Laws of Divorce

Another misconception that I saw among the people of sub-continent was regarding Divorce. People assume that uttering talaq three times is just enough for getting divorce, but is it Islamic in nature???

Once again I would post some stuff in the spirit of Quran.

In Quran Allah (swt) tells that, divorce must be resorted to only in exceptional circumstances.

Appoint an arbitrator

4:35 If a couple fears separation, you shall appoint an arbitrator from his family and an arbitrator from her family; if they decide to reconcile, Allah will help them get together. Allah is Omniscient, Cognizant.


Allah in Quran advices to Wait for 4 months cooling off before divorce


2:226 Those who forswear their wives must wait four months; then, if they change their mind, lo! Allah is Forgiving, Merciful.


2:227 And if they decide upon divorce (let them remember that) Allah is Hearer, Knower.


65:2 Then, when they have reached their term, take them back in kindness or part from them in kindness, and call to witness two just men among you, and keep your testimony upright for Allah. Whoso believeth in Allah and the Last Day is exhorted to act thus. And whosoever keepeth his duty to Allah, Allah will appoint a way out for him,

Divorced women to observe an interim period

2:228 Women who are divorced shall wait, keeping themselves apart, three (monthly) courses. And it is not lawful for them that they should conceal that which Allah hath created in their wombs if they are believers in Allah and the Last Day. And their husbands would do better to take them back in that case if they desire a reconciliation. And they (women) have rights similar to those (of men) over them in kindness, and men are a degree above them. Allah is Mighty, Wise.

65:4 And for such of your women as despair of menstruation, if ye doubt, their period (of waiting) shall be three months, along with those who have it not. And for those with child, their period shall be till they bring forth their burden. And whosoever keepeth his duty to Allah, He maketh his course easy for him.

65:5 That is the commandment of Allah which He revealeth unto you. And whoso keepeth his duty to Allah, He will remit from him his evil deeds and magnify reward for him.

Allah also provides us (women) exception for observing interim period

33:49 O ye who believe! If ye wed believing women and divorce them before ye have touched them, then there is no period that ye should reckon. You shall compensate them equitably, and let them go amicably. After the fulfilment of the interim the divorced women is free to do whatever she wants


Allah states that divorced women have to be provided for


65:7 Let him who hath abundance spend of his abundance, and he whose
provision is measured, let him spend of that which Allah hath given him. Allah asketh naught of any soul save that which He hath given it. Allah will vouchsafe, after hardship, ease.


Allah also provides us a law about alimony for widows and divorcees

2:240 (In the case of) those of you who are about to die and leave behind them wives, they should bequeath unto their wives a provision for the year without turning them out, but if they go out (of their own accord) there is no sin for you in that which they do of themselves within their rights. Allah is Mighty, Wise.



2:241 Divorcees also shall be provided for, equitably. This is a duty upon the righteous.

Law about compensation when marriage is not consummated when one breaks engagement

2:236 It is no sin for you if ye divorce women while yet ye have not
touched them, nor appointed unto them a portion. Provide for them, the rich according to his means, and the straitened according to his means, a fair provision. (This is) a bounden duty for those who do good.


2:237 If ye divorce them before ye have touched them and ye have appointed unto them a portion, then (pay the) half of that which ye appointed, unless they (the women) agree to forgo it, or he agreeth to forgo it in whose hand is the marriage tie. To forgo is nearer to piety. And forget not kindness among yourselves. Allah is Seer of what ye do.

Allah's law also entitles divorced women to stay in righteous environment, as per this verse

2:231 When ye have divorced women, and they have reached their term, then retain them in kindness or release them in kindness. Retain them not to their hurt so that ye transgress (the limits). He who doeth that hath wronged his soul. Make not the revelations of Allah a laughing-stock (by your behaviour), but remember Allah's grace upon you and that which He hath revealed unto you of the Scripture and of wisdom, whereby He doth exhort you. Observe your duty to Allah and know that Allah is Aware of all things.

65:6 Lodge them where ye dwell, according to your wealth, and harass them not so as to straiten life for them. And if they are with child, then spend for them till they bring forth their burden. Then, if they give suck for you, give them their due payment and consult together in kindness; but if ye make difficulties for one another, then let some other woman give suck for him (the father of the child).

One more thing I would add here, if couple reconciles after the first divorce and wish to be husband and wife again, they can re-marry, though allowed only for two divorce only.

If they divorce third time, then their marriage is nullified


2:229 Divorce must be pronounced twice and then (a woman) must be retained in honour or released in kindness. And it is not lawful for you that ye take from women aught of that which ye have given them; except (in the case) when both fear that they may not be able to keep within the limits (imposed by) Allah. And if ye fear that they may not be able to keep the limits of Allah, in that case it is no sin for either of them if the woman ransom herself. These are the limits (imposed by) Allah. Transgress them not. For whoso transgresseth Allah's limits: such are wrong-doers.

2:232 And when ye have divorced women and they reach their term, place not difficulties in the way of their marrying their husbands if it is agreed between them in kindness. This is an admonition for him among you who believeth in Allah and the Last Day. That is more virtuous for you, and cleaner. Allah knoweth; ye know not.


2:230 And if he hath divorced her (the third time), then she is not lawful unto him thereafter until she hath wedded another husband. Then if he (the other husband) divorce her it is no sin for both of them that they come together again if they consider that they are able to observe the limits of Allah. These are the limits of Allah. He manifesteth them for people who have knowledge.


I think, after reading this, any one can easily make out, that Allah makes it not so easy for the couple to divorce, and one must know that Divorce is always mutually decided by the couple.