Divorce (Islamic)
Encyclopedia
In Islam there are separate rules for divorce
for men and women under the terms of Islamic law
(sharia
). When a man has initiated a divorce
the procedure is called . When a woman has initiated a divorce it is called khula .
The rules for Islamic divorce vary among the major Islamic schools of jurisprudence
. Most importantly Shia and Sunni Muslim
s have different rules for performing an Islamic divorce. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq. Shi'a scholars view the triple talaq (in one sitting or at one time) as a pagan pre-Islamic custom, forbidden by Muhammad
, but reinstated by Umar ibn al-Khattab, and thus forbidden (haraam
). Sunni scholars agree to the facts, but deem it lawful (halal
) anyway.
In some Sunni schools of jurisprudence
, for example Shafi'i
, it is possible for a woman to petition a qadi
("judge of Muslim jurisprudence") for a divorce under certain conditions.
Shi'a practice requires two witnesses followed by a waiting period where the couple are supposed to try to reconcile with the help of mediators from each family. If the couple breaks the waiting period, the divorce is voided.
Since Shi'a view Islamic divorce as a procedure stemming from a conflict rather than a decision, they do not use the procedure to end a temporary marriage. The Shi'a annul the temporary marriage at the end of the period, without any divorce being involved, since there is not necessarily a conflict to resolve.
After the waiting period is over, the couple is divorced and the husband is no longer responsible for the wife's expenses.
is permitted, there is no waiting period before the husband can remarry. The wife must usually wait three months after the third talaq has been spoken before remarrying (this period is known as iddah).
The Talaq is endorsed by several scholars of the Sunni theology, and some in the Zaydi theology. It consists of the husband saying the phrase "I divorce you" (in Arabic talaq) to his wife, three times.
Shīʻa and Sunnī have different rules to engage a talāq. The talāq has three steps:
According to most Sunnī scholars it consists of:
According to most Shīʻa scholars:
The Triple Talaq in one sitting doesn't find any place in Quran and is termed as unIslamic.
The appropriate verses from the Quran are:
rules.
The relevant parts of the Qur'ān are:
In practice:
The relevant part of the Qur'ān is:
After divorce, Qur'an specifies responsibilities on divorcee and divorcer on behalf of their children. Qur'an also prohibits interventions from the previous husband in the divorced woman's life.
Following are some of the cases regarding child custody decided by Muhammad:
to seek a divorce
or separation from her husband. A Muslim woman may petition a qadi
to grant her divorce if the husband refuses. The waiting period (iddah
) of a woman who seeks a divorce is one menstrual cycle or one month if she is post-menopause
i.e. ceased menstruating. This is to ensure she is not pregnant. If the woman is pregnant, then the waiting period is until she gives birth. There is still the need for witnesses when seeking a khula as in a talaq.
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
for men and women under the terms of Islamic law
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
(sharia
Sharia
Sharia law, is the moral code and religious law of Islam. Sharia is derived from two primary sources of Islamic law: the precepts set forth in the Quran, and the example set by the Islamic prophet Muhammad in the Sunnah. Fiqh jurisprudence interprets and extends the application of sharia to...
). When a man has initiated a divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
the procedure is called . When a woman has initiated a divorce it is called khula .
The rules for Islamic divorce vary among the major Islamic schools of jurisprudence
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
. Most importantly Shia and Sunni Muslim
Muslim
A Muslim, also spelled Moslem, is an adherent of Islam, a monotheistic, Abrahamic religion based on the Quran, which Muslims consider the verbatim word of God as revealed to prophet Muhammad. "Muslim" is the Arabic term for "submitter" .Muslims believe that God is one and incomparable...
s have different rules for performing an Islamic divorce. Sunni practice requires no witnesses, and allows a husband to end a relationship by saying the triple talaq. Shi'a scholars view the triple talaq (in one sitting or at one time) as a pagan pre-Islamic custom, forbidden by Muhammad
Muhammad
Muhammad |ligature]] at U+FDF4 ;Arabic pronunciation varies regionally; the first vowel ranges from ~~; the second and the last vowel: ~~~. There are dialects which have no stress. In Egypt, it is pronounced not in religious contexts...
