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Chapter of Divorce



CHAPTER

Wife's Release against Payment
(Khu/')

A wife's release against payment is the wife', separa tion from h .. hl15band
in ,..,turn for remuneration paid to the husband, and it is effected through a

certain sp
the Arabic W<)rd •AA"I'· means taking off

something. and Ihi& term implies that the wife in this n.., "'parates from her
husband just like taking off her clothing. since the husband and hi. wife are

rder""d to in the Qurln as clothing for one another due to their
union, and intimacy. Alla h. Exalted be He, say",

"... 11uy are dothing/or)'flll and )'


(Qur'An: Al·Baqarah: 187)
It is well known that marriage is a union bnwee n the husband and his
wife to live logrther in kind" . ... bu ild up a new family. and bring up a new
ge neration. Allah, Exalted M Ht, !aY':


VII: DIVORC E

-And DfHiuig.u lf 11r,1/

crulMfor you fro", youndws IIUI"'"

Ilrat you "'ay filld tn"''IUililY ;II tire",; an d He pllKnl l/dwa ..
YO" "/fertion fuod
..•
(Qurln: Ar- Rum: 21)

If this noble obj ective of ma rriage is not fulfilled, as when there is no mutual
affection betw«n th e ,pauses, or when there is no affection of the huslxlnd
towards his wife, or when tMir living together be.:omtt unbeanble and it If
too difficult to scale thrir disputrs, the husband in w eh C3$($ is obl iged to
release her kindly. ALlah, Exalted bt- He, says:

.. the .. {after 'hat}, ri'Mr IcNp (lw"/ ill a .. II«IPfabk ""'..,....
M"

Tf!WlR (her) wlllr

,ood fTf!Dlme ..I.•.•

(Qur';1n: AI·Baqarah: 229)
Allah at&o says:
-S"t iflhty Iqi!rtJle (I')' diw"n/. 1I11t111 .../U " ,rkh tacit (oftlttm}
from Hi. "lrundRltCl. 1IN1 twr if Allah McomJIfWIIIg " ..d W",.••
(Qur'ilo n: An-Nisi': 130)
However, when the: husband loves his wife but she dislikcs him, his marmeR,
his ' ppear:m« , or hislaclt of reUgiown....., or fea T$ th e sin of not observing
his rights, it is permiloSible for her to aslt for separa ti on by ransoming herself
thn:lUgh payi ng him B monetary compensation. Allah, Exalted bt- He, says:



•... /rut if you pr tluu lhey will .."I knp lwllhln/ the limits "f
1I11t111, lhen
.. M IIJtJmt upon elthtr "f 'htm '''''etminl tlull
by which she nIIII(}III./tnsdf....
(Qu r'An: AI·Baqarnh: 229)
This
",",aJU that when any oftM two spouK$ f«1s [hal living togethu
results in disputes and violations of one another', rights, ", when the wife fears
that
may disobey
h... Wand, it is permissible for the wife in this eau
to talte the initiative aod lSlt for her release aga inst payment. LiLtewise, it is
permissible for the h .... sb.nd to Keept such rem l,ln eratlon in such cas..s and to
release her.
The wisdom beh ind ordinance of a wife's release agai nst payment (l h"l")
is to enable the wife 10 irrevocably oeparate from her hU$band. as it is a just
setlletnent for Ihe husband and the wife in casn like the a/Qre",",nlioned onC$.
It is I n act of the S"nn"h (Prophetic Tradition) for the hltSband to ag.r« to his
wife', request of releue.
if lhe husband IovC"i his wife, it is dC"iinbk:
for the wife to be patient and nO! to as.k for separation.


The wifes «,lease agai nst payment is permissible when its «'ason is fulmled
as stated in the
Qur'anic ver",. namely the fear that the two
spouses will not keep a good «,lation within the limits of Allah.
when
i. no need for such separation. it be<.:omes detestable in this c....,. or
prohibited according to others. This is because the Prophet (PBUH) says:

"If any ....oman wb her husband for divorce withoul ,ome ,frong
rewon. the odor of Paradise .... i/l be forbidden to her."'
(Rdated by the Five Compilers of Hadilh
In this regard. Sheikll Taqiyyud-Dln said:

"When a wife dislikes her husballd, the SUllllah permits h. r to ask
for release in return for remunemtioll alld ",nsom herself from her
husband, just w the capli¥Sometimes, the husband does not like his wife but keeps her so that she
may become bored with living with him and may ask him for «,lease for
monetary compensation. In this case. the husband is considered unjust to his
wife and it is prohibited for him to take such compensation. and the release
against payment (khu/') bc:comes invalid. Allah, Exalted be He, say"

... And da "(It mlJlce difficultiu for them III ordtr to take {Inuk]
part of what you gan them ..."
An·NisA': 19)
The meaning of this Qur'anic verse is that the husband must not treat his
wife badly to make her give him back all or part of what he has paid as dowry
or give up some of her rights. Still. the verse makes an exception as it permits
the husband to make difficulties for his wife to get back the dowry he has given
her if .he is an adulteress; Allah, Exalted be He, says:

