First, I want to clarify the concept of Triple Talaq wich is a form of instant divorce in Islamic law, which has been banned in countries such as Saudi Arabia and Egypt. The practice is not directly mentioned in the Qur’an or hadiths. The permission for Triple Talaq was given during the time of Abu Bakr, as per some hadiths. It is still practiced in some Muslim societies today, but only in serious matters where the husband and wife do not wish to live together anymore. In such cases, society members will decide whether it is necessary to end the marriage. However, if both husband and wife are not willing to live with each other, Triple Talaq is allowed.
What are the Rules of Divorce in Islam
In Islam, divorce is only allowed under certain circumstances where a problem arises between a husband and wife.
here are a few examples of circumstances in which divorce may be permitted in Islam:
- Adultery: If a spouse is found to have committed adultery, the other spouse may seek a divorce.
- Abuse: If a spouse is physically or emotionally abusive, the other spouse may seek a divorce.
- Irreconcilable differences: If there are fundamental differences between the spouses that cannot be resolved through mediation or counseling, divorce may be permitted.
- Abandonment: If a spouse has abandoned the other for an extended period of time without a valid reason, divorce may be permitted.
- Addiction: If a spouse is addicted to drugs, alcohol or other substances and refuses to seek treatment, divorce may be permitted.
- Incompatibility: If the spouses are fundamentally incompatible and cannot establish a healthy and productive relationship, divorce may be permitted.
Therefore, spouses have the option to separate from each other. However, there are rules regarding divorce that are based on Islamic law or determined by the country’s court system. Islamic law sets guidelines for divorce, which require the husband to follow a certain procedure before pronouncing the divorce. The husband must make two attempts to reconcile with his wife, with a waiting period of at least three months in between. If reconciliation fails, then the husband may pronounce the divorce. However, even after the pronouncement of divorce, the couple has a waiting period of three months before the divorce is final, during which time they can reconcile without the need for remarriage. If a divorce case goes to court, the judge will consider the relevant Islamic laws and the country’s legal system to decide the case. It is important to note that divorce should be a last resort and efforts for reconciliation should be made first.
The important Commandment: Resolve the Issue
📖Quran 4:34
And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them. Indeed, Allah is ever Knowing and Acquainted [with all things].
- The mentioned Quranic verse suggests that if there are problems or conflicts between a husband and wife, involving representatives from both families or communities can help in resolving the issues. These representatives act as mediators to facilitate communication, understanding, and reconciliation between the couple, with the ultimate aim of fostering harmony.
Quranic Instruction on Divorce and Waiting Period
📖Quran 65:1
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.
📖Sahih al-Bukhari 5251
Narrated `Abdullah bin `Umar: that he had divorced his wife while she was menstruating during the lifetime of Allah’s Messenger (ﷺ) . `Umar bin Al-Khattab asked Allah’s Messenger (ﷺ) about that. Allah’s Messenger (ﷺ) said, “Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced.
In this Hadith Sahih al-Bukhari regarding the waiting period (Iddah) following a divorce initiated by saying “1st talaq” (first divorce). To reiterate:
1. The husband is advised to take back his wife during her menstrual cycle.
2. He should keep her until she is clean from her menstruation.
3. Then, he should wait until she undergoes another menstrual cycle and becomes clean again.
- During this waiting period, the husband is encouraged not to engage in sexual relations with his wife. The waiting period, lasting for three menstrual cycles wich is most commonly 90 days, serves various purposes, including ensuring there is no pregnancy, allowing for emotional adjustment, and providing an opportunity for reconciliation. If reconciliation is sought, it should be done within this waiting period. If not pursued, the divorce is finalized after the completion of the waiting period.. In addition to the mentioned guidance, it’s emphasized in the context of the hadith that if the husband engages in sexual intercourse with his wife during the waiting period without following the prescribed rules, it renders the initial pronouncement of “1st talaq” (first divorce) invalid. Consequently, if the husband intends to divorce her again, it will be counted as the first talaq, as the initial one was automatically canceled due to not following the prescribed rules during the waiting period. This underscores the importance of adhering to the proper procedures during the waiting period following a divorce pronouncement.