, but reinstated by Umar ibn al-Khattab, and thus forbidden (haraam
Haraam
Haraam is an Arabic term meaning "forbidden", or "sacred". In Islam it is used to refer to anything that is prohibited by the word of Allah in the Qur'an or the Hadith Qudsi. Haraam is the highest status of prohibition given to anything that would result in sin when a Muslim commits it...
). Sunni scholars agree to the facts, but deem it lawful (halal
Halal
Halal is a term designating any object or an action which is permissible to use or engage in, according to Islamic law. The term is used to designate food seen as permissible according to Islamic law...
) anyway.
In some Sunni schools of jurisprudence
Fiqh
Fiqh is Islamic jurisprudence. Fiqh is an expansion of the code of conduct expounded in the Quran, often supplemented by tradition and implemented by the rulings and interpretations of Islamic jurists....
, for example Shafi'i
Shafi'i
The Shafi'i madhhab is one of the schools of fiqh, or religious law, within the Sunni branch of Islam. The Shafi'i school of fiqh is named after Imām ash-Shafi'i.-Principles:...
, it is possible for a woman to petition a qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
("judge of Muslim jurisprudence") for a divorce under certain conditions.
Shi'a practice requires two witnesses followed by a waiting period where the couple are supposed to try to reconcile with the help of mediators from each family. If the couple breaks the waiting period, the divorce is voided.
Since Shi'a view Islamic divorce as a procedure stemming from a conflict rather than a decision, they do not use the procedure to end a temporary marriage. The Shi'a annul the temporary marriage at the end of the period, without any divorce being involved, since there is not necessarily a conflict to resolve.
After the waiting period is over, the couple is divorced and the husband is no longer responsible for the wife's expenses.
Talaq
The husband may initiate the divorce process by pronouncing the talaq, the formula of repudiation, three times. The first two times the talaq is pronounced, it may be withdrawn. But the third time it is pronounced, the divorce is irrevocable. There are a range of systems specifying the requisite formalities to complete an irrevocable divorce, i.e., whether some period of time must elapse between each pronouncement of talaq, whether there must be mediation, or the need for witnesses. In countries where polygamyPolygamy
Polygamy is a marriage which includes more than two partners...
is permitted, there is no waiting period before the husband can remarry. The wife must usually wait three months after the third talaq has been spoken before remarrying (this period is known as iddah).
The Talaq is endorsed by several scholars of the Sunni theology, and some in the Zaydi theology. It consists of the husband saying the phrase "I divorce you" (in Arabic talaq) to his wife, three times.
Shīʻa and Sunnī have different rules to engage a talāq. The talāq has three steps:
- Initiation
- Reconciliation
- Completion
Initiation
This is the stage where the talāq process is initiated.According to most Sunnī scholars it consists of:
- The husband saying talāq once in the presence of his wife.
According to most Shīʻa scholars:
- Making a public announcement that you are starting the divorce process.
The Triple Talaq in one sitting doesn't find any place in Quran and is termed as unIslamic.
- SuraSuraA sura is a division of the Qur'an, often referred to as a chapter. The term chapter is sometimes avoided, as the suras are of unequal length; the shortest sura has only three ayat while the longest contains 286 ayat...
65At-TalaqSurat At-Talaq is the 65th sura of the Qur'an with 12 ayat.- External links :* at Quran reading.uuuq* at Quran Explorer* quran institute* at Sacred Texts...
.1 (partial) translated by Shakir
- O Prophet! when you divorce women, divorce them for their prescribed time, and calculate the number of the days prescribed, and be careful of (your duty to) God, your Lord...