":,.unk-.. thty commit a dear immorality {i.e. Qdu/tery]...
(Qur'o1n: An·Nisa': 19)
Commenting on the aforementioned
pleased with him)

lbn . Abb"-!; (may Allah be

'This ytrse add,...:;e. the man ....ho hales his ....ife. and mam
for her so that she may mnsom herself from him (by
rel. au again.t payment). Allah. E:ullled be He, forbaae such an
Yet, Allah Ihen says, '•.. un/us they commit a clwrlmn"wality
{i.e. adultery] •• .', in .... hich CWt it is permissible for him (i.e, the
husband) 10 make difficulties for her until.he asks for stparalion
and thus he gets back the dowry he ha. paid her. separatingfrom
her in return for getting remuntnltion:


Vlk DIVORCE

'"

.. against
(khun is
according to
Qur'an,
the S..""ah (Prophetic Tradition) and the consensus of .cholors, provi.drd
there o:ists • good rtason for it The Qur'ank evidence of the permissibility of
release against payment is the aforementioned "",.se, in which Allah, Exalted
be He, says:
fear IIUII thty ",ill not keep (withilt] th. limits "I
Allah, thtn thtn iJ 110 bla"", Upoll t itJu, afthnu tD"ce,ning tlull
by which me rallSOms he"elf. •."
(Qur'an: AI-Baqarah: 229)
«, •• but if}'OlI

As for the SU""llh, the following Iyldfth, wh.ich is related in the SMi/1
(Authentic Book) of
is a proof of the permissibility of a wife'.
rdea .. in «,turn for remuneration:

"The wife of TMbil Ibn Qays came to the Prophet (PBUH) and
said, '0 Messmger of Allah! 1 do not blame Yhabil for d ef«ts in
his character or his religion, but I, being a Muslim, dj,lib behaving
in an un·Islamic manner (if I remain wilh him): Upan that, the
of Allah (PBUH) ,aid (la her), 'Will you give back the
garden which he (Thabil, Ihe husband) has givm you (as dowry)?'
She said, 'YeJ.' Thereupon, the
of Allah (PBUH) said to
him (Thabit),
the garden, and divorce her once:"
As "'gard, Ihe consensus "fMuslim scholars, Ibn 'Abdul-Barr said:

"A1.Muzanl is the only scholar who disagreeJ in Ihu regard (i,t .
disagrteJ on the pt'rmwibility of relea.e againsl payment). Ht argues
that the verse (i.e. the aforementioned on"; AI-Baqarah: 229) u
abrogaud by the following ve"e in which A.llah, Exalted be Ht, says,
'Bul if you w,ml 10 "place ant Wift wilh ,1IIothtr and you have
given one of them a groal amaunl {in gifts}, do not take [back)
from it anything.. : (Qur'an: An-Ni,a':

There are some conditions for the validity of
release against payment (khul'):
o The monetary
must be paid in return by solllrene who is
legally qualified to
o The husband must be
qualified 10 divorce.
o If there is no legal reason, the husband must not make difficulties for
his wife to get back the dowry he has given her.
o The ",lease againsl payment (khu!") must bt done through it, legal
,!'Ohn form.


If it is do"" through a SJI'OIten form of divorce Or an implicit form. provided
the husband has the
of divorce, ,hen it is regarded u divorce. In this
CIS(". the ruling On ,dease in ,tlurn for payment (khu!") ill applied so that the
husband is not entitled to take hill wife back. but he can remarry her with a
new marr iage contl1lCl. even without . he marrieo and n pal1ltes from another
huslnnd first, provided it (the releaK in return for poiymentJ has not bf:en
pnceded by \WO divorc..s that makr it a thred"oId
d ivorce.

if the separation is done through cM legal $pokrn fonn of a
release in retum fOf
(kllld ' ) Of its equi\"lIknt forms which
the CIIncdlation ofmarriage or the likr. provided the hwband does not intend
it to b<: a divorce, it i.
a me re cancellation of the marriage contract
which does not affect the nu mber of divorces. This ;s the opinion reported to
have been adopted by lbn . AbW. (may All ah bf: pleased with him). Ibn 'Abbb
ba$td hill opinion on the fullowing
of verH5: Allah. Exalted bf: He,
uy!.
is ' ... '(e..... (Qu rln: AI · Baqar.lh: 229), and then urs. ...
'''en is .... W.. me "pon
of ,''"'' rcmu,."j"g
1>, ...10/(" site ,..."som,
...- (Q urln: Al- Baqarah: 229) After lhat, Allah u.)"$, - ... A"d if " e"....
dlwm:u "" (for tM 1"/nll/_I, '''no . he is lIof kI ...',,/ /0 him IIftffWfIrd "",il
[aft,,] ,u /tI""in" hUJ/UfHd ,/11" 1/1," him ..." (Qur'An: Al -Baqarah : 230)
lbn . Abbb argu ed that Allah !TIcntion. two acts of divon:c, then an act of
the release against
(khu/,), then an act of divorce. If the release in
retu rn for payment affec ted the number of divorces, there would be four acts
of divorce. not three, which is invalid. And, Allah knows best.

<'i,"....

'''tIt

E ndno l es
AbO. NwiId (2226>(lf4631. AI · n rmidhl (1190) ()J4'Ul. ond Ibn MJjab (:lOSS) 12151 al .
2 5« MJljmu 'ul-Fat6Md 112/2821,
t

1 AI· Bukhl r1 (5273) 1914891.



CHAPTER

Divorce
Divorce is the di!5on divorce varies acmrding to the diffue nt situations. It can k p"rmissibl • .
detestabl. > d.,.;,.bl", obligatory. or prohibited. So, il ca n involve any of the
11"" rulings.

