بِسمِ ٱللهِ ٱلرَّحْمٰنِ ٱلرَّحِيـمِ
In the name of Allah, the Entirely Merciful, the Especially Merciful.
In the name of Allah, the Entirely Merciful, the Especially Merciful.
Divorce according to Quran
Divorce is one the most complicated issue’s among muslims which is due to contradictions and confusion caused by hadiths making islam so complicated and confusing, That is because muslims of today do not believe Quran is complete and detailed so they keep running toward baseless hadiths which are in clear contradiction with Quran and abrogate laws of Allah. As claimed in Quran 10:37, 6:105, 6:114, 18:54 by Allah about quran being fully detailed and explaining itself. Allah also claimed to reveal a book fully detailed with guidance in Quran 7:52 and warned humans not to follow man made laws in Quran 6:114 and seek laws outside Quran and it is above and complete in comparison to human innovation’s according to Quran 6:115, Allah also warned in Quran 6:112, 6:113 against the speeches of devils among humans and jinns inventing lies and attributing them to Prophet Muhammad and majority ends up believing there innovations, disobeying Allah and practising filth like Halala & Mutta.
Whenever Islamic scholars are being questioned regarding “How to Divorce according to Sharia law?” they throw Quran behind their backs as if they never had it, such people are mentioned in Quran 2:101, 3:187 and they bring forward baseless hadiths in contradiction with each other and say divorce depends on school of thought according to sect as sunni and shia scholars have invented their own methods of divorce abrogating and violating laws of Allah presented in Glorious Quran.
Divorce Process in the light of Quran
Process to initiate and how to complete the divorce is clearly explain in Quran with detail.
Time period before initiating Divorce
Quran Al-Baqarah 2:226
لِّلَّذِينَ يُؤْلُونَ مِن نِّسَآئِهِمْ تَرَبُّصُ أَرْبَعَةِ أَشْهُرٍ فَإِنْ فَآءُو فَإِنَّ ٱللَّهَ غَفُورٌ رَّحِيمٌ
For those who swear off to abandon their wives is a waiting time of four months, but if they return [to normal relations] – then indeed, Allah is Forgiving and Merciful.
Allah has set time period of 4 months for the couple to rethink their decision regarding divorce.
Quran An-Nisa 4:35
وَإِنْ خِفْتُمْ شِقَاقَ بَيْنِهِمَا فَٱبْعَثُواْ حَكَماً مِّنْ أَهْلِهِ وَحَكَماً مِّنْ أَهْلِهَآ إِن يُرِيدَآ إِصْلَٰحاً يُوَفِّقِ ٱللَّهُ بَيْنَهُمَآ إِنَّ ٱللَّهَ كَانَ عَلِيماً خَبِيراً
If a couple fears separation, you shall appoint an arbitrator from his family and an arbitrator from her family; if they decide to reconcile, God will help them get together. Allah is ever Knowing and Acquainted
Allah orders appointing arbitrator’s from both families to settle the dispute regarding divorce.
Finalising Decision on Divorce
Quran Al-Baqarah 2:227
وَإِنْ عَزَمُواْ ٱلطَّلاَقَ فَإِنَّ ٱللَّهَ سَمِيعٌ عَلِيمٌ
And if they decide on divorce – then indeed, Allah is Hearing and Knowing.
Within time period of 4 months if couple decides to divorce & both are determined only then divorce can be initiated.
Quran At-Talaq 65:1
يٰأيُّهَا ٱلنَّبِيُّ إِذَا طَلَّقْتُمُ ٱلنِّسَآءَ فَطَلِّقُوهُنَّ لِعِدَّتِهِنَّ وَأَحْصُواْ ٱلْعِدَّةَ وَٱتَّقُواْ ٱللَّهَ رَبَّكُمْ لاَ تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلاَ يَخْرُجْنَ إِلاَّ أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ وَتِلْكَ حُدُودُ ٱللَّهِ وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ لاَ تَدْرِى لَعَلَّ ٱللَّهَ يُحْدِثُ بَعْدَ ذَلِكَ أَمْراً
O Prophet, when you divorce women, divorce them for their waiting period and keep count of the waiting period, and fear Allah, your Lord. Do not turn them out of their houses, nor should they leave unless they are committing a clear immorality. And those are the limits [set by] Allah . And whoever transgresses the limits of Allah has certainly wronged himself. You know not; perhaps Allah will bring about after that a matter.
When the decision is being made to divorce by man and he initiates divorce then he is not allowed to send the women to her parents house or turn her out of his own house for the specific time period set by Allah, and if man turns her out then he has clearly disobeyed command of Allah. Keeping woman inside his house and looking after her needs is part of Islamic divorce process.