📖Quran 65:4
And those who no longer expect menstruation among your women – if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allāh – He will make for him of his matter ease.
- This verse refers to the waiting period until remarriage (‘iddah) for divorced “women,” who are by definition adults. It does not use the word for children or prepubescent girls. The verse merely delivers a practical rule for determining the waiting period for any divorced woman who, for whatever reason, does not menstruate. A woman might not menstruate for several reasons, because she is too old to menstruate or has a physical disorder that prevents or delays ordinary menstrual cycles. As such, the verse covers all of these cases in a general sense.
Does a triple divorce count as three or one?
It is not permissible to give an instantaneous divorce according to the Hadith of Prophet Muhammad. However, a triple divorce can be counted as three at once under certain circumstances. For example, if there is a serious issue such as physical abuse by the husband or if both spouses agree that they cannot live together, then this can become a serious problem. In such cases, if the families of both the husband and wife come together and decide that they must separate, then it is permissible to give triple talaq at once, and it will count as three.
📖Sahih Muslim 1472 b
Abu Sahba’ said toIbn ‘Abbas (Allah be pleased with them): Do you know that three (divorces) were treated as one during the lifetime of Allah’s Apostle (ﷺ), and that of Abu Bakr, and during three (years) of the caliphate of Umar (Allah be pleased with him)? Ibn Abbas (Allah be pleased with them) said: Yes.
- According to this hadith, if a man says “I divorce you” three times in a single sitting, it is considered as one divorce. For example, if a husband says, “I divorce you, I divorce you, I divorce you” in one instance, it is counted as a single divorce. A single divorce means that the husband has pronounced the word “divorce” once, and it is considered as the first of the three permissible divorces in Islam. If he wishes to reconcile, the couple can do so without the need for a new marriage contract. However, if the husband decides to divorce again, there are two more pronouncements allowed before it becomes irrevocable, and the couple cannot reconcile without a new marriage contract and a separate intention to marry.
📖Sunan Abi Dawud 2196
The Prophet (ﷺ) said to Abdu Yazid: Divorce her. Then he did so. He said: Take your wife, the mother of Rukanah and his brothers, back in marriage. He said: I have divorced her by three pronouncements, Messenger of Allah. He said: I know: take her back. He then recited the verse 65:1 “O Prophet, when you divorce women, divorce them at their appointed periods.
- In this hadith Prophet Muhammad instructs a man named Abdu Yazid to take back his divorced wife, despite having given her three pronouncements of divorce. The Prophet quotes a verse from the Quran which advises to divorce women during their appointed periods.
Abu al-Sahba’ said to Ibn ‘Abbas:
Enlighten us with your information whether the three divorces (pronounced at one and the same time) were not treated as one during the lifetime of Allah’s Messenger (ﷺ) and Abu Bakr. He said: It was in fact so, but when during the caliphate of ‘Umar (Allah be pleased with him) people began to pronounce divorce frequently, he allowed them to do so.
- It is important to note that the statement referred to as Sahih Muslim 1472c is not a word of Prophet Muhammad, but rather a word of Umar R.A . This practice was permissible during the time of Umar R.A and it is still considered legal, but only in serious matters. However, if the matter is not serious, and if someone gives an instantaneous triple divorce without informing both family members, or the nearby Muslim community, then this divorce will be counted as one. For example: pronouncing the term “divorce” three times in one instance was treated as a single divorce, not three separate divorces. So, according to this understanding, after such an utterance, two divorces would remain in terms of legal consequences.
📖Sunan Ibn Majah 2047
It was narrated from “Amr bin Shu’aib, from his father, from his grandfather, that: the Messenger of Allah said : “There is no divorce regarding that which one does not possess.