Divorce i!i permissible when th. husband needs it becaus.t of his wife's ill
(onduct, the harm cau$(d 10 him by k«ping hi. wife, and the non-fulfillment

of marriage by keeping her.

ofth.

d iVQTct i. d etestable if there i. no need for it, a. when there i.
no problem
the married couple; some s.cholars deem it prohibited in
such a cu • . According to the prepo nderan t view, divorce i. p" rm is.sible with
detestability in this cue, for the Prophet (P BUH ) says:

"Th. mOST

lawful act in th. Sight of Alklh is diWJrce,·'

(Related by Ab" Dlw(\d and lb n M1jah, and the Inen ofit5 chain of
transmitters ne tru stworthy)


VI[ DIl;QRCl!

In thi.! l!adith, the Propnct (PBUH) refm to divoru as lawful tbough it i.!
detMahle in th e Sight of Allah, indicating its detestabili ty-based permissibility
In this caSl:. The reaSOn for its dctesu,bility in th i' case is that it puts an end to
a marriage that fulfi1l5 Ihe lega lly desired interestS.
On Ihe other hand, divorce txcomes desirable if the wife suffers harm
during her marital life, such 1.$ when there is diw-ension bttwttn her and her
husband or when shoe dislikes him. In this Ca$oe, malntaining the marriage
mo.., harm I(lthe wire, while !he Prophet (PBUH) says:

"Ont sho"ld nor hllrM o/hus I"IOr should one S«k bultfit for ontstlf
by causing harm /0 others."
Divo= be<:omes obllgalory far the husband If the wife is neither righteous

nar upright on the religious level. For example, the wife may be SO negligenl
In prayer thal she abandons it or performs it belatedly, while the husband
Is unable 10 rectify her, Of she may tx morally dishonest. In such casa.. it
Is obI igalory for the hwNnd 10 divoru her according 10 the prq>andennl
view in this '"'8'o'rd. Ibn Taymiyah (may Allah haw mercy on him) llid,
tlot wift rommits od"lury, it i$ I"lOl for the hurMMd /0 kNp hn Olher .....re, Itt 1$
comide.w 11 cwdcold.'" Similarly, if the husband i.I neither righteous our upright
concerning religion, it iJ obligatory for the wife 10 nk for divorce, or separa te
from him by release agaInst rem uneration (khul ") . h is nOI for the wife to Itly
with him as long as he Is negligent of his religious duties.
If the hl15band hu sworn not 10 haw saual intercourse with his wik and
then the waiting period of four monlM pilS$tS and he $Iill ref"mes !O do so and
expiate IOr bis oal h, il iJ obligatory for him !O diVOf"(c t..,r, and he must be
forced 10 00 so. This is b«auu ADah, I'.nJted be He, sa)'$:

«For thOH II'hOlwtll r1101 to h,1't '"lUll rtllltloll' wi rh their w/w:s
Is, waitlllg Hme offour monlhs, but I/thq return (Io nOnllll1
""wHon.) - thtn /lIdud, Alwh /J Forgiving "Md Merciful. And
1/ /hty dt( ldt on di'O'(Jra - tht ll indud, AI/"h /.0 Htllrillg and
Knowing."
(Qur'in: AI-Baqarah: 226·227)

It is prohibiled for lhe husband to divorce h is wife while she is in heT
Imnses. during hu period of confinement, duri ng her swe of major ritual
mrmln,aations) in which he has aln:ady
puriry (ie.the period bet_n the
had lUual inlcn:ou.rw with her. The husband is also prohibited to divorce his
wife thrice at a time, as
will point out won in detail, Allah willing.


TM prool's 0( the legality of divarc .. . "" iIIuStl"llN in th .. Q UT'in. the
$un .....h (Prophttic Tradition) and the COnKnSUS 0( K hoIaTl, Allah Eu1tN "'"

He, says:
(Qui"ln:

229)

Allah ab o says:

"0 Proput, ...hell Y"" (Muslim.) dl"" .....
dil'OTa Ih.....
for (,hu ommmctmellt of] their walt/II' period .. ."
(Qur'an: Al-Ia11q: I)
Mouover, the Prop""'t (PBUH ) says;

"DillOr« bdongs oll/y '0 tllr a nr wha ,akt$ hold oflhr kg (i.f!.
Iht husband).·"
(Rd • •N by Ibn MAjm and Ad'[)haqUlnt, and lhe"" ...., other
IJ,adllhs indiat ing the same mailing)
Bcidn, many Kholan rq>Ort tlx ron5I':ruu5 0( foqllts on the kpIity of divorce.

The wisdom behind divorce is d ea r, and it is one ofthe merits of this grut
rcUgion,ld am, When ne,rssary, divor, .. becomes the legal s.o!ution to marital
probleml, All ah, Exalted be He, says:

•• _thm (/If/tr ,hat), eI,htr ktql (her) In all accepttoblr mOlllnrr
01' "'/taH {hrr] ...ith good matrllm t ..•"
(Qur'an: Al -Baqarah: 229)
Allah a1l0 &ays:
KfHUt'k l lry di....ra/, AI/all ",1/1 rnri(h rQCIt {of
IhemJfrum His IlbwnIW"". And ewr il IJIOlh Enromf'"Ri"1
..lid Wi....•
(Q ur'An: An-Nid" 130)
M8 ..,

Divorce is a ""lid and a good s.o!ution when the"" is no longer a benefit
out of kHping the marriage tie, or when the wife il harmed by staying with
her husband, or when either of the married couple is immoral, defiantly
unli ke th e other,
disobedient, and
The commun iti es prohibiting divorce always suffer many serious social
problem.! slI(:h as the spread of su icide. crime, and the corruption of fil mily
The 8"'11 ""Iigion of Islam permits
and makes propcr rulrs to
l"I'8ulale il in order to achieve the desired inlrrffiS m d f\'P\'l any possibk n

.,.