- SuraSuraA sura is a division of the Qur'an, often referred to as a chapter. The term chapter is sometimes avoided, as the suras are of unequal length; the shortest sura has only three ayat while the longest contains 286 ayat...
2Al-BaqaraSura al-Baqarah is the second and longest chapter of the Qur'an. It is a Medinan sura and comprises 286 verses, including the single longest verse in the Qur'an...
.228 (partial) translated by Shakir
- And the divorced women should keep themselves in waiting for three courses; and it is not lawful for them that they should conceal what God has created in their wombs, if they believe in God and the last day...
Reconciliation
- According to Sunnī and Shīʻa jurisprudence, the couple is supposed to try to reconcile during the waitingIddahIn Islam, iddah or iddat is the period a woman must observe after the death of her spouse or after a divorce, during which she may not marry another man. The period, three months after a divorce and four months and ten days after the death of a spouse, is calculated on the number of menses that a...
period, with the help of mediators from each family. If the couple breaks the waiting period by engaging in sexual intercourse, they are deemed to have been reconciled and the divorce is voided.
The appropriate verses from the Quran are:
- SuraSuraA sura is a division of the Qur'an, often referred to as a chapter. The term chapter is sometimes avoided, as the suras are of unequal length; the shortest sura has only three ayat while the longest contains 286 ayat...
4An-NisaSura An-Nisa is the fourth chapter of the Qur'an, with 176 verses. It is a Medinan sura...
.35 translated by Shakir
- And if you fear a breach between the two, then appoint judge from his people and a judge from her people; if they both desire agreement, God will effect harmony between them, surely God is Knowing, Aware.
- O you the Elevated and Chosen Servant of Allah! [inform about the procedural code] when you people, the husbands, pronounce decision of divorcing your such wives with whom you had maintained intimate matrimonial relations, for revoking Nikah then divorce your wives for their respective intervening time-interval [which is known to the respective husband; and this pronouncement will publicly suspend the peculiar right/permission granted by Nikah] and you husbands count down the intervening time period. [there is no intervening period which husbands need to count for such wives whom divorce is given without having intimate association [sexual intercourse and they can be honourably seen off instantly to her parent's house or to the one/place where she was a maid-servant-33:49]
- [divorce and counting intervening period is a serious matter] and you people, the divorcing husbands, remain cautious, heedful, afraid of Allah, your Sustainer Lord.
- You do not expel/exit the divorcee wives [during the intervening time-period] from THEIR homes,
Completion
After the completion of the talāq procedure, the couple are divorced, the husband is no longer responsible for the wife's expenses and she becomes non-mahram for him and so they must observe the hijābHijab
The word "hijab" or "'" refers to both the head covering traditionally worn by Muslim women and modest Muslim styles of dress in general....
rules.
- Shīʻa scholars understand that when the ʻidda is over, the talāq procedure is completed. Two witnesses ref are required to witness the completion of the talāq.
The relevant parts of the Qur'ān are:
- SuraSuraA sura is a division of the Qur'an, often referred to as a chapter. The term chapter is sometimes avoided, as the suras are of unequal length; the shortest sura has only three ayat while the longest contains 286 ayat...
65At-TalaqSurat At-Talaq is the 65th sura of the Qur'an with 12 ayat.- External links :* at Quran reading.uuuq* at Quran Explorer* quran institute* at Sacred Texts...
.2 translated by Shakir
- So when they have reached their prescribed time, then retain them with kindness or separate them with kindness, and call to witness two men of justice from among you, and give upright testimony for God. With that is admonished he who believes in God and the latter day; and whoever is careful of (his duty to) God, He will make for him an outlet.
- SuraSuraA sura is a division of the Qur'an, often referred to as a chapter. The term chapter is sometimes avoided, as the suras are of unequal length; the shortest sura has only three ayat while the longest contains 286 ayat...
2Al-BaqaraSura al-Baqarah is the second and longest chapter of the Qur'an. It is a Medinan sura and comprises 286 verses, including the single longest verse in the Qur'an...