- The specific mention of “that which one does not possess” in the hadith suggests a broader context, possibly including situations where a person may lack control or ownership, including matters influenced by anger. In such cases, the hadith emphasizes the importance of having legitimate authority or ownership before considering divorce. It underscores the idea that divorce should be based on valid grounds and proper jurisdiction rather than impulsive emotions like anger.
📖Sunan an-Nasa’i 3401
Makhramah narrated that his father said: I heard Mahmud bin Labid say: ‘The Messenger of Allah was told about a man who had divorced his wife with three simultaneous divorces. He stood up angrily and said: Is the Book of Allah being toyed with while I am still among you? Then a man stood up and said: ‘O Messenger of Allah, shall I kill him?’
- According to this hadith, simultaneous divorces are not permissible at all. It is only considered legal in certain situations when the matter is serious between the husband and wife, and both do not wish to live together. If a husband issues simultaneous divorces in anger, this type of divorce is invalid.
📖Quran 2:228
Divorced women remain in waiting for three periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.
- It is important to note that modern pregnancy tests are designed to detect pregnancy hormones in a woman’s body shortly after conception, typically within days to weeks after sexual intercourse. These tests have made it possible to determine pregnancy relatively soon after engaging in sexual activity. In the Quran, the timeframe mentioned is 3 months, and if a husband follows the term and says the first & second talaaq to his wife, there has to be a new marriage contract. In this case, he has to propose marriage like any other man, to her guardian and to her. When she and her guardian agree and they agree upon a mahr, then the marriage contract is completed. That must be done in the presence of two just witnesses 👇
📖Quran 65:2
And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah . That is instructed to whoever should believe in Allah and the Last day. And whoever fears Allah – He will make for him a way out.
- But if the divorce is the final – i.e., third – divorce, then she becomes haraam for him until another man has married her, because Allah says (interpretation of the meaning):
📖Quran 2:230
And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband
📖Sahih al-Bukhari 5261
Narrated `Aisha: A man divorced his wife thrice (by expressing his decision to divorce her thrice), then she married another man who also divorced her. The Prophet (ﷺ) was asked if she could legally marry the first husband (or not). The Prophet (ﷺ) replied, “No, she cannot marry the first husband unless the second husband consummates his marriage with her, just as the first husband had done.
- According to this hadith, when a husband and wife divorce each other, if the woman marries another man, she needs to live with her new husband, and they both need to consummate their marriage, just as the first husband had done. After that, if, due to any reason, the new husband divorces her or the woman divorces her new husband, she needs to wait another three months to determine if she is pregnant or not. After this waiting period, she can separate from her new husband and marry her previous husband.
Summary:
The question is why a husband and wife can’t remarry after completing the divorce successfully. The answer is they already get the time to resolve the issue, yet after that, they choose to separate. The wisdom behind this is to prevent divorce from being treated as a game, where couples divorce and come back together casually. There is a consequence to divorce, serving as a deterrent so that individuals carefully consider their decision before separating from each other. After all the chances to resolve the issue, if both husband and wife decide to separate, and it occurs, then it is not lawful to marry again. It is then up to the woman; she has the right to marry another man, and if her new husband divorces her due to any issues, then the previous husband can marry her. However, it is important to note that it is not allowed for someone to marry her again and immediately divorce her so that the previous husband can marry her. Such an action is not lawful and is forbidden 👇
Tahlil Marriage
📖Sunan al-Tirmidhi 1120 | An-Nasa’i, 3416
The Messenger of Allah, peace and blessings be upon him, cursed the one who marries a woman to overturn an irrevocable divorce (al-muhill) and the man for whom it is done.
- The hadith from Sunan al-Tirmidhī 1120 states that the Prophet Muhammad, peace be upon him, cursed the man who marries a woman with the intention of divorcing her immediately so that she can remarry her former husband (known as al-muhill), as well as the man for whom it is done. This practice is considered forbidden in Islam and is condemned by the Prophet.
Reference: What Is Tahlil Marriage?
