Detailed Rules of Divorce
It is given in Surah Baqarah:
Divorce is (revocable) two times (only). Then either retain (the wife)
with honor (in marital relationship) or release her with kindness. And it is not
lawful for you to take back anything of that which you have given them, unless
both fear that (now by maintaining marital ties) they may not be able to observe
the limits set by Allah. So if you fear that both will be unable to keep within
Allah’s limits, then (in that case) there shall be no sin upon either of them
if the wife (herself) may give up something as recompense to free herself (from
this distressing bond). These are the limits (set) by Allah. So, do not exceed
them. And those who exceed the limits prescribed by Allah, it is they who are
the wrongdoers.
Then if he divorces (for the third time), she will not be lawful for him
until she marries some husband other than him. But if he (the latter) also
divorces her, in such case there shall be no sin on both of them (the former
husband and the wife) if they return (once more to the wedlock), provided both
of them (now) think that they would be able to observe the limits set by Allah.
These are the limits (prescribed) by Allah which He explains to those who have
knowledge.
And when you divorce the women and they reach (the completion of) their
waiting period, then either retain them (in marital bond) in a graceful manner
or release them nicely. But do not retain them to hurt so that you subject
(them) to excesses. And he who does so wrongs his own soul. And do not make fun
of Allah’s Commands. And call to mind
Allah’s favor that has been (bestowed) upon you and the Book that He has sent
down to you and (the pearls of) wisdom (on which He has enlightened you). He
advises you (by means of this code of conduct). And fear Allah and bear in mind
that Allah is indeed All-Knowing.
And when you divorce the women and they reach (the completion of) their
waiting period, then do not prevent them from remarrying (their former or
latter) husbands when they have mutually agreed according to the Islamic Law. This
is a direction for him among you who believe in Allah and the Last Day. It is
most pure, clean and wholesome for you. And Allah knows and you do not know (so
many things). Surah Baqarah (2:229-232)
The summary of these verses is that in verse 229 of the Holy Quran,
Allah Ta'ala says about Talaq Raj‘ee (The revocable divorce) that after the
first and second Talaq, the husband may reconcile with the wife within the
Iddah and should fulfil her rights as given. The husband may also let the time
period pass and separate from her amiably. After the Iddah, there can be no
reconciliation. However, if both of them agree on this, they can marry again.
In the same verse the rules of Khula (annulment of marriage) have been
given. The husband cannot take back the Mehr (alimony) and other jewelry given
to the wife at the time of divorce. However, if there is a situation that the
husband does not want to give divorce and the differences between the couple
are such that they cannot live together anymore and the wife is ready to give
some money to get her freedom, then in this case, the husband may accept money
to divorce her. This is called as Khula annulment of marriage).
In verse number 230, Allah Ta'ala says about Talaq Mughallaza (the final
divorce) that after this the husband and wife will be separated. After this, there
can be no reconciliation. If after this, they want to marry, then there is only
one solution. After the Iddah, the lady should marry somebody else, the marriage
should be consummated. Then the husband should divorce the wife out of his own
free wish. Then again, the lady should
spend the Iddah and only then can she marry the previous husband.
In verse 231, the rules of Talaq Raj‘ee are further explained. The
husband can reconcile with the wife only if his intention (Niyyah) is clear, he
intends to fulfill all the rights of the wife. If on the other hand, his
intention is to trouble or oppress the lady, then reconciliation becomes
impermissible.
In verse 232, if the husband does not reconcile with the wife after the
first or second divorce and after this the husband and wife want to marry
again, then you should not stop them from doing so, neither should you force
them otherwise nor should you be angry at this.
Author: Mufti Hafidh Syed
Ziauddin Naqshbandi Qadri, Professor, Islamic Law, Jamia Nizamia
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