.231 translated by Shakir
- And when you divorce women and they reach their prescribed time, then either retain them in good fellowship or set them free with liberality, and do not retain them for injury, so that you exceed the limits, and whoever does this, he indeed is unjust to his own soul; and do not take Allah's communications for a mockery, and remember the favor of God upon you, and that which He has revealed to you of the Book and the Wisdom, admonishing you thereby; and be careful (of your duty to) God, and know that God is the Knower of all things.
Aftermath
- If the wife is divorced for the third time (i.e. married once, divorced once, married the second time, divorced the second time, and so on), then she becomes "harāmHaraamHaraam is an Arabic term meaning "forbidden", or "sacred". In Islam it is used to refer to anything that is prohibited by the word of Allah in the Qur'an or the Hadith Qudsi. Haraam is the highest status of prohibition given to anything that would result in sin when a Muslim commits it...
" for her former husband. Otherwise, the couple would be able to remarry. - Even if divorce separates a man from his wife, he has to seek her help in caring for the child or another female if the mother agrees. He must pay for her expenses.
In practice:
- In most Islamic states it is generally unacceptable for a divorced woman to live alone (as is usually also the case with unmarried women). In most situations women who find themselves divorced will return to live with their parents or to the household of another close relative.
The relevant part of the Qur'ān is:
- SuraSuraA sura is a division of the Qur'an, often referred to as a chapter. The term chapter is sometimes avoided, as the suras are of unequal length; the shortest sura has only three ayat while the longest contains 286 ayat...
2Al-BaqaraSura al-Baqarah is the second and longest chapter of the Qur'an. It is a Medinan sura and comprises 286 verses, including the single longest verse in the Qur'an...
.232-3 translated by Shakir
- And when you have divorced women and they have ended their term (of waiting), then do not prevent them from marrying their husbands when they agree among themselves in a lawful manner; with this is admonished he among you who believes in God and the last day, this is more profitable and purer for you; and God knows while you do not know.
- And the mothers should suckle their children for two whole years for him who desires to make complete the time of suckling; and their maintenance and their clothing must be borne by the father according to usage; no soul shall have imposed upon it a duty but to the extent of its capacity; neither shall a mother be made to suffer harm on account of her child, nor a father on account of his child, and a similar duty (devolves) on the (father's) heir, but if both desire weaning by mutual consent and counsel, there is no blame on them, and if you wish to engage a wet-nurse for your children, there is no blame on you so long as you pay what you promised for according to usage; and be careful of (your duty to) God and know that God sees what you do.
- SuraSuraA sura is a division of the Qur'an, often referred to as a chapter. The term chapter is sometimes avoided, as the suras are of unequal length; the shortest sura has only three ayat while the longest contains 286 ayat...
2Al-BaqaraSura al-Baqarah is the second and longest chapter of the Qur'an. It is a Medinan sura and comprises 286 verses, including the single longest verse in the Qur'an...
.235 translated by Shakir
- And there is no blame on you respecting that which you speak indirectly in the asking of (such) women in marriage or keep (the proposal) concealed within your minds; God knows that you win mention them, but do not give them a promise in secret unless you speak in a lawful manner, and do not confirm the marriage tie until the writing is fulfilled, and know that God knows what is in your minds, therefore beware of Him, and know that God is Forgiving, Forbearing.
- SuraSuraA sura is a division of the Qur'an, often referred to as a chapter. The term chapter is sometimes avoided, as the suras are of unequal length; the shortest sura has only three ayat while the longest contains 286 ayat...
2Al-BaqaraSura al-Baqarah is the second and longest chapter of the Qur'an. It is a Medinan sura and comprises 286 verses, including the single longest verse in the Qur'an...
.241 translated by Shakir
- And for the divorced women (too) provision (must be made) according to usage; (this is) a duty on those who guard (against evil).
After divorce, Qur'an specifies responsibilities on divorcee and divorcer on behalf of their children. Qur'an also prohibits interventions from the previous husband in the divorced woman's life.
