Talaq — Islamic Divorce

Divorce (talaq) in Islam is permissible but deeply disliked. The Prophet Muhammad (peace be upon him) said: "The most hated of permissible things to Allah is divorce" (Sunan Abu Dawud). Islam recognizes that some marriages cannot be saved despite best efforts, and provides a structured process for dissolution that protects the rights of both parties, especially women and children. The Quranic framework for divorce emphasizes fairness, dignity, and the possibility of reconciliation at every stage.

Types of Divorce

Talaq can be initiated by the husband. The recommended (sunnah) method is to issue one pronouncement of divorce during a period of purity (when the wife is not menstruating and the couple has not had intercourse in that period), then observe the waiting period (iddah). This is called talaq raj'i (revocable divorce) because the husband can take his wife back during the iddah without a new contract. If a second talaq is pronounced (after reconciliation and then another attempt), it is still revocable. A third talaq is final and irrevocable (talaq ba'in), after which the couple cannot remarry unless the wife marries another man in a genuine marriage, consummates that marriage, and is then divorced by or widowed from the second husband. This strict ruling deters the casual and abusive use of triple divorce.

The Iddah (Waiting Period)

After divorce, the wife observes an iddah of three menstrual cycles (for menstruating women), three months (for post-menopausal women or those who do not menstruate), or until delivery (for pregnant women). The Quran commands: "And divorced women shall wait for three periods" (Quran 2:228). During the iddah of a revocable divorce, the wife remains in the marital home and the husband is still financially responsible for her. The purposes of the iddah include: verifying that the woman is not pregnant, providing a cooling-off period for possible reconciliation, and respecting the sanctity of the marital bond.

Khul (Wife-Initiated Divorce)

Islam also provides women with the right to dissolve the marriage through khul. If a woman cannot remain in the marriage, she may return the mahr (or a portion of it) in exchange for dissolution. The Quran states: "And it is not lawful for you to take anything of what you have given them unless both fear that they will not be able to keep within the limits of Allah. But if you 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" (Quran 2:229). The companion Thabit ibn Qays's wife came to the Prophet requesting separation, and the Prophet instructed Thabit to accept the return of the garden he had given her as mahr (Sahih al-Bukhari).

Protecting Rights

Islamic divorce law contains multiple protections. Women retain all property and gifts received during the marriage. The mahr (both paid and deferred portions) belongs entirely to the wife. Child custody generally goes to the mother during early years (the exact age varies by school). The father remains financially responsible for his children after divorce. The Quran commands: "And do not forget generosity between yourselves" (Quran 2:237) and "Retain them in kindness or release them in kindness" (Quran 2:231). The entire framework reflects Islam's approach of treating divorce as a last resort while ensuring that when it occurs, both parties are treated with justice and dignity.