Simultaneous pronouncements can separate husband and wife
As mentioned in our article, if someone says “I divorce you, I divorce you, I divorce you” three times in anger or jest, it is not valid and does not result in separation. However, if a husband utters these words in anger and later, when calm, confirms their truth, expressing that he still does not want to live with his wife, then this constitutes a valid divorce. In fact, he has disobeyed Allah and even Prophet Muhammad, and he will be accountable for his mistake. Allah will judge him on the Day of Judgment because he has disobeyed Him.
📖Sunan an-Nasa’i 3557
When Ibn ‘Umar was asked about a man who divorced his wife when she was menstruating, he would say: “If it is the first or second divorce, the Messenger of Allah would tell him to take her back and keep her until she has menstruated again and purified herself, then divorce her before having intercourse with her. But if it was three simultaneous divorces, then you have disobeyed Allah with regard to the way in which divorce should be conducted and your wife has become irrevocably divorced.
- Disobeying what Allah has said is a personal matter, and it has nothing to do with religion; rather, a person himself has disobeyed his Lord and decided to divorce his wife without following the rules that have been commanded. Divorce is allowed because of certain issues, for example: a husband not taking care of his wife, a husband causing harm to his wife without any reason, a husband drinking alcohol or having relationships with other girls, etc. In the same way, a wife may not take care of her husband or may not follow something if her husband instructs her to do so, or there may be family problems. Maybe a woman has a relationship with someone else. In such cases, divorce is necessary, which can solve problems between husband and wife.
The Importance of Avoiding Hasty Divorce in Islam
Divorce is a complex and serious process that can have a profound impact on the lives of those involved. While it is allowed in certain situations, Islam regards divorce as a detestable act that should not be taken lightly. When a person gives a divorce, it is not an easy path to remarry. Rules have been established to prevent people from giving a divorce hastily and repeating it frequently. Therefore, it is highly recommended that individuals try to resolve any issues that they may be facing among themselves before resorting to divorce. By taking a serious approach to their problems and attempting to work through them together, individuals can avoid the need to go through the painful and disruptive process of divorce. Ultimately, divorce should be seen as a last resort, something to be avoided unless absolutely necessary, in order to preserve the sanctity of marriage and protect the well-being of all parties involved.
📖Sunan Ibn Majah 2018
The Messenger of Allah said: “The most hated of permissible things to Allah is divorce.
Forbidding Taking Women As Property
📖Quran 4:19
O you who believe, it is not lawful for you that you should forcibly take women as inheritance. Do not hold on to them so that you may take away some of what you have given them, unless they commit a clearly shameful act. Live with them in the recognized manner. If you dislike them, then it is quite likely that you dislike something and Allah has placed a lot of good in it.
- This verse from the Quran, chapter 4 verse 19, addresses the believers and instructs them that it is not permissible for them to inherit women forcibly, i.e., to take them as property. It is also forbidden to take back the gifts or dowry given to them, except in cases where they have committed a clear act of indecency or immorality. The verse emphasizes the importance of treating women with respect and dignity and not using them as objects to satisfy one’s desires or needs. The verse further instructs that if one is married to a woman, they should live with her in a recognized and honorable manner, as prescribed by Islamic teachings. The verse reminds believers that they should strive to find good in their spouses and not dislike them for trivial reasons, as Allah has placed a lot of good in them. Overall, this verse emphasizes the importance of treating women with kindness and respect, and maintaining a healthy and loving relationship with one’s spouse.
Women’s Right to Divorce
📖Quran 2:229
If you both 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.
- The verse states that if both the husband and wife fear that they will not be able to uphold the limits of Allah (meaning they are unable to fulfill their marital obligations or responsibilities), then there is no blame upon either of them if the wife repays some or all of the mahr (dowry) that was given by the husband. This is referring that the wife has the right to request a divorce, and if the conditions are met, then the husband cannot prevent her from doing so.
📖Quran 4:128
And if a woman fears from her husband contempt or evasion, there is no sin upon them if they make terms of settlement between them – and settlement is best. And present in [human] souls is stinginess. But if you do good and fear Allah – then indeed Allah is ever, with what you do, Acquainted.