Waiting period for Divorced Women
Quran Al-Baqarah 2:228
وَٱلْمُطَلَّقَاتُ يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ ثَلاَثَةَ قُرُوۤءٍ وَلاَ يَحِلُّ لَهُنَّ أَن يَكْتُمْنَ مَا خَلَقَ ٱللَّهُ فِيۤ أَرْحَامِهِنَّ إِن كُنَّ يُؤْمِنَّ بِٱللَّهِ وَٱلْيَوْمِ ٱلآخِرِ وَبُعُولَتُهُنَّ أَحَقُّ بِرَدِّهِنَّ فِي ذَلِكَ إِنْ أَرَادُوۤاْ إِصْلاَحاً وَلَهُنَّ مِثْلُ ٱلَّذِي عَلَيْهِنَّ بِٱلْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ وَٱللَّهُ عَزِيزٌ حَكِيمٌ
Divorced women remain in waiting for three monthly periods, and it is not lawful for them to conceal what Allah has created in their wombs if they believe in Allah and the Last Day. And their husbands have more right to take them back in this [period] if they want reconciliation. And due to the wives is similar to what is expected of them, according to what is reasonable. But the men have a degree over them [in responsibility and authority]. And Allah is Exalted in Might and Wise.
Waiting period for women before declaring themselves divorced and remarrying.
What is three monthly waiting period?
Quran At-Talaq 65:4
وَٱللاَّئِي يَئِسْنَ مِنَ ٱلْمَحِيضِ مِن نِّسَآئِكُمْ إِنِ ٱرْتَبْتُمْ فَعِدَّتُهُنَّ ثَلاَثَةُ أَشْهُرٍ وَٱللاَّئِي لَمْ يَحِضْنَ وَأُوْلاَتُ ٱلأَحْمَالِ أَجَلُهُنَّ أَن يَضَعْنَ حَمْلَهُنَّ وَمَن يَتَّقِ ٱللَّهَ يَجْعَل لَّهُ مِنْ أَمْرِهِ يُسْراً
And those who no longer expect menstruation among your women – if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth. And whoever fears Allah – He will make for him of his matter ease.
Waiting period for normal women is three menstruation before she is declared officially divorced, those women who stopped menstruation due to old age and those who never menstruation which is a rare case among women their term is three months before finally divorcing, Women who are pregnant their waiting period will not be three menstruation’s or three months but until they give birth and within that time frame she should live in husbands house and he should be looking after her needs.
Divorce is twice
Quran Al-Baqarah 2:229
ٱلطَّلَٰقُ مَرَّتَانِ فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَٰنٍ وَلاَ يَحِلُّ لَكُمْ أَن تَأْخُذُواْ مِمَّآ آتَيْتُمُوهُنَّ شَيْئاً إِلاَّ أَن يَخَافَآ أَلاَّ يُقِيمَا حُدُودَ ٱللَّهِ فَإِنْ خِفْتُمْ أَلاَّ يُقِيمَا حُدُودَ ٱللَّهِ فَلاَ جُنَاحَ عَلَيْهِمَا فِيمَا ٱفْتَدَتْ بِهِ تِلْكَ حُدُودُ ٱللَّهِ فَلاَ تَعْتَدُوهَا وَمَن يَتَعَدَّ حُدُودَ ٱللَّهِ فَأُوْلَـٰئِكَ هُمُ ٱلظَّٰلِمُونَ
Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment. 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. These are the limits of Allah, so do not transgress them. And whoever transgresses the limits of Allah – it is those who are the wrongdoers.
Divorce period is two menstruation, husband should announce divorce at the beginning of each month and on her final third menstruation husband should decide to keep her or free her but if he decide’s to release her then two male witnesses are required.
Two Honest man should witness
Quran At-Talaq 65:2
فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ وَأَشْهِدُواْ ذَوَىْ عَدْلٍ مِّنكُمْ وَأَقِيمُواْ ٱلشَّهَادَةَ لِلَّهِ ذَلِكُمْ يُوعَظُ بِهِ مَن كَانَ يُؤْمِنُ بِٱللَّهِ وَٱلْيَوْمِ ٱلآخِرِ وَمَن يَتَّقِ ٱللَّهَ يَجْعَل لَّهُ مَخْرَجاً
And when they have [nearly] fulfilled their term, either retain them according to acceptable terms or part with them according to acceptable terms. And bring to witness two just men from among you and establish the testimony for [the acceptance of] Allah . That is instructed to whoever should believe in Allah and the Last day. And whoever fears Allah – He will make for him a way out
When the time period is fulfilled which is almost 3 months then couple should bring two honest men from among them as witnesses to complete the divorce otherwise like marriage is not possible without witnesses then how can divorce possibly be possible? When Allah has set rules and certain criteria to complete the divorce no other fabricated law should abrogate the law’s of Allah and pronounce couple divorced until they go through the process of divorce which is clearly mentioned in Glorious Quran.
Note: Couple can change their mind anytime before announcing third divorce at the beginning of third month and announcing divorce in front of witnesses, and Allah is forgiving and merciful.
Conclusion: Time frame provided in Quran for divorce is about 7 months for a normal couple, which consists of 4 months for decision making process which requires arbitrator and additional about 3 months or 3 menstruation waiting period for women, if woman is pregnant than her waiting period will be until she gives birth plus two honest men as witness and these are the rules and regulations set by Allah.
