Shariah Rules about Divorce and Separation

3 Ways of Reconciliation

If, for some reason the relations between the husband and wife become strained and the wife continues her disobedience then the husband is advised to follow these methods

1. First, the husband should advise the wife. 2 If it does not work, then the husband should separate the wife's bed i.e. the husband should stop having sexual intercourse with the wife.

3. The husband should admonish them and beat them lightly.
Allah Ta'ala says in the Holy Quran, Surah an Nisa -34, "And for those women about whom you have the fear of disloyalty, admonish them, sleep separately from them and may give them a light beating.”

Before pronouncing divorce, the husband should use all these methods for reconciliation and should carefully consider the after-effects of the divorce. But according the Islamic Law, it is not Obligatory (Fardh) for the husband to use these methods. The presence of the wife is not obligatory be present, nor is it necessary to inform the wife either. If the husband wants to divorce the wife, he is strongly advised to pronounce a Talaaq E Raj‘ee. I.e. Revocable Divorce instead of a Talaaq e Bain i.e. (Irrevocable Divorce) or a Talaaq e Mughallaza (Final Divorce i.e. saying Talaaq 3 times at once). This has been stressed so that during the Iddah (the waiting period), the husband can reconsider his decision. If the wife is at fault, then she will have some time to correct herself. If someone ignores all this advice, even then the Divorce will be effective. 

Author: Mufti Hafidh Syed Ziauddin Naqshbandi Qadri, Professor, Islamic Law, Jamia Nizamia

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