Divorce in Islam

السَّلاَمُ عَلَيْكُمْ وَرَحْمَةُ اللهِ وَبَرَكَاتُهُ

It’s Wednesday 17th February 2021.

My chosen topic today is ‘Divorce in Islam’.

Before I start this message, let me make it absolutely clear that this particular subject is very sensitive and, under no circumstances, should one take this lightly. Also, although divorce is allowed in Islam, it is an action which should only be carried out as a complete last resort.

Each and every avenue should be exhausted and no stone must be left unturned in reconciliation efforts. It is the worst of the permissible actions; therefore, please try and avoid it at all costs. However, if you do get to the unfortunate stage of divorce, then carry it out amicably. There is no need at all to become bitter enemies and to go for each other’s throats. No, not at all.

As each and every circumstance will be different, my sincere advice to all husbands is to seek guidance and advice from their Imām, and local scholars. Likewise, the wife should seek guidance from the local ‘Ālimāt. Make the process as smooth as possible.

Remember, you are not enemies. There should be no hatred or malice. You are the same two people who have lived together and enjoyed each other’s company. If there are children involved, then the issue is even more sensitive and delicate. Do not rush into divorce.

As a general rule, the husband should never ever pronounce more than one Talāq. That’s all that is required. The wife should never demand more than one Talāq. There is no need. Remember, Talāq is usually in the heat of the moment and out of anger. *ONE TALĀQ IS SUFFICIENT*.

Our Sharī’ah has made life so easy for us that after one Raj’ī (revocable) Talāq, both can reconcile during the ‘Iddah period, without even a Nikāḥ. Once the ‘Iddah period finishes, they can still get back together after performing Nikāḥ again.

Once you have pronounced three, there is generally no way back. Hence, don’t fall into that trap. Unfortunately, divorce cases are on the increase in our community and the situation is getting beyond control. Work towards making your marriage work.

Almighty Allāh strengthen the relationship of all couples and keep them together till death do them part, Āmeen.

جَزَاكَ اللَّهُ خَيْرًا
Request for Du’ās
وَالسَّلَامُ Hanif Dudhwala

 

Supplementary Resources

Divorce FatwasMufti Yūsuf Shabbir

Divorce Fatwas – Mufti Muḥammad ibn Ādam

Divorce – Mufti ‘Abdur Raḥmān ibn Yūsuf