- This verse recognizes that women have the right to seek divorce or reach a settlement if they fear mistreatment or avoidance from their husbands. The verse suggests that such matters should be resolved through peaceful negotiation and that it is not a sin for the couple to agree on a settlement. This verse acknowledges the importance of treating women with respect and fairness in marriage and ensuring that their rights are protected.
📖Sunan Abi Dawud 2226
The Prophet (ﷺ) said: If any woman asks her husband for divorce without some strong reason, the odour of Paradise will be forbidden to her.
📖Quran 4:19
O you who have believed, it is not lawful for you to inherit women by compulsion. And do not make difficulties for them in order to take [back] part of what you gave them unless they commit a clear immorality. And live with them in kindness. For if you dislike them – perhaps you dislike a thing and Allah makes therein much good.
- This verse means that in Islam, when seeking a divorce, one should not make life difficult for their spouse. It’s called “Illa.” The husband cannot purposely create a reason for divorce by treating his wife unfairly. Divorce should be carried out fairly and justly, with both parties having rights and responsibilities. Islam stresses the significance of treating one’s spouse with kindness and respect, and divorce should only be considered as a last option after all attempts at reconciliation have failed.
Divorce should be carried out following the Sunnah
📖Sunan Ibn Majah 2021
It was narrated that ‘Abdullah said: “Divorce according to the Sunnah means divorcing her with one divorce in each cycle when she is pure, then when she becomes pure the third time, then he pronounces divorce again, and after that she must wait one more menstrual cycle.
Divorce in the Bible: Understanding Biblical Perspectives
There is no explicit concept of divorce in the New Testament Bible. Instead, it is highly recommended for spouses to live together, even if they are unhappy with each other or facing difficulties in their marriage. In cases where one spouse harms the other, separation is still not allowed. However, in certain circumstances, divorce is permissible. For example, in Matthew 5:32 and 19:9, Jesus allows for divorce in cases of adultery or sexual immorality.
Is divorce allowed in Christianity?
📖Matthew 19:9
I tell you that anyone who divorces his wife, except for sexual immorality, and marries another woman commits adultery.
- Divorce is only allowed if a spouse engages in sexual immorality, the other partner may be justified in seeking a divorce without being considered to have committed adultery. It is important to note that only men are allowed to divorce their wives if they find their spouses engaging in sexual immorality but If anyone divorces their wife for reasons other than sexual immorality, it is considered adultery.
Can someone marry the divorced woman?
📖Luke 16:18
Anyone who divorces his wife and marries another woman commits adultery, and the man who marries a divorced woman commits adultery.
- Marriage to divorced women is considered adultery, making it entirely forbidden for a man to remarry, he lacks the right to marry again also If a man marries a divorced woman, it is noted because a previous verse specifies that when someone divorces his wife, it is only allowed if the wife commits adultery. This implies that if I have a wife and discover she committed adultery, I have the right to divorce her. However, another man can’t marry her because she committed adultery. If anyone marries her, he also commits adultery. This command appears to conflict with human rights. How can it be adultery if my wife commits adultery, and if I divorce her, and another man marries her to take care her, and my wife repents for her mistakes?
📖1 Corinthians 7:10-11
To the married I give this command (not I, but the Lord): A wife must not separate from her husband, But if she does, she must remain unmarried or else be reconciled to her husband. And a husband must not divorce his wife.
- This verse indicates that if a woman separates from her husband for any reason, she has no right to marry another man. It means that if any woman separates from her husband due to any reason, she has no right to marry another man. Instead, she needs to resolve the issue, and the husband has no right to divorce her.
📖Luke 20:28
If a man’s brother dies and leaves a wife but no children, the man must marry the widow and raise up offspring for his brother.
