Divorce, a topic often shrouded in taboo and secrecy, is a reality that many couples may face. The dissolution of marriage in Islamic law holds unique significance, governed by a set of rules and regulations that aim to provide clarity and fairness to both parties involved. The rising Muslim divorce rate has sparked a growing interest in understanding the finding of the right partner, nikah, khula, and divorce rules in Islam.
Muslim divorce rules encompass various modes of dissolution, each with its complexities and considerations. Understanding these rules is crucial for individuals navigating this journey, whether they seek closure from an irreparable relationship or aspire to move forward with their lives through Islamic teachings.
In this article, we delve into the intricacies of divorce rules in Islam, what is ruju after talaq, and explore how to get a Muslim divorce. we aim to provide readers with comprehensive insights into this significant aspect according to the Hanafi School of Thought. Whether you are contemplating seeking a divorce or simply seeking knowledge on this subject, join us as we unravel the complexities surrounding divorce rules in Islam and empower individuals with valuable information for making informed decisions during these challenging times.
Divorce Meaning
The term ‘Talaq’ is used for divorce in Arabic, which Imam Raghib explains as freeing or untying the knot. In legal terms, talaq refers to the dissolution of marriage or the invalidation of its legality through specific verbal declarations.
See also how to bind a marriage relationship according to the Sunnah.
Types of Divorce in Islam
There are three different types of divorce in Islam:
- Ahsan: which is the most commendable.
- Hasan: which is commendable.
- Bid’a: which is irregular.
Let’s explore in detail, what are the three types of divorce:
1. Talaq e Ahsan
The most commendable form of divorce, known as Talaq e Ahsan, occurs when a husband initiates divorce by uttering a single pronouncement during the period of Tuhar (when she is free from menstruation), and he has not engaged in sexual intercourse with his wife. Following this, the wife observes her Iddah period (three menstrual cycles, if she is normal). Therefore, the marriage will end as soon as the Idda period is over.
In this way, the man will have the right to intimate during the Iddah or to remarry after the Iddah ends (ruju after talaq). It is exactly according to the divorce rules in Islam. Now the question is how long is iddah for divorce? Some rules are discussed in detail, regarding iddat after talaq, in the divorce process section of this article.
2. Talaq e Hasan
The second way of giving divorce is to give a divorce in every state of purity. In this way, three divorces should be given in three Tuhar (state of purity). It is not good to give a divorce in this way because after three divorces it will not be possible to remarry a woman without Halalah Shariah.
3. Talaq e Bid’a
There are various forms of Talaq e Bid’a, which breach the divorce rules in Islam. These all forms of divorce are highly disliked and sinful. However, divorce will be valid in all these ways. These forms of divorce are as follows:
- to give three divorces simultaneously with the same word
- to give three separate divorces in the same sitting
- to divorce a woman in the state of menstruation whether it is one or more
- to give divorce in a tuhar in which the woman has been in touch.
Divorce Process in Islam
The divorce process is so simple and easy. If every Muslim will understand the whole process. It will a cause to reduce the divorce rate in Islam. So every Muslim should understand these simple and easy divorce rules in Islam.
When the disagreement between the husband and wife becomes so severe that it is not possible to live together, one or a few people from both sides should gather and consider the reasons for the disagreement only for the sake of Allah. If there is fear that they may harm each other in case of keeping them together, then divorce is a solution.
3 Step Divorce Process in Islam
- If the husband has decided to divorce his wife, then first of all he has to see if his wife is not in the period of menstruation. If the wife is menstruating, she should wait for the period to end (Tuhar).
- Divorce once, after the end of menstruation, without having intercourse. It is discussed in the verse of Quran about divorce, “O Prophet! (Say to the Muslims) When you want to divorce women, divorce them during the period of their purity and count the iddah”. (Surah Talaq:1).
- The method of divorcing the wife according to the Idda is to divorce the wife without touching her during the days of Tuhar (purity), then leave her until the Iddah (3 menstrual cycles) is completed. If you wish to return before the Iddah is completed, can do so. Now you have lost the right of one divorce out of three.