VU, DIVORCE

and this is the typical way of Islam in all ils
maintain

laws and

that
o(humans in IlK long and the short run. Then:foll'. we

praise Allah, Exal1n1 be Ht. for Hi s bounty and bcsloWJ[ ofl&lam upon w.
The statemen t of divorce is valid when pronounced by a legally qualified,
5af\C husband o r by his aUlhoriud reprne ntative, as the Prophet
(PBUH ) says:

-Divorce
lhe husband):

only 10 the one who Illias hold of Ihe

(j.e.

unqualified to divorcr if his "",nl.1
faculties all' lacking due to something cxtuu,ble. such as h..ing inunc.
Hownorr, • Muslim b«Ort\l'S

unconscious, aslet'?> a suffere r from a
that
unawareness such as
pleurisy, king forced 10 drink an intoxicant. or ta king anc"het ic for medical
t!'talmon L [f one in any of the aforementioned cases pronouncn the spoken
form of divon:r, the dIvorce i. oot legally cffeclive. To illustr:l.le. AI-Bu kMrl
rflatn! in hisSahlh (Authmlic Book of lftIdllh) that ' All Ibn AbCllllib (may
Allah be pleased wilh him) $aid:
«E1I
uupt that /Iy an Insant man.'"

This is because lanlly i$ the principle upon which a legal judgment Is
h.ased. On th e olher hand. if a p"rw n's memal
are lacking due to his
willi ngly taking an intoxicant. scholars differ ,boUI the validity of his divorce
in such a '....,. In g<:ncral. the Four Im Ams as weU :tU a group of Muslim scholars
maint";n that such. divorce is valid.
If a person is forced to divorce his wik and he divorces her in order 10
avoid injustice. opprusion. or p"rseculion. his divorce is noI lqr,ally df«tive.
This is because lhe Prophel (PBU H) says:

"Thm is no divorce or t rnllnripafion in case oJ dufl!SS."
(Related by Abmad. Ab(l Dlwild •• nd lbn M lja hJ

Moreover. Allah, Eultn! be He. laYS:

.Whot>....,

in {i e.. d"'ia) All"" QJtn "iJ fH:Uef. •.
aapl for ...... who /, fo,.u:d fro ...."o.."'"e "iJ ..../lpml wIoUe his
heart is -=u .... i"/allh ...•
(Qu rln: An·NaIll: 106)

Though di.beUe( is mOft serious lhan divorce. Allah
lhose: who
pretend to be
under durrs$. Th us, divorce. wilh g""al .... lftS()n. i$
nOllegally effective when th e hlLSband is fon:ed to do it. However, divon:e Cln


a..fIlt! 1: DiOOlO:
be vaUd under dures.. This is in Cll$C thr husband ha.! JWOrn not to have sexual
interrouTSe with his wife and thm four months pass and he nill rt:fuses 10 have
suual
with her and expiate fllr his oath.
When a man is in a
o f anger but still awart: of what he is s.aying. his
divorce is valid in this CaK. Yd. if h. is too enraged to be aware of what he is
"'ying, his divorce is d«mcd void. More over, if a man "lItCl"J the statement of
divOKe jokingly, h is divorce is dtcmed valid though hr doe$ nOl mean it, a.! he

Endnotes
I ... bll m ,..M (2178) [2/418j.nd Ibn M.Ijoh (2018) !2/SOOj .
2 Se< M.ljtnu ·ul-F.ototw.! (32/ tU ).
3 Thl$ upr.,..;c,n, namrly""takln, hold to(.
..... bIc, implies havin8......:t
inkmlUn< with h ... Th ........ m..Ri", of Iho b4dftl. is tMi .... husband is tl.. ""'r
OM 10 whom the rigIM of diYoru bdonp.
<4 Iba Mlj.oh (2OII1) [21SJ2] and
(_ ) roW4].
S "'1·BIlkhIoi (9/48 11. "" ·l1nnldhl (1194) [Jl4'.161.

6 AbO NW1'>d (1193) (11446' and Ibn Mljah (lO46) (2/S1 4).



,

CHAPTER

Sunni' and Innovative Divorce

Sunni Divorce
di_ = according '0 Ihe Su", ...h (Prophetic 1'radillon) ilthe divorce
that takn pIa« according 10 the W;ly orWoined by Allah and His
(PBUH ). It is effectnl. by the hU$band 's single pronQ',,"cefMnt of divQK e in
an interval between the wife', men muat ions in wh ich. he has not hld sexual
with her, and then he leaves he r until her wail ing period il ov",
Tills divorce acconls wilh Ih( 5..
in tUIllS of
as he prono unces .
lingle diva",,. on his wife and leave. ht. until her waitlns
ls over. It also
accord$ wit h the Su"n" h in term, of tim ing. as he divorcu her d ur ing her stl tt
0( major ritual purity (i.e. Ihe
betwttn her menst ruations) in which he
Iw 001 had sexual
wIth her. Allah, Enlttd bt He. says:

