Important Shar‘i Rulings on Divorce in Light of the Qur’an and Hadith
Compiled by: Tauheed.com
Al-ḥamdu lillāh, Who sent His Messenger with guidance and the religion of truth to make it prevail over all religions. Blessings and peace be upon the best of His creation, Muhammad ﷺ, his family, companions, wives, followers, and all members of his household.
O Allah, show us the truth as truth and grant us the ability to follow it, and show us falsehood as falsehood and grant us the ability to avoid it. O my Lord, expand my chest, ease my task for me, and untie the knot from my tongue so they may understand my speech.
Nikah is a strong bond through which a man and a woman become connected under Islamic law. Allah ﷻ has made this relationship a source of love, mercy, peace, and affection so that both spouses may find tranquility in each other and lead a pleasant life.
Men are commanded:
"وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ" (An-Nisā’: 19)
Meaning: “And live with them in kindness.”
Women are also instructed to obey and honor their husbands, thereby maintaining mutual rights.
"وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ" (Al-Baqarah: 228)
Meaning: “And women have rights similar to those of men over them in kindness, and men have a degree over them.”
Islam obligates kind and respectful behavior toward women. The following verses and Hadiths emphasize this:
Allah’s Command:
"وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ" (An-Nisā’: 19)
“Live with them in kindness.”
Another Verse:
"فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ" (Al-Baqarah: 229)
“Either retain them in a fair manner or release them with kindness.”
❀ “Treat women kindly…”
(Bukhārī v2, p779; Muslim v1, p475)
❀ “A believing man should not hate a believing woman. If he dislikes one of her traits, he may be pleased with another.”
(Muslim v1, p475)
❀ “A man’s spending on his family is an act of charity.”
(Tirmidhī v3)
❀ “The best dinar is the one a man spends on his family.”
(Tirmidhī)
❀ “Among the believers, the most complete in faith is the one with the best character, and who is kind and gentle toward his family.”
(Tirmidhī)
① She should be advised
② Physical separation in bed may be applied
③ If needed, disciplinary measures may be taken
Allah says:
"وَاللاَّتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ…" (An-Nisā’: 34)
Each party should appoint an arbitrator from their family to seek reconciliation.
Allah commands:
"فَابْعَثُوا حَكَمًا مِّنْ أَهْلِهِ وَحَكَمًا مِّنْ أَهْلِهَا…" (An-Nisā’: 35)
If arbitration fails, scholars should be approached to derive a solution based on Qur’an and Hadith.
Due to the absence of a complete Islamic government, Muslims should form local Shar‘ī arbitration councils comprising qualified scholars to resolve disputes per Islamic teachings. Authorities should be urged to recognize these councils.
The Prophet ﷺ said:
“The most detestable of the permissible things to Allah is divorce.”
(Abū Dāwūd with ʿAwn al-Maʿbūd v1, p221)
✔ Issue only one divorce: The husband should say, “I have divorced you,” and stop.
(Qur’an: Al-Ṭalāq, verse 1)
✔ During a state of purity (ṭuhr): When no intercourse has occurred.
(Bukhārī)
✔ In the presence of two just witnesses.
(Qur’an: Al-Ṭalāq: 2)
① Three menstruations (for menstruating women)
② Three lunar months (for non-menstruating women)
③ Until delivery (for pregnant women)
✔ During ‘iddah, reconciliation (rujūʿ) is possible by merely stating: “I take you back.”
✔ It is preferable to do so in the presence of two just witnesses.
If a man insists on giving three divorces, he must do so in three separate ṭuhrs:
❀ “Issue one divorce during a ṭuhr in which intercourse did not take place, then a second in another ṭuhr, and a third in a third ṭuhr…”
(Sunan Nasā’ī v2, p80)
If the wife cannot live with her husband and dislikes him, she may pay a compensation (less or more than mahr) to be released from the marriage.
Qur’anic Verse:
"فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ…" (Al-Baqarah: 229)
❀ The wife of Thābit ibn Qays returned her garden in exchange for khul‘.
(Bukhārī v2, p794)
❀ “Any woman who seeks divorce without harm, the fragrance of Paradise is forbidden for her.”
(Abū Dāwūd)
❀ One menstrual period
(Tirmidhī, Abū Dāwūd)
There was no limit on the number of divorces. Islam limited it:
"الطلاق مرتان…"
After two divorces, one may return, but after the third, no return is allowed.