- By giving one divorce, Talaq e Raji takes place, after which the husband and wife have the right to reconcile during the days of Iddah. If there is a case of recourse, then it is correct, otherwise, no further divorce should be given until the period of Iddah is completed. The marriage will be terminated on completion of the Iddah, the wife will be free to remarry, whether she contracts a new marriage with her former husband or marries another man according to the law. There will be no need to give second and third talaq on completion of Iddah.
- If women wish to return after completion of Iddah, remarriage can also be done in the presence of new mahr and witnesses. The same process can be repeated for the second and third divorce. After the third divorce woman can not remarry with same husband unless she marries another man. (Al Baqarah 230). It means that a woman has lost his right to recourse (ruju after talaq).
Iddah Rules
- After the divorce, the wife will spend the days of Idda in her husband’s house.
- The Idda of a woman who menstruates properly is three menstrual cycles.
- The Idda of woman who does not menses due to illness, youth, or old age, is three months.
- The Idda of a pregnant woman is the birth of a child.
- If a newly married couple gets divorced before having sex, then the wife does not need any Idda.
Expiation for divorce
There is no expiation for divorce in Islamic Shari’ah, after the first and second divorce, there is scope for remarriage before the end of the period of Iddah and renewal of marriage after Iddah.
Rule of thrice divorced
Triple or thrice divorce results in a talaq-e-mughlaza, after which the wife becomes haram forever, this haram does not end with any expiation. This is known as irrevocable divorce in Islam. If someone thrice divorced an innocent wife without any reason, he should ask for forgiveness from the wife and repent to God Almighty as he breaks the divorce rules in Islam
Rights of Woman after Divorce in Islam:
Islam gives some rights to Muslim divorcee regarding her maintenance and feeding of children in detail:
Payment of mahr (marriage gift)
The husband is commanded to give mahr if it is outstanding as a whole or any portion of it.
Returning wedding gifts after divorce
It is a sin to demand back any gift which is given to a wife. Allah says in the Quran:
And if you want to exchange one wife for another and you have given her a lot of wealth, do not take back any of it, do you want to take that wealth (back) through wrongful accusation and open sin. (Al-Nisa:20)
Right of maintenance
A woman has a right of maintenance for herself if she remains with her husband during the period of Iddah. And a right of compensation for pregnancy and breastfeeding expenses, whether she remains or not with her husband.
Dissolution of Marriage vs Divorce
There is a difference between divorce and dissolution of marriage. Divorce is a step-by-step process. Which is mentioned in Quran and Hadith whereas dissolution of marriage is to termination of marriage contract.
FAQs on Divorce Rules in Islam
Is forced divorce valid in Islam?
Yes! Divorce is valid even if it is forced.
Does talaq count in anger?
Yes! Divorce is valid even if it is given in anger.
Can a woman ask for divorce in Islam?
Answer: Yes! if wife is not happy with husband, Islam gives her the right to obtain a divorce from her husband by mutual consent or through counter petition for dissolution of marriage. It is known as Khula in Islam.
Can a husband divorce his pregnant wife in Islam?
It is a sin to divorce a wife when she is pregnant or under her menstruation period.
Is a wife automatically divorced after long separation in Islam?
There is no concept of automatic divorce in Islam due to the long separation between husband and wife. However, there are some guidelines regarding how long a husband and wife can live separately in Islam.
How long is iddah period for divorce?
The iddah period for divorcee is mentioned in the Quran, which is three menstrual cycles or three months.
What is ruju after talaq?
When a man divorces his wife once or twice, he has the right to intimate during the Iddah and to remarry after the Iddah ends it is called ruju.
Conclusion
In conclusion, the rules surrounding divorce in Islam are rooted in the principles of justice, compassion, and mutual respect. While divorce is permissible, it is considered as a last resort, and efforts to reconcile are encouraged. The process involves careful consideration of the rights and responsibilities of both parties, with an emphasis on protecting the well-being of any children involved. Ultimately, understanding these rules can help individuals navigate the difficult process of divorce with dignity and fairness. Those facing divorce need to seek guidance from divorce rules in Islam and approach the situation with patience and wisdom.