,,,,an

"0 Prophet, ..mn you (M usli,..,j di'l'fJf'Ce _/M!!, din".:e
fr1r [tucom l'MJ'lUmell' ofl their waiting pnlod .••

(Qur';!.n:

I)


VI I: DIVORCE

Commenting o n tht aforemtntinntd Qur'anlc verse., Ibn Mali 'Qd (may
Allah be pleastd with him) "Id:

"The ¥erse mums tilnl WOmen can bt divorced only during their
state ofpurity when no stxllal inrercouru has taken place."'
Mnreover, ' All Ibn AMllllib (may Allah be pleased with him) said:

"lfI-'pk adherY to the ardimmu of AlMh conurning divorce, tk
"""If w;U newt' rvgrtl diovn:ing a _
.m. Ht prollOunU!J a singk
dWorce (at a time) on his wife, and thm ktJ_ her for thr« periods
of me/lS/n/ation during ",hich he C/ln fake her back ifht /itA"'
Th is mearu; that as long as the W(lman ;s sti ll in her woiting period, her
husband can take htr back, as Allah grants the man who has pronounced a
single divorce on hil wife a chance to take her bade du ring her waiting ]>I'riod
if he regrets divorcing her, provided it is not hil third pronooncemrnt of
divo=on her, Howf'ver, If It tM third divoree, the hU$band CIInnot take his
tJt·wife bad<.

Innovative Divorce
Innovative divo. ct refers to the divorce that takes place in a prohibited way
5uch as the following cases:
• Divorcing ont's wife by pronouncing the spoktn form of divorce thrice
simultaneously: (lnnovati,.., diVO«t in turns of num)x,r)
• Divorcing one's wife wh ile she is in a stale ofmenstruation o r conii nemmt: (innovat ive divorce in ttm'l5of timing)
• Divorcing ont'S wife whll< she is in a Sllttofpurily in which he has
intercourst with lKr; (lrmovative d ivora in terms of timing)
Innovative divorce concern ing the num!)(,. of th( pronouncements of
divorce make. ont', ex -wife prohib ited for on c 10 lake back until she marries
another man and Ih(n
from him, Allah, Eu lt ed!)(' He, says:

if". "as

flu ,"ird "me}, tMn sit. iJ; 1101
lawfu' to IUm afterward ullli' [lIfter} IIx .....rrtQ If "oaband
thOll hlm ...Al-Baqarah: 230)

-And

di'l'Orcai

As for the innonlive divorc. concerning thelimi "3 of divorce, when Mlch
• divorce takes plact, it i, desil1lbk for the hll$bomd to take hili wife h.ack. Th ili is
btcllmewhcn'
Ibn ' Umar(may Anah be plu$td with them) divorced


his wife during her menses. the Messengtf" of Allah (PIlUH) orderm him to
take hu back,' as related by the Group of Compilen of l;J.tJdith. Thus, jf the
husband In such a ca", taUs his wife back. he must keep her unal she bf:comes
In a state of major ritual purity Ind then he can divorce her ifhe pleases.
It is proh ibited for the husband to divorce his wife through the aforemention.ed innovated ways of divoKe, whether concerning the numbe:rofthe
pronouncements of divorce o r its tim ing. Allah, Exattod be He. says:
is Iwiu,. T1mt [..fin tluaI}. eit/w k«p [" er} ill,.., 1lCUp1-

IIbIe IIIIlIIntT

mNN {1ter/ ...iUr pod trul"",,,I . ..

(Qur'ln: Al -Baqarah: 229)
Allah also says:

"0 Prophet, ...hltn you {M uslilfU/ dim",,,, _m",".
for (the """''''etltenUllt of! Ihtir ..... mllK period •..

th"'m

(Qur'An:

l)

I.e. while they are in a ilate of majo r ritual purity provided no SCltual
intercourse with them has t .ktn pl;\Ce.ln addition. when Ihe Prophet (PBUH)
was informed. that a man had divorced. his wife with th ree pronouncements of
divorce at I time. he (PBUH) wondered angrily:

"Is the Book of AlIllh made light ofwhilt IlIm IImongst you?!"'
Besides, . Umar IOOul· Khant b (may AUah bf: pIea5ed with him) used tobe.t
any man who divorced his wife thrice (alI lilM) if he was brought to him'. For
illuslration., when the Prophet (PBUH) was informoed Ihal . Abdulllh Ibn
' Umar (may Allah be pIeasN with him) divorced. his wife during r..,r menses,
he (PBUH ) gOl angry Ind ordmd him 10 lake: her back'.
All the previous proofs indicate (hat it is obligatory for every Muslim
man to adhere to the legal ruling5 on divorce observIng both its number of
pronouncements
timing. A Musli m ha. al.., to avoid the prohibited way.
of d ivorce whether concerning the number of tr.., pronooncemc nts of divorce
o r it' liming.
many IMn,
do not understand or carr about
this nowadays,and. conseque ntly. they cause
dimculty
and then mey""'" solutions 10 get their
hack.. di.5CCll1\flt;ng tr.., muftis
whom they refer to. In fact. In .uch problems arc consequences of making
light of the Book of Allah. EJ:a\ted be He.

aoo

J


VII, DIVORCE

."