Sharī‘ah considers three separate divorces in three different times to be final.
Issuing three in one sitting is a bid‘ah (innovation), and the Prophet ﷺ was angered upon hearing it:
❀ “Are you playing with the Book of Allah while I am among you?”
(Sunan Nasā’ī v2, p89)
Islamic jurisprudence considers this act bidʿī (innovative), and the doer sinful.
If a man says in one sitting: “I give you three divorces” or repeats: “I divorce you” three times — then only one divorce is valid under Sharī‘ah, and the husband retains the right to reconciliation during ‘iddah.
Qur’anic Evidence:
"الطلاق مرتان…" (Al-Baqarah: 229)
Authentic Aḥādīth Evidence:
❀ Ibn ‘Abbās (Muslim):
“During the Prophet’s ﷺ time, Abū Bakr’s era, and the early period of ‘Umar’s caliphate, three divorces in one sitting were counted as one.”
❀ Rukānah (Aḥmad, Abū Yaʿlā):
He issued three divorces in one sitting. The Prophet ﷺ said, “It counts as one; you may reconcile if you wish.”
❀ Maḥmūd ibn Labīd (Nasā’ī v2, p89):
The Prophet ﷺ was angered and rebuked the man who issued triple divorce in one go.
This shows that during the Prophet’s ﷺ era, as well as Abū Bakr’s and early ‘Umar’s, triple divorce in one sitting counted as only one. Later, ‘Umar enforced it as a disciplinary measure.
If a man issues three valid divorces, the woman becomes forbidden for him until she marries another man with full marital relations. If that man later divorces or dies, and her ‘iddah ends, she may remarry her first husband.
The intentional and temporary halālah marriage is ḥarām. The Prophet ﷺ condemned it:
❀ “Allah has cursed the one who does halālah and the one for whom it is done.”
(Abū Dāwūd, Tirmidhī, Ibn Mājah, Aḥmad)
❀ “Shall I inform you about a borrowed stallion? He is the one who does halālah.”
(Ibn Mājah)
Sayyidunā ‘Umar and other Companions equated such marriage with zinā (fornication).
If marriage occurred but was not consummated, there is no ‘iddah. She may remarry immediately.
"فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا" (Al-Aḥzāb: 49)
She must complete three menstrual cycles (Al-Baqarah: 228).
✔ Husband may reconcile before ‘iddah ends.
✔ If not, the marriage ends, and a new marriage may be arranged.
Women who do not menstruate due to age, illness, or youth: three lunar months.
Pregnant women: until childbirth
(Qur’an: Al-Ṭalāq: 4)
She must observe an ‘iddah of four months and ten days
(Al-Baqarah: 234)
He must bear all expenses of the children.
"وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ…" (Al-Baqarah: 233)
The responsibility lies with the legal heirs.
وَآخِرُ دَعْوَانَا أَنِ الْـحَمْدُ لِلَّهِ رَبِّ الْعَالَمِينَ وَصَلَّى اللَّهُ عَلَى نَبِيِّنَا مُحَمَّدٍ وَعَلَى آلِهِ وَصَحْبِهِ أَجْمَعِينَ
Compiled by: Tauheed.com
Introduction
Al-ḥamdu lillāh, Who sent His Messenger with guidance and the religion of truth to make it prevail over all religions. Blessings and peace be upon the best of His creation, Muhammad ﷺ, his family, companions, wives, followers, and all members of his household.
O Allah, show us the truth as truth and grant us the ability to follow it, and show us falsehood as falsehood and grant us the ability to avoid it. O my Lord, expand my chest, ease my task for me, and untie the knot from my tongue so they may understand my speech.
The Bond of Nikah (Marriage)
Nikah is a strong bond through which a man and a woman become connected under Islamic law. Allah ﷻ has made this relationship a source of love, mercy, peace, and affection so that both spouses may find tranquility in each other and lead a pleasant life.
Men are commanded:
"وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ" (An-Nisā’: 19)
Meaning: “And live with them in kindness.”
Women are also instructed to obey and honor their husbands, thereby maintaining mutual rights.
"وَلَهُنَّ مِثْلُ الَّذِي عَلَيْهِنَّ بِالْمَعْرُوفِ وَلِلرِّجَالِ عَلَيْهِنَّ دَرَجَةٌ" (Al-Baqarah: 228)
Meaning: “And women have rights similar to those of men over them in kindness, and men have a degree over them.”