Following are some of the cases regarding child custody decided by Muhammad:
- Abd-Allah ibn Umar narrates that a lady came to Muhammad and said: "For this son of mine, it is only my belly which was his abode, and my breasts which were his vessel and my lap which was his dwelling place. Now his father has divorced me and wants to take him away from me." Muhammad replied, "You are more entitled to keep him until you marry again." Sunnan Abu Dawood 2276
- Abu HurairahAbu HurairahAbu Hurairah , was a companion of the Islamic prophet Muhammad and the narrator of Hadith most quoted in the isnad by Sunnis.-Early life:...
narrates that in a woman came to Muhammad and said, "My husband wants to take away from me this child even though he has brought over water for me from the well of Abu ‘Anbah and given me a lot of benefit." Muhammad replied, "Both of you can cast a lot on this." When the husband heard, he said, "Who will quarrel with me regarding this son of mine?" Muhammad said, "O son! This is your father and this is your mother; grasp the hand of the one you want to hold." The child grasped the mother's hand and she took him away. Sunnan Abu Dawood 2277
Khula
Khula is the right of a woman in IslamIslam
Islam . The most common are and . : Arabic pronunciation varies regionally. The first vowel ranges from ~~. The second vowel ranges from ~~~...
to seek a divorce
Divorce
Divorce is the final termination of a marital union, canceling the legal duties and responsibilities of marriage and dissolving the bonds of matrimony between the parties...
or separation from her husband. A Muslim woman may petition a qadi
Qadi
Qadi is a judge ruling in accordance with Islamic religious law appointed by the ruler of a Muslim country. Because Islam makes no distinction between religious and secular domains, qadis traditionally have jurisdiction over all legal matters involving Muslims...
to grant her divorce if the husband refuses. The waiting period (iddah
Iddah
In Islam, iddah or iddat is the period a woman must observe after the death of her spouse or after a divorce, during which she may not marry another man. The period, three months after a divorce and four months and ten days after the death of a spouse, is calculated on the number of menses that a...
) of a woman who seeks a divorce is one menstrual cycle or one month if she is post-menopause
Menopause
Menopause is a term used to describe the permanent cessation of the primary functions of the human ovaries: the ripening and release of ova and the release of hormones that cause both the creation of the uterine lining and the subsequent shedding of the uterine lining...
i.e. ceased menstruating. This is to ensure she is not pregnant. If the woman is pregnant, then the waiting period is until she gives birth. There is still the need for witnesses when seeking a khula as in a talaq.
See also
- AnnulmentAnnulmentAnnulment is a legal procedure for declaring a marriage null and void. Unlike divorce, it is usually retroactive, meaning that an annulled marriage is considered to be invalid from the beginning almost as if it had never taken place...
- Annulment (Catholic Church)Annulment (Catholic Church)In the Roman Catholic Church an annulment is the procedure, governed by the Church's Canon Law and the Catechism, whereby an ecclesial tribunal determines the sacrament of marriage was invalidly entered into. An annulment determines the Catholic marriage to be void at its inception...
- Get (divorce document)Get (divorce document)A is a divorce document, which according to Jewish Law, must be presented by a husband to his wife to effect their divorce. The essential text of the is quite short: "You are hereby permitted to all men," i.e., the wife is no longer a married woman, and the laws of adultery no longer apply...
- Marriage in IslamMarriage in IslamMarriage in Islam is an Islamic prenuptial contract between a man and woman to live as husband and wife. It is a formal, binding contract considered integral to a religiously valid Islamic marriage, and outlines the rights and responsibilities of the groom and bride involved in marriage proceedings...
- Rights and obligations of spouses in Islam
External links
- http://www.irfi.org/articles/articles_151_200/triple__talaq.htm
- http://www.islamicvoice.com/october.97/ourd.htm
- The law of Divorce By: Mian Muhibullah Kakakhel