital home for up to one year and receive full support for doing so, essentially giving her this time to find a husband. The Qur'an then goes onto clarify that should she "...leave then there is no sin upon you for what they do with themselves of goodness..." (2:240). To 'leave' in this context means to remarry and relocate to her new husband's home which confirms that 'leaving' is linked to changing permanent residency status and not a restriction on movement.

Prohibition of harm

The Qur'an issues a warning to those who intend to reconcile with their spouses only to "...harm them out of animosity..." (2:231), noting that by doing so, a person is "...doing wrong to his soul..." (2:231). 

This prohibition extends to all forms of abuse and coercion, both physical and emotional. The command issued to husbands to "...not evict them from their homes..." (65:1) during the waiting period, and the reminder not to "...coerce them to make them leave..." (65:6), emphasises the obligation to maintain the wife's security and well-being even during separation. The overall command to "...part ways with goodness..." (2:229) makes it clear that causing harm to the spouse, whether verbally, emotionally, or financially, is a violation of Allah's commands.

Witnesses

The Qur'an requires that once the waiting period is completed, couples must "...either you remain together equitably, or part ways equitably..." (65:2). For those choosing to agree on divorce, then this decision must be "...witnessed by two just people from among you; and give the testimony for Allah..." (65:2). This is to ensure fairness is achieved in the divorce and to prevent harm on either party. Therefore, witnesses must always be independent and impartial.

Finance and support

The financial compensations due are set out in the Qur'an and are dependent on the stage of the marriage at the time of divorce.

If the marriage ends "...before having sexual intercourse with them..." (2:236, 2:237) and "...before setting the dowry for them..." (2:236), then the Qur'an instructs that the husbands should "...let them have recompense..." (2:236). Given that the dowry was not yet set, the Qur'an does not stipulate an amount but it does insist on fairness. The husband must give compensation based on his financial background, "...the rich according to his means, and the poor according to his means..." (2:236, 65:7). This is a praiseworthy action with Allah as it is "...a responsibility for the good doers" (2:236).

If the marriage ends "...before having sexual intercourse with them..." (2:236, 2:237) and "...you have already set the dowry for them..." (2:237), then the husband "...must give half of what you have agreed unless they forgive or the guardian over the marriage contract forgives..." (2:237). Although the woman is entitled to half the dowry amount, the Qur'an makes it clear that for her to forgive the dowry in full "...is closer to righteousness..." (2:237). This makes perfect sense, as the woman has played no active part in married life up until this point. On the other hand, there is no harm in taking the compensation in full as it is her right to do so.

If the woman is observing any of the waiting periods mentioned previously, then the husband must "...let them reside in the dwelling you were in when you were together, and do not coerce them to make them leave..." (65:6) meaning they must be supported in exactly the same way as prior to the divorce. "The rich shall provide support in accordance with his means, and the poor shall provide according to the means that Allah bestowed upon him..." (65:7, 2:236). In the case of waiting periods where the woman is pregnant, then the husband "...shall spend on them until they give birth..." (65:6).

In such cases, providing support to the divorced women is not an option for the husband as the Qur'an clearly states that "...for those divorced, to have support in goodness is an obligation upon the righteous" (2:241).

Children

The Qur'an places children's welfare above parental disputes. Mothers have the right to nurse "...their children two full cycles, if they wish to complete the suckling..." (2:233) and during this time, fathers are "...responsible for both their provisions and clothing equitably..." (2:233). In this context, two full cycles refers to two full years, and provisions are for both the mother and the child. The Qur'an says that if the mother decides to nurse the child, then the father of the child "...shall give them their due payment..." (65:6). The financial support must always be fair and not excessive in any way as Allah says "...a soul is not burdened except with what it can bear..." (2:233). If the father passes away during the nursing period, then the guardian of the child has "...the same requirement..." (2:233) to provide for the mother of the child under the exact same terms. 

Additionally, the Qur'an categorically states that "...no mother shall be harmed because of her child, nor shall a father be harmed because of his child..." (2:233). This is a general statement but in the modern world, this would cover things such as disputes over child maintenance or visitation rights.

If the parents agree to end the nursing period before the two year period is completed, they may do so as long as it is done "...out of mutual agreement and counsel..." (2:233). Otherwise, for the father to unilaterally terminate the two year nursing period would be deemed sinful for him.

If the mother does not wish to or cannot undertake the nursing period, then the father can "...hire nursing mothers..." (2:233) as "...another woman may nurse the child" (65:6). However, this can only be done if the mother agrees to it as she has the first right "...to complete the suckling..." (2:233). Once again, the father is financially responsible in all cases of nursing and he must always "...give them their due payment..." (65:6).

Throughout the nursing period, both parents "...shall maintain the amicable relations between..." (65:6) themselves. Should the mother remarry during this nursing period, the father must continue to provide welfare for the child as he will always responsible for his own child.

Remarriage

Divorce is always a traumatic event but it does not mean the divorced parties cannot remarry. Throughout the waiting period, it is possible for the woman to arrange marriage for herself. Potential suitors can either "...openly propose marriage to the women, or you keep it between yourselves..." (2:235) during the waiting period, but Allah categorically states "...do not meet them secretly..." (2:235) as the divorce process is still ongoing, unless "...you have something righteous to say..." (2:235). Secret meetings are possible as long as both parties have honourable intentions and do not engage in any immorality. We should always be aware of this as "...Allah knows what is in your souls, so be aware of Him..." (2:235).

Although marriage proposals can be made, and details of any future marriage contracts can be arranged  during the waiting period, the two people cannot "...finalise the marriage contract until the interim in the book is reached..." (2:235) i.e. until the full waiting period has been observed.

As for re-marriage between ex-spouses who have completed the divorce process in full previously, then this is not possible for them to be married once again "...until after she has married a different husband..." (2:230) and then, only if her current husband "...were to divorce her..." (2:230). This ruling also clarifies that a woman can only be married to one man at any one time.

No current or ex-husbands have the right to "...make difficulty for them if they wish to remarry their husbands if they have amicably agreed among themselves out of what is best..." (2:232) provided the correct waiting periods have been observed.

Immorality & Adultery

In cases where a woman has been found guilty of any immorality but not adultery, and which leads to the husband divorcing his wife, then the wife loses her right to stay in the marital home as the Qur'an instructs the husbands not to evict their wives "...unless they commit an evident immorality..." (65:1). Even the dowry can be retained by the husband if "...they commit a clear immorality..." (4:19).

When it comes the most serious form of immorality; adultery, then the consequences are far more severe. If either party in a marriage is convicted of adultery, then the couple become divorced with immediate effect as "...such has been made forbidden for the believers" (24:3). The person convicted of adultery may remarry but "the adulterer will only marry an adulteress or she who is a polytheist. And the adulteress, she will only be married to an adulterer or he who is a polytheist..." (24:3).

We discuss immorality in detail in our article here.

Conclusion

The Qur’an repeatedly calls couples to either remain together equitably or part ways with goodness. Divorce is framed as a process of dignity, fairness, and hope. Believers are reminded that perhaps "...Allah will make something come out of this" (65:1) challenging time. Despite the difficult circumstances for both parties, those who continue to revere Allah throughout this process, then Allah "...will create a solution for him" (65:2) and "...Allah will provide ease after difficulty..." (65:7).

Thus, even in separation, mercy and justice remain the main principles, ensuring that the process protects dignity, secures fairness, and upholds compassion for all involved.