Divorce in Islam

The Statement of Allah(swt) 

 Those who swear to abstain from their wives have four months of waiting. Therefore, if they revert back, Allah is Most-Forgiving, Very- Merciful,(Quran 2:226)

 and if they resolve to divorce, Allah is All-Hearing, All-Knowing (Quran 2:227)

"And set them free (divorce them) in a handsome manner." (Quran.33:49)

"And set you free in a handsome manner (divorce)". (Quran33:28)

(The divorce is twice) "After that, either you retain her on reasonable terms or release her with kindness." (Quran.2:229)

"Or part with them in a good manner." (Quran.65:2)

It was narrated from 'Abdullah bin 'Umar that the  Messenger of Allah said: "The  most hated of permissible things to Allah is divorce."(ibn majah :2018)

Divorce in accordance with the Sunnah: Such a divorce given to a wife during her purity period (the days other than her menses) and on the basis that he has not had intercourse with her during her purity. A husband should divorce her by saying 'I divorce you' or 'You are divorced' and thereafter he maintains her living expenses; and he keeps her in his house for the waiting period (which is three menses or three months) and they should separate after the waiting period is over. This is the best way to divorce. Restoring one's wife after issuing such a divorce is consensually correct, and establishing a new bond of marriage after the waiting time has elapsed is also permissible.

Divorce contrary to Sunnah :Divorce issued to a woman during her menses or during her purity, in which the husband has had intercourse with her; or pronouncing divorce three times in the same session is contrary  to the Sunnah.

False or Ineffective Divorce : Divorce issued by a person being forced to do so,divorcing before establishing  a bond of marriage ,divorce of a child,divorce of an insane ,or divorce of an unconscious person are all ineffective.  

Narrated 'Abdullah bin 'Umar:

that he had divorced his wife while she was menstruating during the lifetime of Allah's Apostle 'Umar bin Al-Khattab asked Allah's Apostle about that. Allah's Apostle said, "Order him (your son) to take her back and keep her till she is clean and then to wait till she gets her next period and becomes clean again, whereupon, if he wishes to keep her, he can do so, and if he wishes to divorce her he can divorce her before having sexual intercourse with her; and that is the prescribed period which Allah has fixed for the women meant to be divorced."(Bukhari 5251)

Issuing divorce during menses, or during the pure days in which the husband has had intercourse, is an illegal way of divorce. This divorce has the controversial status of it being effective or ineffective. It will take place according to many scholars (like Imam Bukhari)and they said the person giving divorce in such a way will be sinful. Some other scholars said this type of divorce cannot take place at all because it is not in accordance with the Sunnah. Imam Ibn Hazm and Imam Ibn Taimiyyah and others, may Allah have mercy on them, hold this opinion

 Nãfi' said: When Ibn 'Umar was asked about a person who had given three divorces, he said, "Would that you gave one or two divorces, for the Prophet ; ordered me to do so. If you give three divorces then she cannot be lawful for you until she has married another husband (and is divorced by him) ."(Bukhari 5264)

Narrated 'Aishah A man divorced his wife and she married another man who proved to be impotent and divorced her. She could not get her satisfaction from him, and after a while he divorced her. Then she came to the Prophet (pbuh)and said, "O Allah's Messenger! My first husband divorced me and then I married another man who entered upon me to consummate his marriage but he proved to be impotent and did not approach me except once during which he benefited nothing from me. Can I re-many my first husband in this case?" Allah's Messenger ; said, "It is unlawful to many your first husband till the other husband consummates his marriage with you."(Bukhari 5265)

It was narrated that Abu Bakr bin Abu Jahrn bin Sukbair   Al Adawi said i heared Fatimah bint Qais say that her husband divorced her three times, and the Messenger of Allah did not say  that  she was entitled to  accommodation and maintenance." (ibn majah 2035)

A husband is not responsible for a woman's living expenses for the waiting period after the final divorce. If a woman is pregnant, then the husband is responsible for the expense of her waiting period, even after the final divorce. The statement of Allah Almighty is: "And if they are pregnant then spend for them till they deliver their pregnancy." (At-Taliq 65: 6)

 It was narrated from Abu Hurairah that the Messenger of Allah said: "There are three  matters in which seriousness is serious and joking is serious: marriage, divorce and taking back(one's wife). " (ibn majah :2039)

The relationship of marriage is extremely important due to which a man and woman become lawful for each other and they accept its responsibilities; and it is also because of the marriage bond that their children are legal. Therefore, many rules were Divinely legislated to keep the sanctity of this relationship upright. When accepting a religious responsibility, or withdrawing from it, one should carefully reflect upon its consequences, so that one will not have to face regret and worry later.

Awazi said: "I asked Zuhri 'Which of the wives of the  Prophet sought refuge with  Allah  from him?' He said: "Urwah told me, (narrating) from Aishah, that when the daughter  of Jawn entered upon the Messenger of Allah and he came dose to her, she said: "I seek refuge with Allah from you."The Messenger of Allah said: , "You have sought refuge in the Almighty; go to your-family."(ibn majah:2050)

Some words used for divorce are very clear and manifest, and give clear message of divorce; for example: 'I divorce you.' These words consensually make the divorce effective. There are some words that have both meanings: divorce or any other meaning which is called "connotation." The dear and manifest meanings of these words rely on the intention of the person. If one uttered them with the intention of divorce, then the divorce would be effective, otherwise not.