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Divorce in Islamic Law

by | Jul 11, 2015

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The accompanying verse can remove divorce in Islamic law between the spouse and wife:
“..but, as per justice, the rights of wives (about their husbands) are equal to (husbands;) rights about them, although men have precedence over them (in this respect). And God is almighty wise.” (2:228)
It is clear that the Qur’an states there is a “degree” of contrast concerning the privileges of men and women related to Divorce in Islamic law, yet it is not clear for “how much” and “what” benefits a man is qualified.

Divorce In Islamic Law For Women:

There has been much twisting and engendering of mistrust around Divorce in Islamic law. However, it is just with self-instruction and familiarity with the Qur’anic verses that both men and women can come to know the reality of what God has endorsed and assessed:
“When you divorce women, and they fulfill the term of their (Iddat), either take them back on equitable terms or set them free on equitable terms; but do not take them back to injure them, (or) to take undue advantage; if anyone does that, he wrongs his soul. Do not treat God’s Signs as a jest, but solemnly rehearse God’s favors on you and the fact that He sent down to you the Book and Wisdom for your instruction. And fear God, and know that God is well-acquainted with all things.” (2:231)
Divorce in Islamic law in Quranic Surah:
“O you who believe! When you marry believing women and then divorce them before you have sexual intercourse with them, no iddah (divorce prescribed period) have you to count in respect of them. So give them a present, and set them free (i.e., Divorce), in a handsome manner.” (Al-Ahzab-49)

According to Divorce in Islamic law:

  1. The husband can give three divorces to his wife.
  2. After one or two divorces, he has the right to take back his DivorceDivorce within the iddah period, and after the iddah period, he can re-marry with her.
  3. If he gives three divorces, the husband has no right to take back his DivorceDivorce.
  4. After three divorces, the husband can not re-marry with her Divorce until she marries another person and gets divorced from that person. The above-mentioned is called halalah in Islamic shariyat.
  5. Iddah of a divorced woman is three menstrual periods. Only after this period can she marry anyone else.
  6. No iddah period is required if a woman gets a Divorce before sexual intercourse.
  7. Iddah of a widow is four lunar months and ten days. 
  8. Iddah of a pregnant widow or divorced woman is the period till she delivered the child.

Divorce in Islamic Law Started By The Wife:

It is known as khula”. If the spouse is not a shortcoming; it involves the wife giving her Dowry (Haq Mehr) to end the marriage because she is the “agreement” breaker.” But In the case of divorce where the spouse is the “agreement” breaker, he must pay over the required funds in situations where they conceded all or a piece of it.

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