Some men, unfortunately,
diYQIU as a wupon 10 threaten their wivn
with, forcing them to do somClhing or prn'C'nting them from doing anol\w; r.
Ot her men

USe divorce as an oalh wh ile dealing with or talking

to others. Such men mU51 rear Allah and keep away from uttering the oaths
of divo rce, fur diVOrce is not made 10
U an Oath, but to be rc$Ortcd
to when ne«ss.ary and according to the s.pedfied number and timing of the
pronouncn.." nt of d iVO<"(c.

The Spoken Fonns of Divorce
There au two spoken forms of divorce:
A- Direct pron ouncement: It indudes the word "divorce· or any of
its derivatives that indicate that the husband divorces hi. wife, and it
<:wri". no other muning tlun divorce', such as uying to onc's wife, "[

divorc.. YOU,," or, ·You are dimrced," or, ·You
become a divorc«."
In such cases, the divoro:
valid and dfcctive. Yr(, if the
husband says something like, · You a.., being divoocrd: or, "en your
divora; and tM like, divora in such cases il invalid, as the spobn
form dOQ nQl indicate its t!k<:1",",ess.
B- Indirect prono uncement: I1 induda melonymic words Ihat imply
divorceas well as ol her mnn ings, such as s.aying to one's wife somtthing
like, · You are free; ur, "Go and keep away from me; or, "Go back 10
your parents," or, "There i5 no liability on your pari lownds .•
legal diffe«:nce bdw«n direcl and indirect lpokm forms of diVOt« is
that divorce is valid ona the husb;r,nd uners any of the din:ct pronouncements.
evm if jokingly or unintentionally. This is because tM Prophet (PBUH) $afJ:
"There 1111' /hm ,hings which, whether .. nder/llbn wiuwly Of" in
jNt, 11", trttmd lIS serious: divorre, mllrri(1.ge IInd llikjng bild: 11 wife
(after 11'liOCabl. divorrt)."
(1«:1.1«1 by the

CompileT$ of Had/II• • xcept An-Nod'l)

divorce is invalid in CI""of uttering any ofthe indirect metonymlc
words of divorce, unless IM husband does inlend to divorce his wife, This it
lxausr sw:h indirlKt melonymic words indiat., some meanings OI:her than
divorce. ThUs. if the tlllSband does not mean to divorce his wife when unering
such words., divorce is Invalid and indfedive, excq>! in th= (2StS:
I) If M Utltrs thn.e words whfil there is a
his wife:

brtW«n him and


21lfhe umrs (line worru whtn ht is angry;
3) lfhe utters these words in reply to his wife when she asks him to

divorce her.
In the afO"'lD<'ntioned thl"«
divorce is & emed "'lid and dfective u
fOOn u the husband utten such metonymic words, even ifht claim. that he
has nOl intended divorce, for tkc state he is in shOWl lhe inlenlion of divorce.
And. Allah knows best.
It is pennissi\lle for IlK ht.LStnnd 10 daiglljte • repTa(f\tatlvt 10 divolU
hll wife whether the rqwesentative is a str.mgcr or even the wifto kcrself, as it
Is permissible for the husband to authorize his wifto 10 divorce herself if she
wantl. The authorized representative legally acts on beha lf of the husband,
and thut the rulings on direct or indi...,c! pronouncement.! and the number
and the timing of divorce are applied u if he ill the husband himj.elf, unless the
husband restricts his representative to effect the divorce In I ce Mai n way.

OiYoroe is not valid unleu it is pronounced by the husband (or his
jfpl etUlbtivr). ln otherwords, If the husband hasthc intmtion of diYora withoIJ;
pronouncing it, divurcc is stiR
Invalid. The Ptop.'let (PBUH) says:
/w.s forgiven m)' joilowtrstm evil thoughts tlult occur to Iheir
minds, oU kmgll$ such thoughts are nOI put into act/o" or ultcrtd.-'
However, there are two
in which divorce is valid even if
the husband (or his rtpre.wntative) does not pronounce the SpoUll form of
divorce. The lirst case is when the hw.boond writcsdown I (U«'CI pronouncement
of divorcing his wife provided hc does intend to dMllu her. Yet, scholars differ
if he does not hi.vt the intention of diVQl"Ct by sIKh writing. but the majoriry of
them '"' ol lhe opinion that divorce is abo valid in this auc. 11>c second case is
when a dumb husbmd maJr.et an understandable gesture indiating divorce.
Concerning the number of

pronounwhether the husband is a
or I slave, but it has noth ing to do with women;
AUab, E:nltM be He, addreuel the Prophct and aU Muslim nvn saying:

wom"",

"0 Proplld, wIo". )'O .. (/toIuollnu) aiwJr«
alVOml! 'Mm
J« {the ,,,mmmumnl' of) ,Mlr ....uti"g pmod...

(Qur'ln: Ai-I al1q: l)
Allah o..Iso saY':

-And when ,... .. aivo":"

their krm •.••

WOnltrl

'lnd 'lie),

f nurl)'] fulfilled

(Qur"n: Al-B. qau h: 231)


".

VII: DIVORCE

the Prophet (PBUH) says:

"Divorce belongs only to the ont who tQkes hold of the leg (i,e. the
husband)."'
A freeman is entitled \0 divorce his wife thr« limes even if she is a slave,
while a
man is entitled to divorce hi. wife only twiC<' """n if she is , {rce
woman, Th ere i$ no dispute that if both the husband and wife a"" fr« (Le.
not slaves), the husband is entitled to divOICf his wife thre<: times, and if they
are slaves, the husband is entitled to divOIU his wife only twice. Yet, scholars
differ when either the husband or the wire is free while the oth er is a slave.
The preponderant view is that the number of the pronoufla:ment. of divorce
is on.ly dependent on the state of the husband., as previously explained, ,ince
divo= is essentially a right of the husband not the wife.

