This excerpt is taken from Dr. Yusuf Al-Qaradawi's book Halal and Haram in Islam, translated into Urdu by Muhammad Tahir Naqqash.
Islamic Restrictions Regarding Divorce
Islamic Shariah has imposed several restrictions regarding divorce, which have limited the scope of divorce. Giving divorce without utilizing the means mentioned earlier and without necessity is forbidden and prohibited in Islam. This is because it harms not only the wife but also the husband himself, and it is against wisdom. Therefore, giving divorce in such a situation is as forbidden as wasting wealth. The Prophet Muhammad (peace be upon him) said:
لا ضرر ولا ضرار
"Do not harm yourself or others."
Reference: Ibn Majah, Kitab al-Ahkam: Chapter on One Who Builds in His Right That Harms His Neighbor, Hadith: 2340, 2341
According to this, there is no justification for such a divorce.
As for those who give divorce frequently out of whim, this is not pleasing to Allah nor to His Messenger (peace be upon him). The Prophet (peace be upon him) said:
لا أحب الدواقين من الرجال والدواقات من النساء
"I do not like men or women who are whimsical."
Reference: Al-Jami' li Abdullah ibn Wahb: 69, its chain is weak
إن الله لا يحب الدواقين ولا الدواقات
"Allah does not like men or women who are whimsical."
Reference: Musannaf Ibn Abi Shaybah: 243, 252/5 - Al-Tabarani in Al-Awsat: 413/8, Hadith: 7844, Al-Bazzar Kashf al-Istar: 192/2, Hadith: 1497, 1498, its chain is weak
And Sayyiduna Abdullah ibn Abbas (may Allah be pleased with him) said that divorce was legislated only to fulfill necessity.
Divorcing during menstruation is forbidden
It is not permissible to give divorce at any time whenever the need arises; rather, it is necessary to wait for an appropriate time. Legally, the appropriate time is the state of purity (halat-e-tahir). That is, the woman should not be in the state of menstruation (hayd) or postpartum bleeding (nifas). Also, during this state of purity, she should not have had intercourse (mujammiat). Except in the case where the woman is pregnant and the pregnancy has become apparent.
This is because during menstruation and postpartum bleeding, the husband stays away from the wife. This deprivation of intimacy may incline him to give divorce. Considering this possibility, the ruling is given that the husband should wait until the menstruation ends and the wife becomes pure, and give divorce before touching (intercourse) after purity.
Just as it is forbidden to give divorce during menstruation, similarly it is forbidden to give divorce during the state of purity in which intercourse has already taken place. Who knows, the woman might have conceived. And it is not surprising that if the husband knew about the pregnancy, he would change his mind, not give divorce, and prefer to keep the company of the wife because of the fetus (child in the mother's womb)!
But when the wife is in the state of purity and the husband has not had intercourse, or if she is pregnant and the pregnancy has become apparent, then in such a case giving divorce means that the hatred for the wife has become firm, so in such a case there is no harm in giving divorce.
In Sahih Bukhari, it is narrated that Sayyiduna Abdullah bin Umar (may Allah be pleased with them) gave divorce to his wife during her menstruation in the time of the Prophet's mission. When Sayyiduna Umar (may Allah be pleased with him) inquired, the Prophet Muhammad (peace be upon him) said: "Tell her to return (reconcile), then if they wish, they may give divorce before touching (intercourse) in the state of purity."
Reference: Bukhari, Book of Divorce, Chapter 1, Hadith: 5251, 5258
This is the divorce for the 'iddah (waiting period), which Allah Almighty has commanded. That O Prophet (peace be upon him)! When you divorce women, divorce them for their 'iddah, meaning the time when they can begin their 'iddah. This refers to the state of purity.
Reference: Muslim, Book of Divorce, Chapter: Prohibition of Divorce during Menstruation, Hadith: 1471
In another narration:
مره فليرا جعها ثم ليطلقها طاهرا أو حاملا
"Tell them to return, then give divorce in the state of purity or if she is pregnant."
Reference: Muslim, Book of Divorce, Chapter: Prohibition of Divorce during Menstruation, Hadith: 1471/5
Here the question arises that divorce does not take effect during menstruation because Allah Almighty has neither legislated nor permitted such a divorce, so such a divorce is not a legal divorce. Then how can it be called valid and how can it be enforced?
Imam Abu Dawood (may Allah have mercy on him) has stated with an authentic chain of narration that Sayyiduna Ibn Umar (may Allah be pleased with them) was asked:
كيف ترى فى رجل طلق امرأته حائضا؟ فقص على السائل قصته حين طلق امرأته وهى حائض وأن رسول الله ردها عليه ولم يرها شيئا
"What is your opinion about a person who divorces his wife during her menstruation?" He narrated his own story of giving divorce and said that the Messenger of Allah (peace be upon him) rejected that divorce and did not count it as a divorce.
Reference: Abu Dawood, Book of Divorce, Chapter: On the Divorce of the Sunnah, Hadith: 2185
Taking an Oath Regarding Divorce is Forbidden
Declaring divorce null and void by taking an oath that divorce will occur if a certain action is done or not done is not permissible. It is also not permissible to threaten one's wife by saying that if you do this, you will be divorced. This is because Islam has prescribed a specific form for taking oaths, and no other form of oath is allowed. This form is taking an oath by Allah Almighty.
