Keep Learning

You are not signed in
Register now on the LI Portal to track your progress, collect points, and enter competitions. Upon registration, you will receive an e-certificate for all of the topics you learned.

Current Section: model

Lesson Divorce

In this lesson, we will learn about the concept of divorce and some rulings related to it.

  • Understanding the concept of divorce.
  • Learn about some of the beauties of Islam about the provisions of divorce.
  • Explanation of the benefits and harms of divorce.
  • Learn about the types of divorce.
  • Learn about the concept of the 'iddah' (the period a woman has to wait) and other related issues.

The Firm Commitment

Islam keen is on preserving family life and safeguarding the marital relationship with a covenant that the Quran described as firm, and this firm commitment is the marriage contract.

As an emphasis on how Islam preserves marital relationships, it has instructed husbands to keep their wives and not to divorce them, even if they hate them or they hate things from them. Allah says: (And live with them kindly, and if you dislike them, it may be that you dislike a thing, and Allah will place in it much good.) [An-Nisa: 19] In order not to subject the firm commitment from breaking down. Islam has sternly warned against attempting to drive a wedge between spouses by making a man's wife seem bad in his eyes. Abu Huraira reported Allah’s Messenger as saying: «He who makes a wife seem bad in the eyes of the husband (by mentioning her bad qualities etc) or a slave towards his master is not one of us.» (Abu Dawud, 2175).

Realism of Islam

Although Islam is keen on the continuity of the marital relationship, it is a practical religion, which does not go against people’s instinct and conquer their desires and constrains them, but rather takes into account their conditions, feelings, and needs. It is aware that divorce can be a need or even a necessity at times. That is why in the permissibility of divorce there is great wisdom and ease for people, despite the severity and harm it may cause.

The Legality of Divorce

The legality of divorce was mentioned in many texts in the Quran and the Sunnah of the Prophet ﷺ and the verses and narrations came to regulate its rulings and show the manner in which it is to be done.

Meaning of 'Talaq' in the language

It's the loosening of restraints and setting free.

The Meaning of 'Talaq' in the Legislation.

It is the dissolution of the bond of marriage immediately, or after some time, when specific wording is used. The specific wording can be explicit such as the word 'Divorce'. It can be a word that indirectly means divorce such as the words: You are separated (from me), forbidden (for me) and you are set free, and so on. That which takes the place of words such as writing, clear and understood gesturing. Another word that is attached to divorce is the word “khul'a ” (When a woman seeks separation from her husband through a judge) and the judge’s saying: “I separate the both of you” when the separation occurs.

Benefits of Divorce

١
The paving of the way for starting two new families on sound foundations that did not exist in the first family, and Allah's grace is vast. Allah says: (But if they choose to separate, Allah will enrich both of them from His bounties. And Allah is Ever-Bountiful, All-Wise.) [An-Nisaa:130]
٢
Repelling many harms that may result from continuing a life full of hatred and resentment, which may lead to falling into lude and immoral behavior, may Allah forbid that from happening.
٣
Taking heed from the lessons of the first marriage, reconsidering many matters, being honest with oneself about its shortcomings, and trying to overcome them, which can then help in the success of the second marriage.
٤
Ending the cycle of clashes and confrontations, and whatever hatred and misbehavior that may lead to and the breakdown in relations between each other.
٥
Preserving family members, their mental well-being, and their personalities from being destroyed, as a result of living in a house void of peace and tranquility, which is more harmful to children.

The Harms of Divorce

١
The dispersal of the family unit and the destruction of the family home that is supposed to be built on compassion and mercy.
٢
Another harm is if the parents do not behave well after the divorce, either by keeping their enmity going and tearing down the sense of their children’s belonging to either parent or using them to pressure the other. As a result, children are vulnerable to psychological disorders and intellectual and moral deviations, and their harmful effects grow until their lives end.
٣
Enmity and discord between husband and wife, and this may extend to their families, widening the circle of discord, and this is contrary to the cohesion and interdependence of society that Islam wants.

Types of divorce

١
Revocable divorce.
٢
Minor irrevocable divorce.
٣
Major irrevocable divorce.

Revocable Divorce

It is the divorce in which a man signs his wife for the first and second time, and he has the right to take her back as long as she is in the waiting period, without needing her permission or a new contract.

Minor Irrevocable Divorce

It occurs the first or second time but after the iddat (waiting period) expires, in such a case, it is not permissible for him to take her back unless there is a new contract.

Major Irrevocable Divorce

A third divorce, in which the husband does not have the right to take back his wife except with a new contract and dowry after she marries another husband. Then he divorces her - without any prior arrangement for the purpose of her returning to the first husband, or if he dies, leaving her as a widow.

The rulings related to minor and major revocable divorce show clear examples of the virtues of Islamic law. But, of course, divorce is not the end. At the time of the revocable (divorce) or the minor separation of the spouses gives each one of them an opportunity and ample time to reconsider and reflect on the consequences in a calm manner and removed from the pressure caused by marital problems, as well as after the woman’s divorce from her second husband in the major separation, the two parties may find that return is possible and that it is a good option. Still, often this experience is a reason for rebuilding the marriage on firm and solid foundations.

The 'Idda' Period

It is a period specified by legislation after separation - by death or divorce - for which a woman must wait without marriage until the period expires.

The wife has the right to spend her waiting period in her husband's house, and he is responsible for her maintenance, and she is also entitled to inherit if her husband dies while she is in the waiting period. It is forbidden for her to receive proposals from other men during this waiting period, 'Idda.'

The wisdom behind the legality of the waiting period

١
Worship is based on submission to Allah. The Muslim man and woman have surrendered their affair to Allah, so if He decrees an order, they hasten to comply; to make apparent their servitude.
٢
To ensure that the woman's womb is free of any fetus or pregnancy.
٣
Giving the husband enough opportunity after the divorce to return to his divorced wife.
٤
Time to grieve over the deceased husband.

You've successfully completed the lesson


Start the exam