It is permissible for the husband to mah uceptions while divorcing
hi' wife or wives. Such exceptions can be related to the number of the
pronounaments of divorce, such as saying, "You are divorced thru times
e:divorce all my wives e:divorcing them, such as saying,
However. the exduded thing must be half or less than half the general ttrrn.
In other words. it is invalid to make the thing excepted more than the general
term, such as saying to one's wife, "You are divorced three times except two
(i.e. once)." Moreover, it is necessary to utter the exception when it umcerns
the number of divorce. For uample, if the hu.band says to his wife, · You are
divorced three times.- white having the intention of excluding one time of
divorce, it is deemed a threefold d ivorce. This is because the uttered number
is considered a term that cannot be altered by a mere intention, since the
spoken word is more reliabl e than the hidden intention, Nevertheless, it is
permissible for the husband to exclude one of his wi"", by his mere intention
while uttering the pronouncement of divorce. For e:says, "My wives are divor",d," and he intends to make an exception of one of
them, this exception is legally valid, though it is not verbally expressed . This
is because the word! "my wives" can refer to all orsome of them, and thus the
intention is a decisive criterion in this case.
It is pennissible to mak", cond itions for divorce. For example, the husband
un say to his wife. "If you enter the house, you will be
making the
divorce dependent on her entrance to the said house.
The onty one permitted to make conditions in divorce is the husband. Thus.
if a man says, "If] marry so and '0. [ will divorce her;"' and then he marries


Ch.p,,,, 3;

.nd Inoo ... i.< DiVUfC<

'"

her, such a condition is
invalid, for the man was not htr husband
when he made it This is due to the b.adllh narrated On the authority of' Amr
lbn Shu'ayh, from his father and his grandfather u sp«tivdy, in which the
Prophet (PBUH) says:

"The son of Adam
should not
a vow about whM he
not posuss, or "I fret what he does not possess, or divorce
what he does not PVSSfSS:'"
(Rd atffi by Ahmad, Abli D!wud, and At-Tirmidhi who de<:med it
ahasan (good) hadrth)
Allah, Enhed be He, says:

"0 YO" who have iH:lieved, when you marry bdievillg womell
and thell divorce them ...
(Qur'!n: AI·AhZThis ve!lle and the aforementionffi hJu/ith indicate that a man's divorce: of
an ajnabiyyah is invalid; thue is cons-;niUi on this ruling when it is a diu,t
pronouncement of divorce, and it is "loo agreffi upon by the majority of
scholars when it is a conditional pronouncement of divorce.

If the "husband" makes acondition for divorce, d ivorce is invalid unless the
condition is fulfilled. Further, oometimel; the hushand is uncertain about his
utterance of the spoken form of divorce, the numbt rofthe pronouncements
of divorce he has made. Or the ful fillment of the divorce conditions. If the
husband is uncertain whether he has uttered the spoken form of divorce or
not, divorce is deemed invalid, as marriage is a certain fact that cannot be
nullified by a mere doubt. Likewise, divorce is invalid if the husband doubts
the fulfillment of it. conditions. as when he says to his wife, "If you enter
such and such a house, you will be divorced," and then he doubts whether
she has en!Cud such a house or not, for marriage cannot be nullified due 10
mere uncertainty. On the other hand, if the husband is certain that he has
divorced his wife but uncertain about the number of pronouncements of
divorce he has made, it is only regarded as the one pronouncement of divorce
which he i. certain about. Other pronouncements of divorce are nnt taken
into consideration as they au still doubtful, and the general legal principle
is that certainty cannot b.:: nullififfi by mere suspicion. This legal principle i.
a general, dfe<:\ ive on e, d erived from some uadi/hs of the Prophet (l'BUH);
he (PBUH) says:

·uave that which make$ you doubt for that which does not make
you dOU bt.· "


..,

VII: DIVORCE

The Prophet (PBUH) also said cOn(erning. man', urw;:ntainty whether be:
had passed wind during pra)'tt or not:
"Ht should not kaw 1Ii> prafD' ,,"Ius lie Iwm wurtd

Or'

smdIs

romt:u,;ng.""

an some ot"",
the $lime meaning. Such ruli ngs
Ind icate the leniency and perfection of Sharl 'ah ( Islamic Law ), SO all praise is
due to Allah, Lord of the worlds.

Endnotes
I
ASwrIl4h (Prop/>cIic Tradition).
2 AMLayhaql ( I.91S) P /5321.
3 Ibn AbG Shaybah (1 1716) 14151]
4 AI-BukIUThmidh! (1 177) [lIH8 ). An-Nul' (3l99) (:lJ4SZ). lton Mt;ah (20 19) I2I'iOOJ.
5 An · Nun (:HOI) (114S1].
6 IboI.IJ>jI Shaybah (I77IU) 14191].

1 Mull;'" ( J642) ]513(16).
8 AJ-Sukhlrl (S2ii9J [91(81 ) and Mu5lim ()la) [1m3) .
9 Ibn Mijah (2081) IlI5321 I nd Ad -Oaraqutnl
14/241.
10 AI · T1rmldh! (lIB) [3/4861 . nd loo MlJ ah (]1)oI7) 1:1.151 4).