- According to this verse, if a woman was not divorced by her husband, and her husband dies, it is recommended for her to marry her brother-in-law. However, if her brother-in-law does not marry her, she has the right to marry any unmarried man because she wasn’t divorced due to adultery; rather, her husband died, and an unmarried man can marry her, It’s crucial to highlight that I included ‘unmarried man’ because the Bible lacks any reference to a married man, whose wife has died, having the right to marry another virgin or a woman whose husband died. While it could be permissible, such scenarios are not explicitly mentioned in the Bible
📖1 Corinthians 7:39
A wife is bound to her husband as long as he lives. But if her husband dies, she is free to be married to whom she wishes, only in the Lord.
- According to this verse, she had the right to marry based on her own wishes, but if her husband is alive and there are issues in the family, both aren’t happy; they had no right to divorce each other.
📖Romans 7:2-3
For a married woman is bound by law to her husband while he lives, but if her husband dies she is released from the law of marriage. Accordingly, she will be called an adulteress if she lives with another man while her husband is alive. But if her husband dies, she is free from that law, and if she marries another man she is not an adulteress.
- So basically In Christianity, women are considered to be submissive to their husbands, and they cannot seek divorce if their husbands are bad. Similarly, husbands, according to Genesis, are expected to rule over their wives, and they do not have the right to divorce them. Instead, if there is an issue with his wife, the husband should rule over her rather than seek divorce.
Women can lead you astray, just as Eve
📖2 Corinthians 11:2-13
I am jealous for you with a godly jealousy. I promised you to one husband, to Christ, so that I might present you as a pure virgin to him, But I am afraid that just as Eve was deceived by the serpent’s cunning, your minds may somehow be led astray from your sincere and pure devotion to Christ.
Women are sinners
📖1 Timothy 2:15
But women will be saved through 👉childbearing👈🏻—if they continue in faith, love, and holiness with propriety.
- Christians hold the belief that Jesus’ sacrifice on the cross provides salvation for their sins. However, these particular verses indicate that the consequences outlined in the Old Testament for Eve’s actions continue to affect women. It suggests that women cannot attain salvation solely through Jesus’ death. Instead, this verse propose that women can find redemption through the experience of childbirth, which is connected to the pain mentioned in Genesis 3:16.
Husbands are the heads of their wives
Husbands are the heads of their wives, and wives should obey their husbands, just as Jesus is obeyed. This is mentioned in 1 Peter 3:6, where Sarah called Abraham her Lord
📖1 Corinthians 11:3
New International Version
But I want you to realize that the head of every man is Christ, and the head of the woman is man, and the head of Christ is God.
📖Ephesians 5:22
Wives, submit to your own husbands, as to the Lord.
Who is responsible for the sin that entered the world?
📖Sirach 25:13 Catholic Biblie
Contemporary English Version
The breaking of your heart by an evil woman is the most painful of all injuries.
- This verse refers to Eve being responsible for the sin that entered the world. We can learn from Genesis 3:16 where it is mentioned that Eve ate the fruit, and as a consequence, she was punished. In the first punishment, it is stated that husbands will rule over their wives, and women will experience pain during childbirth.
Christian Separation from Non-Believers
📖2 Thessalonians 3:6
In the name of the Lord Jesus Christ, we command you, brothers and sisters, to keep away from every believer who is idle and disruptive and does not live according to the teaching you received from us.
- 2 Thessalonians 3:6 conveys Paul’s instruction to fellow believers to distance themselves from those who are idle, disruptive, and do not adhere to the teachings they have received. The term “idle” refers to individuals who are lazy, lacking in purpose, or neglecting their responsibilities within the community. “Disruptive” signifies those who cause division, discord, or disturbance among the believers.
Additional Information:
This article provides only an overview of information related to divorce in Islam. However, it is advisable to reach out to Islamic scholars for more accurate information. Keep in mind that, based on the Qur’an and Hadith, divorce should be done as I mentioned in this article. If anyone disobeys it, it’s a personal matter and not related to Islam. A person has the right to choose to disobey something due to free will; it is between the husband and wife and has nothing to do with Islam.
