Fruitful Living
Divorce in Islam
Introduction
Servants of today’s khutbah addresses a topic that is both delicate and significant—divorce in Islam. Marriage is highly valued and recommended in Islam, seen as a means of fulfilling half of one’s faith.
However, Islam also recognises that not all marriages work out, and in cases where relationships become irreparable or detrimental, divorce is permitted as a last resort. Divorce in Islam is not taken lightly, nor is it encouraged without valid reason.
Rather, it is regulated with specific guidelines to ensure that all parties’ rights and dignity are respected.
Through today’s khutbah, we will discuss the concept of divorce in Islam, exploring relevant conditions precedent to divorce by referring to verses from the Qur’an, the sayings of the Prophet Muhammad (PBUH), conditions and rights regarding divorce, the legal perspectives under Islamic law, the Mohammdan Ordinance CAP 129 in the Ghanaian statues, and remedies for wrongful divorce.
What is Divorce?
Divorce, or Talaq in Arabic, is the legal termination of a marriage contract, allowing both spouses to separate and move on with their lives when marriage fails to fulfill its intended purpose. Divorce is seen as a compassionate option in Islam, as it can prevent oppression, suffering, and emotional harm when a marriage becomes unsustainable.
However, divorce is regarded as a last option, taken only after all other efforts to resolve issues have been exhausted. The Qur’an and Hadith provide clear guidance on how to approach this difficult decision, emphasising that divorce must be handled with patience, respect, and a sincere effort to avoid it whenever possible.
Divorce in Islam: Relevant Qur’anic Verses
The Qur’an provides specific guidance on divorce, regulating it with fairness and compassion to protect the rights and dignity of both spouses. The following are key verses relevant to divorce:
The First and Second Talaq: Allah (SWT) says in Surah Al-Baqarah:
“Divorce is twice. Then, either keep [her] in an acceptable manner or release [her] with good treatment…” (Qur’an 2:229).
This verse limits the pronouncement of divorce to twice, encouraging the husband to either reconcile with his wife or release her with kindness. This restriction ensures that divorce is not taken lightly and that there is room for reflection and forgiveness.
The Third Talaq and Remarriage: Allah (SWT) further states:
“And if he has divorced her [for the third time], then she is not lawful to him afterward until [after] she marries a husband other than him…” (Qur’an 2:230).
Here, Allah establishes that after the third talaq, the couple cannot remarry unless the wife marries and divorces another man. This rule prevents impulsive divorces, reminding spouses of the seriousness of their decision.
The Waiting Period (Iddah): Allah (SWT) in Surah Al-Baqarah emphasizes the waiting period:
“And when you divorce women and they have fulfilled their term, do not prevent them from remarrying their [former] husbands if they agree among themselves in a fair manner” (Qur’an 2:232).
This verse protects women’s rights, allowing them the freedom to remarry if they desire, once the waiting period is over. The waiting period (iddah) also serves as a time for reflection, reconciliation, and healing.
Kind Treatment and Avoiding Harm: Allah (SWT) says in Surah Al-Baqarah:
“Do not retain them to harm them so that you transgress…” (Qur’an 2:231).
This verse warns husbands against holding onto their wives out of spite or harm, urging them to treat women with respect, even during divorce.
Chapter of Divorce (Surah At-Talaq): In Surah At-Talaq, Allah (SWT) provides specific rules on the process of divorce, including waiting periods for pregnant women and guidance on providing financial support during and after divorce.
“And those who no longer expect menstruation among your women, if you doubt, then their period is three months, and [also for] those who have not menstruated. And for those who are pregnant, their term is until they give birth” (Qur’an 65:4).
This verse offers guidelines on different waiting periods, protecting both spouses and any children involved.
These verses emphasise that divorce, while allowed, must be handled thoughtfully, with a focus on justice, respect, and care for all parties.
The Prophet Muhammad’s (PBUH) Sayings About Divorce
The Prophet Muhammad (PBUH) emphasised that divorce should be a last resort. He said:
“Of all the lawful acts, the most detestable to Allah is divorce” (Abu Dawud, 2178).
This Hadith reminds us that, although divorce is permissible, it is disliked by Allah (SWT). The Prophet (PBUH) encouraged couples to exercise patience, understanding, and forgiveness before considering divorce.
He advised spouses to resolve their differences with kindness, highlighting the value of perseverance in marriage.
By Imam Alhaji Saeed Abdulai – 1BN Michel Camp, Tema