The Messenger of Allah, peace be upon him, said:
من حلف بغير الله فقد أشرك
"Whoever swears by anything other than Allah has committed shirk (associating partners with Allah)."
Reference: Abu Dawood, Book of Faith and Vows, Chapter on Disliking Swearing by Fathers, Hadith: 3251; Tirmidhi, Book of Vows and Oaths, Chapter: 9, Hadith: 1535
من كان حالفا فليحلف بالله أو ليصمت
"Whoever must swear should swear by Allah or remain silent."
Reference: Bukhari, Book of Testimonies, Chapter: How is it permissible? Hadith: 2679 - Muslim, Book of Faith, Chapter on Prohibition of Swearing by Other than Allah, Hadith: 1646/3
A Divorced Woman Should Observe 'Iddah in Her Husband's House
According to Islamic teachings, a divorced woman is obligated to observe the waiting period (iddah) in her husband's house. It is forbidden for a woman to leave the house during this time, and it is also not permissible for the husband to unjustly expel his wife from the house. This is because during the iddah, there is a possibility that the husband may reconcile, especially if the divorce was given for the first or second time. In such a case, if the wife stays close to her husband in the house, she will have the opportunity to soften his feelings, and the husband will also have a chance to think carefully.
The command of iddah is given for the purity of the womb, respect for the husband's rights, and the dignity of the marital relationship, while the state of hearts is that they keep changing. A person begins to think in a new way, anger subsides, and the person becomes willing. The emotions that were flowing cool down, and the person who had unpleasant thoughts begins to like the other.
Regarding divorced women, Allah Almighty says:
وَاتَّقُوا اللَّهَ رَبَّكُمْ ۖ لَا تُخْرِجُوهُنَّ مِن بُيُوتِهِنَّ وَلَا يَخْرُجْنَ إِلَّا أَن يَأْتِينَ بِفَاحِشَةٍ مُّبَيِّنَةٍ ۚ وَتِلْكَ حُدُودُ اللَّهِ ۚ وَمَن يَتَعَدَّ حُدُودَ اللَّهِ فَقَدْ ظَلَمَ نَفْسَهُ ۚ لَا تَدْرِي لَعَلَّ اللَّهَ يُحْدِثُ بَعْدَ ذَٰلِكَ أَمْرًا
"And fear Allah, your Lord. Do not send them out of their houses, nor shall they themselves leave, except if they commit a clear immorality. These are the limits set by Allah, and whoever transgresses the limits of Allah indeed wrongs himself. You do not know; perhaps Allah will bring about after that a situation."
Reference: Surah At-Talaq: 1
But if separation becomes inevitable, then both should separate in a good and honorable manner. Neither should cause harm, nor make accusations, nor violate rights.
The Divine command is:
فَأَمْسِكُوهُنَّ بِمَعْرُوفٍ أَوْ فَارِقُوهُنَّ بِمَعْرُوفٍ
"So keep them in good manner or part with them in good manner."
Reference: Surah At-Talaq: 2
And He said:
وَلِلْمُطَلَّقَاتِ مَتَاعٌ بِالْمَعْرُوفِ ۖ حَقًّا عَلَى الْمُتَّقِينَ
"And for divorced women is a provision according to what is acceptable—a duty upon the righteous."
Reference: Surah Al-Baqarah: 241
Second Divorce After the First One
Islam has given the Muslim the option to give three divorces three times. In such a way that in the period of purity in which he has not had intercourse, he gives one divorce and then leaves her in that state until the waiting period (iddah) is completed. If the husband wishes to keep her during the iddah, he may do so, but if he does not reconcile and the iddah ends, then he can bring her back with a new marriage contract. If the husband does not consider it necessary, the woman may marry another husband.
If after the first divorce the husband takes her back into his marriage and then the relationship between them becomes strained and reconciliation is not possible, he can give the second divorce. This is done in the manner mentioned above. The husband still has the option to reconcile during the iddah or to take her back with a new marriage contract after the iddah ends.
But if after taking her back again he gives the third divorce, it is clear evidence that hatred between them has become firm and reconciliation is not possible. In such a case, that is after the third divorce, it is not permissible for the husband to take her back. She will not be lawful for him until she marries another husband. Such a marriage must be valid and conducted according to Shariah, and the marriage itself must be intended, not done merely for the purpose of halala for the former husband.
Contrary to this method of divorce, the person who combines the three intervals into one and gives three divorces at once (in one sitting) acts against the Shariah method and deviates from the right path. It is in an authentic hadith that when the Messenger of Allah, peace be upon him, learned that a man had given his wife three divorces at once, he stood up in anger and said:
أيلعب بكتاب الله وأنا بين أظهركم؟ حتى قام رجل فقال يا رسول الله ألا أقتله
"Is the Book of Allah being toyed with? While I am among you." Then a man (seeing the Prophet’s severe anger) stood up and said: O Messenger of Allah, shall I not kill him?
Reference: Nasa'i, Kitab al-Talaq, Bab al-Thalath al-Majmu'ah wa ma fihi min al-Taghliz, Hadith: 3430