Waiting time for Widow
Quran Al-Baqarah 2:234
وَٱلَّذِينَ يُتَوَفَّوْنَ مِنكُمْ وَيَذَرُونَ أَزْوَاجاً يَتَرَبَّصْنَ بِأَنْفُسِهِنَّ أَرْبَعَةَ أَشْهُرٍ وَعَشْراً فَإِذَا بَلَغْنَ أَجَلَهُنَّ فَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا فَعَلْنَ فِيۤ أَنْفُسِهِنَّ بِٱلْمَعْرُوفِ وَٱللَّهُ بِمَا تَعْمَلُونَ خَبِيرٌ
And those who are taken in death among you and leave wives behind – they, [the wives, shall] wait four months and ten [days]. And when they have fulfilled their term, then there is no blame upon you for what they do with themselves in an acceptable manner. And Allah is [fully] Acquainted with what you do.
Quran clearly states regarding widows before they remarry their waiting time is 4 months and 10 days.
Pre-Marriage Laws and Pre-Marriage Divorce
Quran Al-Baqarah 2:235
وَلاَ جُنَاحَ عَلَيْكُمْ فِيمَا عَرَّضْتُمْ بِهِ مِنْ خِطْبَةِ ٱلنِّسَآءِ أَوْ أَكْنَنتُمْ فِيۤ أَنْفُسِكُمْ عَلِمَ ٱللَّهُ أَنَّكُمْ سَتَذْكُرُونَهُنَّ وَلَـٰكِن لاَّ تُوَاعِدُوهُنَّ سِرّاً إِلاَّ أَن تَقُولُواْ قَوْلاً مَّعْرُوفاً وَلاَ تَعْزِمُوۤاْ عُقْدَةَ ٱلنِّكَاحِ حَتَّىٰ يَبْلُغَ ٱلْكِتَابُ أَجَلَهُ وَٱعْلَمُوۤاْ أَنَّ ٱللَّهَ يَعْلَمُ مَا فِيۤ أَنْفُسِكُمْ فَٱحْذَرُوهُ وَٱعْلَمُوۤاْ أَنَّ ٱللَّهَ غَفُورٌ حَلِيمٌ
You commit no sin by announcing your engagement to the women, or keeping it secret. Allah knows that you will think about them. Do not meet them secretly, unless you have something righteous to discuss. Do not consummate the marriage until their interim is fulfilled. You should know that Allah knows your innermost thoughts, so beware of Him. And know that Allah is Forgiving and Forbearing.
Believers are not allowed their women after engagement and before marriage until dowry is being given.
Quran Al-Baqarah 2:236
لاَّ جُنَاحَ عَلَيْكُمْ إِن طَلَّقْتُمُ ٱلنِّسَآءَ مَا لَمْ تَمَسُّوهُنَّ أَوْ تَفْرِضُواْ لَهُنَّ فَرِيضَةً وَمَتِّعُوهُنَّ عَلَى ٱلْمُوسِعِ قَدَرُهُ وَعَلَى ٱلْمُقْتِرِ قَدَرُهُ مَتَاعاً بِٱلْمَعْرُوفِ حَقّاً عَلَى ٱلْمُحْسِنِينَ
You commit no error by divorcing the women before touching them, or before setting the dowry for them. In this case, you shall compensate them – the rich as he can afford and the poor as he can afford – an equitable compensation. This is a duty upon the righteous.
If dowry was not set then man should present woman with a gift according to financial circumstances.
Quran Al-Baqarah 2:237
وَإِن طَلَّقْتُمُوهُنَّ مِن قَبْلِ أَن تَمَسُّوهُنَّ وَقَدْ فَرَضْتُمْ لَهُنَّ فَرِيضَةً فَنِصْفُ مَا فَرَضْتُمْ إِلاَّ أَن يَعْفُونَ أَوْ يَعْفُوَاْ ٱلَّذِي بِيَدِهِ عُقْدَةُ ٱلنِّكَاحِ وَأَن تَعْفُوۤاْ أَقْرَبُ لِلتَّقْوَىٰ وَلاَ تَنسَوُاْ ٱلْفَضْلَ بَيْنَكُمْ إِنَّ ٱللَّهَ بِمَا تَعْمَلُونَ بَصِيرٌ
If you divorce them before touching them, but after you had set the dowry for them, the compensation shall be half the dowry, unless they voluntarily forfeit their rights, or the party responsible for causing the divorce chooses to forfeit the dowry. To forfeit is closer to righteousness. You shall maintain the amicable relations among you. Indeed Allah, of whatever you do, is Seeing.
If the dowry was set at the time or breakup before touching then man is responsible for paying half of the dowry. Quran has not missed out concept of marriage, divorce or pre marriage breakup but the disbelievers will reject verses of Allah and keep practising the traditions of their forefathers as mentioned in Quran 2:170.
Concept of divorce in hadiths and the concept of pre islamic divorce thihar which is nothing more than pronouncing or declaring are not much different but no doubt these concepts are in clear violation of Quranic laws and do have penalty, For article on penalties and correction for divorce according to hadiths and pre islamic divorce Click HERE.