11 AI· T1rmidhl (252)) (4/1>68].
12 AI· Bukhtrl (l l7) ! 1/31 2) , and Mutlirn (802) 1111121.


CHAPTER

Taking Back One's Divorced Wife
(Raj'ah)
Taking back ont's revocably divorced wi fe during her waiting pe riod
without a new marriage contract ;. permiss ible according to the Quran, the
Sunnah (Prophetic Tradition), and the consensus of Muslim scholars.

Concerning the proof of its legality from the Noble

Allah. Exalted

be He. JaYS:
•.. And thtlrhusfNmd, haw mort right to tab t"tm back In this
[perlod1 if they ",.."t ru" ..dliati" ... ..
M

(Qur'1n: AI -Baqarah: 228)

Allah also $11)'5'
«Di,,01'c, Is twi,.., Then [..fin th"t}, t ither kup [herl;" an
Qcuptablt manner or reletut [her} with good matmtnt...
M

Al-Baqarah: 229)


VI!: DIVORCE
Moreover, Allah, Exalted be He, says:
when thq havt tneaTly/ fulfilled thtir ttrm,
rtlta/n
them according 10 occeptable term. ar part with them 10 acceptabk lern:l •..•"
(Qur'1n: At· Ial1q: 2)
As for lhe Sum"ah, lhe
divorced his wife:

(PBUH) said aooutlbn 'Umar when

"Order him to tab her baek."'
Moreover, he (PBUH) divorced. his wife
and then took her back'.
Regarding the consensus of scholars On the legality of taking one'. divorced
wife back,
said:

·Scholm'$ unanimously agree that taking back ones wift during her
waitjngperiad is permi$Sib/e for the freeman who /UlS made 1= than
three pronouncements of dillOrce (011 his wift), and for the
man
who has made Ius than two pronouncements ofdjllOrce,·'

.Ia",

The wisdom behind the legality of taking one's divorced wife back is that it
is a
for the husband
regrets divorcing her and wants to maintain
the marilallife with her again, and this i. a kind of divine mercy bestowed by
Allah u]Xln His servants.

There are some conditions for the validity
of taking back one's divorced wife:
1) The number of pronouncements of

made by the husband must
be I... than
ifhe is a f""'man and le.. than two ifhe is a slave. If the
husband has already used up his lawful number of pronouncements of
divorce, his ex·wife becomes
to him until she marries
and separates from another man.

2) The divorce mllSt be after the consummation of marriage (Le. having

S(:xual intercourse). If lhe husband divorces his wife before having
S(:xual intercourse with her, h. cannot lake her back, for .he has no
waiting period in this caS(:. Allah, Exalted be He, says:

"0 you who havt b. U.v.d, ...h. n you marry IHUeving wom.n
alld rhm dlWJrc. IMm ""for. you luwe touched th.m [I.t.,
consumrrwted the nuuriap], th. " Iherds not for Y<'" any_itlns
period ta co .. ,., conctrning Im,m. So provide for them alld give
Ih. m agraaou. reltll.e."
(Qur'An: AI·A,hub, 49)


.,
3) The divorce must not be in return fur a comptm,ation given tl> the
husband. If th e wife pays comp.!nsMion to hu husband to gd divorced,
she becom es unlawful to him to take back unless with a new marriage
contract and with her consent. This is because she ranwms herself

by paying compensation 10 her husband to separate from him, and
taking her back in this case contradicts her purpose in paying him
such comptnsation.

4) Marriage must be originally va lid. If the husband divorce, his wife
during an invalid marriage, he cannot take her back she beco mes
irTn'ocable for him by divorce.
5) The husband must la"" hi' wife back during her waiting period, for
Allah, Exalted be He, says:

", •. And

hU$l>ands ha"" mn.... right to tau them ""ek ill

this rptriodl ...

AI -Baqarah: 228)

6) The husband's taking back of his wift must not (,., conditional. For
t xample, it is invalid for a husband to say to his ex-wift, "If such and
such happens, I will take you hack,"
Scholar. d iffer On whether it i. a condition for tht validity of returning
one's ex-wife that each of the separated couple intend, ,",conciliation.
Some scholars maintain that it is a condition th at must be fulfilled, for
Allah, Exalted (,., Ht, ""y' in this regard;

", •• if they "'
(Qur'an: AI -Baqamh: 228)

ShaykhuJ.Ish\m Ibn Taymiyah (may Allah have mercy on him) said :

"The husband is nol perrnilled 10 lake back his ...ife during her waiting
period unle" he intends rrxonciliation and wants 10 keep her in an
acuplable manner,"'
Some other scholar. are ofthe opinion that the intention of ,",conciliation is
not a condition for the validity of taking back one', ex- wife. They argue that tht
afo,.,mentioned noble ver ..,. -. .. if thq ",a"t reconciliation ...-, only call, th em
to !'e<:oncile and keep away from hurting one another, but it
not mean
that reconciliation is a condition. Yd, th e first opinion is the preponderant;
and Allah knows best.
The legal spoken form pronounced by th e husband to ta ke back hi.
revocable ex-wife can be through any proper words indicating that purpose,
mma.saying, "' take my wife back," or, "' ,.,turn to my w ife," or the like. Taking


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