Good Treatment Toward Wives
Islam obligates kind and respectful behavior toward women. The following verses and Hadiths emphasize this:
Allah’s Command:
"وَعَاشِرُوهُنَّ بِالْمَعْرُوفِ" (An-Nisā’: 19)
“Live with them in kindness.”
Another Verse:
"فَإِمْسَاكٌ بِمَعْرُوفٍ أَوْ تَسْرِيحٌ بِإِحْسَانٍ" (Al-Baqarah: 229)
“Either retain them in a fair manner or release them with kindness.”
Prophetic Sayings (Aḥādīth):
❀ “Treat women kindly…”
(Bukhārī v2, p779; Muslim v1, p475)
❀ “A believing man should not hate a believing woman. If he dislikes one of her traits, he may be pleased with another.”
(Muslim v1, p475)
Spending on One’s Household is Charity
❀ “A man’s spending on his family is an act of charity.”
(Tirmidhī v3)
❀ “The best dinar is the one a man spends on his family.”
(Tirmidhī)
Honor Toward Women
❀ “Among the believers, the most complete in faith is the one with the best character, and who is kind and gentle toward his family.”
(Tirmidhī)
Reconciliation Between Spouses
❀ If the Fault Lies with the Wife:
① She should be advised
② Physical separation in bed may be applied
③ If needed, disciplinary measures may be taken
Allah says:
"وَاللاَّتِي تَخَافُونَ نُشُوزَهُنَّ فَعِظُوهُنَّ وَاهْجُرُوهُنَّ فِي الْمَضَاجِعِ وَاضْرِبُوهُنَّ…" (An-Nisā’: 34)
❀ If Both Parties Are at Fault:
Each party should appoint an arbitrator from their family to seek reconciliation.
Allah commands:
"فَابْعَثُوا حَكَمًا مِّنْ أَهْلِهِ وَحَكَمًا مِّنْ أَهْلِهَا…" (An-Nisā’: 35)
❀ Consulting Scholars and Experts
If arbitration fails, scholars should be approached to derive a solution based on Qur’an and Hadith.
Formation of Shar‘ī Arbitration Councils
Due to the absence of a complete Islamic government, Muslims should form local Shar‘ī arbitration councils comprising qualified scholars to resolve disputes per Islamic teachings. Authorities should be urged to recognize these councils.
Divorce is Disliked
The Prophet ﷺ said:
“The most detestable of the permissible things to Allah is divorce.”
(Abū Dāwūd with ʿAwn al-Maʿbūd v1, p221)
Shar‘ī Method of Divorce
✔ Issue only one divorce: The husband should say, “I have divorced you,” and stop.
(Qur’an: Al-Ṭalāq, verse 1)
✔ During a state of purity (ṭuhr): When no intercourse has occurred.
(Bukhārī)
✔ In the presence of two just witnesses.
(Qur’an: Al-Ṭalāq: 2)
Waiting Period (‘Iddah) of the Wife
① Three menstruations (for menstruating women)
② Three lunar months (for non-menstruating women)
③ Until delivery (for pregnant women)
✔ During ‘iddah, reconciliation (rujūʿ) is possible by merely stating: “I take you back.”
✔ It is preferable to do so in the presence of two just witnesses.
Three Divorces – Sunnah Method
If a man insists on giving three divorces, he must do so in three separate ṭuhrs:
❀ “Issue one divorce during a ṭuhr in which intercourse did not take place, then a second in another ṭuhr, and a third in a third ṭuhr…”
(Sunan Nasā’ī v2, p80)
Khul‘ (Mutual Separation)
If the wife cannot live with her husband and dislikes him, she may pay a compensation (less or more than mahr) to be released from the marriage.
Qur’anic Verse:
"فَلا جُنَاحَ عَلَيْهِمَا فِيمَا افْتَدَتْ بِهِ…" (Al-Baqarah: 229)
Khul‘ in the Time of the Prophet ﷺ
❀ The wife of Thābit ibn Qays returned her garden in exchange for khul‘.
(Bukhārī v2, p794)
Warning Against Seeking Khul‘ Without Cause
❀ “Any woman who seeks divorce without harm, the fragrance of Paradise is forbidden for her.”
