Rules of Divorce in Islam

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Divorce is a game of seconds. Divorce in Islam is the most disliked permissible act.

In the earlier times, no rules of divorce were set, men used to divorce their women out of anger or any other reason and after some time they used to take them back. Women were not given any rights and they were forced to go back in the marriage with their ex-husbands. This inequality and injustice was addressed by Islam and there were rules set to divorce so that no injustice could take place.

As said earlier, divorce is not liked and it should be chosen as a last resort when one sees that there is nothing left in the relation to continue

EXCEPTIONAL CIRCUMSTANCES WHEN DIVORCE IS PERMITTED

The Holy Prophet (Peace be upon him) said:

“Never did Allah more hateful to Him than divorce” [Abu Dawud 13 : 3]          

Divorce in Islam is not only the right of man but also if a female is not comfortable with her husband,

if he beats her and does not give her due rights or compels her to do what is forbidden acts, she can ask

him for divorce and man cannot keep her if she does not wants to live with him. But the best thing is to

resolve the issue peacefully.

RULES OF DIVORCE

DIVORCE DURING MENSTRUATION

In Holy Qur’;an Divorce is prohibited when the courses are on. as it is said to be “harmful” [2:222]. It was brought to the notice of Holy Prophet (Peace be upon him) that Ibn Umar had divorced his wife while she was menstruating. The divorce was declared to be illegal by Prophet (Peace be upon him) and Ibn Umar was asked to take his wife back [Bukhari 68:1]. Thus divorce is only permitted in the state of tuhr (when women is clear from menstrual discharge)

THE WAITING PERIOD (IDDAH)

Every divorce must be followed by a period of waiting called Iddah.

“O Prophet (Peace be upon him) when you divorce women, divorce them for their ‘;Iddhah (prescribed or waiting, time) [65:1]

“And the divorce women should keep themselves in waiting for three courses (Quru)” [2:228]

Quru is the state of entering from state of cleanness to the state of menstruation. In normal cases it is about four weeks. Iddah is about three months [65:4] and in case of pregnant women the Iddah period is till delivery. The purpose of Iddah is affording the parties a chance of reconciliation.

“O Prophet When you divorce women, divorce them at their ‘Iddah (prescribed periods) and count (accurately) their ‘Iddah (periods) [Surah  Al-Talaaq 65:1]

DIVORCE IS REVOCABLE

There is no concept of three divorce at one time, like we see in our society today. Islam has a proper set of rules for divorce. A man if divorce to his wife by saying [I divorce you, I divorce you, I divorce you] at one time, it will be considered as one divorce and he can wait for the iddah period and can save his marriage.

“And their husbands have a better right to take them back in the meanwhile if they wish for reconciliation [2:228]

IRREVOCABLE DIVORCE

After one divorce if husband does not see any chances of reconciliation, he can give her the second divorce and wait for Iddah period, if in that Iddah period things go normal, the marriage is safe else after the third divorce, there is no turning back now it is irrevocable.

REMARRYING

If a women is divorced and she marries to someone else, and the other person also divorces her then she can remarry to her first husband if they are happy and willing to stay with each other.

“And if he has divorced her (the third time), then she is not lawful unto him thereafter until she has married another husband. Then, if the other husband divorces her, it is no sin on both of them that they reunite, provided they feel that they can keep the limits ordained by Allah. These are the limits of Allah, which He makes plain for the people who have knowledge” [Surah Al-Baqarah 2:230]

Husband and wife both should over look the bad habits and concentrate on the good habits of the life partner. In this way the relation can be saved, In fact, the love between wife and husband increases because the tolerance level increases.

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