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Divorce in Islam: talaq, khul‘ and the waiting period
Islam allows separation when living together becomes impossible, but regulates it to protect the spouses and the children.
Before separating: seeking reconciliation
“And if you fear dissension between the two, send an arbitrator from his people and an arbitrator from her people. If they both desire reconciliation, Allah will cause it between them.”
Surah An-Nisa, 4:35The forms of separation
| Form | Who requests it | Effect |
|---|---|---|
| Revocable talaq | The husband | Reconciliation possible during the ‘iddah |
| Final talaq | The husband (3rd divorce) | Remarriage impossible except in one case (2:230) |
| Khul‘ | The wife, returning the dowry | Final separation, new marriage possible |
| Faskh (annulment) | A judge or religious authority | In case of harm, absence or lack of maintenance |
The Sunnah rules for talaq
- Do not divorce during the wife’s menstruation (Sahih al-Bukhari, 5251).
- Pronounce only one divorce at a time.
- The wife stays in the home during the revocable ‘iddah (65:1).
- The husband owes her maintenance during the ‘iddah and a gift (mut‘ah) according to his means (2:241).
- Separate “in a kind manner” (2:229), without taking back the dowry.
Children keep their rights to maintenance and to the affection of both parents. See also marriage in Islam and women’s rights in Islam.
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You may be wondering…
Is divorce allowed in Islam?
Yes, when living together becomes impossible. The Quran devotes an entire surah to the subject, At-Talaq. Reconciliation is always preferable: the Quran asks for an arbitrator from each family before separation (Surah An-Nisa, 4:35).
What is khul‘?
It is separation requested by the wife, who returns the dowry or part of it in exchange. The wife of Thabit ibn Qays asked for separation; the Prophet ﷺ asked her to return the garden she had received as dowry and pronounced the separation (Sahih al-Bukhari, 5273).
How long is the ‘iddah?
For a divorced woman: three menstrual cycles (Surah Al-Baqarah, 2:228); three months if she does not menstruate; until childbirth if she is pregnant (65:4). For a widow: four months and ten days (2:234).
How many times can one divorce?
Revocable divorce is possible twice: during the ‘iddah, the husband may take his wife back (2:229). After a third divorce, he can no longer remarry her, unless she has married another man and then separated from him naturally (2:230).
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