(Abū Dāwūd)
‘Iddah After Khul‘
❀ One menstrual period
(Tirmidhī, Abū Dāwūd)
Divorce in Pre-Islamic Era
There was no limit on the number of divorces. Islam limited it:
"الطلاق مرتان…"
After two divorces, one may return, but after the third, no return is allowed.
Triple Divorce in One Sitting
Sharī‘ah considers three separate divorces in three different times to be final.
Issuing three in one sitting is a bid‘ah (innovation), and the Prophet ﷺ was angered upon hearing it:
❀ “Are you playing with the Book of Allah while I am among you?”
(Sunan Nasā’ī v2, p89)
Islamic jurisprudence considers this act bidʿī (innovative), and the doer sinful.
Shar‘ī Ruling on Three Divorces in One Sitting
If a man says in one sitting: “I give you three divorces” or repeats: “I divorce you” three times — then only one divorce is valid under Sharī‘ah, and the husband retains the right to reconciliation during ‘iddah.
Qur’anic Evidence:
"الطلاق مرتان…" (Al-Baqarah: 229)
Authentic Aḥādīth Evidence:
❀ Ibn ‘Abbās (Muslim):
“During the Prophet’s ﷺ time, Abū Bakr’s era, and the early period of ‘Umar’s caliphate, three divorces in one sitting were counted as one.”
❀ Rukānah (Aḥmad, Abū Yaʿlā):
He issued three divorces in one sitting. The Prophet ﷺ said, “It counts as one; you may reconcile if you wish.”
❀ Maḥmūd ibn Labīd (Nasā’ī v2, p89):
The Prophet ﷺ was angered and rebuked the man who issued triple divorce in one go.
This shows that during the Prophet’s ﷺ era, as well as Abū Bakr’s and early ‘Umar’s, triple divorce in one sitting counted as only one. Later, ‘Umar enforced it as a disciplinary measure.
Woman Becomes Ḥalāl Only Through Shar‘ī Method
If a man issues three valid divorces, the woman becomes forbidden for him until she marries another man with full marital relations. If that man later divorces or dies, and her ‘iddah ends, she may remarry her first husband.
Condemnation of “Halālah” Marriage
The intentional and temporary halālah marriage is ḥarām. The Prophet ﷺ condemned it:
❀ “Allah has cursed the one who does halālah and the one for whom it is done.”
(Abū Dāwūd, Tirmidhī, Ibn Mājah, Aḥmad)
❀ “Shall I inform you about a borrowed stallion? He is the one who does halālah.”
(Ibn Mājah)
Sayyidunā ‘Umar and other Companions equated such marriage with zinā (fornication).
Rulings on ‘Iddah
◈ Non-consummated Wife
If marriage occurred but was not consummated, there is no ‘iddah. She may remarry immediately.
"فَمَا لَكُمْ عَلَيْهِنَّ مِنْ عِدَّةٍ تَعْتَدُّونَهَا" (Al-Aḥzāb: 49)
◈ Consummated Wife
She must complete three menstrual cycles (Al-Baqarah: 228).
✔ Husband may reconcile before ‘iddah ends.
✔ If not, the marriage ends, and a new marriage may be arranged.
◈ Women Without Menses / Pregnant Women
Women who do not menstruate due to age, illness, or youth: three lunar months.
Pregnant women: until childbirth
(Qur’an: Al-Ṭalāq: 4)
◈ Widow
She must observe an ‘iddah of four months and ten days
(Al-Baqarah: 234)
Childcare After Divorce
❀ Maintenance During ‘Iddah
- If revocable divorce, husband must provide living and expenses.
- If irrevocable, and wife is pregnant, maintenance continues until delivery.
(Al-Baqarah: 233, Al-Ṭalāq: 6)
❀ Father’s Responsibility
He must bear all expenses of the children.
"وَعَلَى الْمَوْلُودِ لَهُ رِزْقُهُنَّ وَكِسْوَتُهُنَّ…" (Al-Baqarah: 233)
❀ Right of Custody
- Mother is more deserving, unless she remarries. (Abū Dāwūd)
- Upon maturity, the child may choose between parents.
❀ If the Father Dies
The responsibility lies with the legal heirs.
وَآخِرُ دَعْوَانَا أَنِ الْـحَمْدُ لِلَّهِ رَبِّ الْعَالَمِينَ وَصَلَّى اللَّهُ عَلَى نَبِيِّنَا مُحَمَّدٍ وَعَلَى آلِهِ وَصَحْبِهِ أَجْمَعِينَ
